Regarding:
WILSON et al. v. LAYNE, DEPUTY UNITED STATES MARSHAL, et al.
Certiorari to the United States Court of Appeals for the Fourth Circuit
No. 98-83. Argued March 24, 1999—Decided May 24, 1999
Identify which elements of this case fall under judicial review and judicial precedent.
In this case, in reference to the presence of the media in the execution of a warrant, I think the Court was trying to adhere to judicial precedent. But, at that time there were no similar cases that had been decided in the Supreme Court. The Court really had no reference to decide if the officers’ bringing in the media violated the plaintiffs’ Fourth Amendment rights. In Wilson et al. v. Layne, Deputy United States Marshal, et al. it is stated that:
The Court of Appeals declined to decide whether the officers’ actions violated the Fourth Amendment, but concluded that because no court had held at the time of the search that media presence during a police entry into a residence constituted such a violation, the right allegedly violated was not “clearly established” and thus respondents were entitled to qualified immunity (1999).
As per judicial precedent, “under Bivens and the state officials under §1983” (Rehnquist, 1999), the plaintiffs were allowed to sue law enforcement for money. While law enforcement was entitled under a warrant to search the home, the reporters were not specifically mentioned in the warrant, and they did not help execute the warrant; therefore the plaintiff’s felt their Fourth Amendment rights were violated and sued the government.
As per judicial review, the officers were “granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights’ (Harlow v. Fitzgerald, 457 U.S. 800, 818 [1982])” (Rehnquist, 1999). Basically, if a right is not pre-established by the Constitution, the government officials may be granted a qualified immunity.
The Court used its discretionary power given to them under Marbury v. Madison (5 U.S. 137 [1803]), and exercised judicial review by acknowledging that having an agreement between law enforcement and the media for constructive purposes should not infringe on a person’s right to privacy in their own home.
Because there were no previous similar cases to refer to, the Court could not rely solely on judicial precedence; and so judicial review gives the power to the Court to define and decide the meaning of rights. The case of Wilson et al. v. Layne, Deputy United States Marshal, et al. is now a precedence of reference for similar cases. You cannot have one without the other; the Court needs judicial review in order to maintain judicial precedence.
Saturday, December 20, 2008
Please Stand By Me
Do you ever have one of those moments, when you see something at exactly the right time? I am feeling lonely and sad... and lately I just need somebody to stand by me. My parents sent this video to me, and it is obvious that I am not alone in the world. I checked my email earlier at work today, but I decided not to watch the video at the time. I watched it when I got home, and, well.... I just had one of those moments.
What I am taking from this, is that no matter how lonely and sad I am, I know there are people all over the world that are feeling the same way. Sometimes we do not always have someone to stand by us when we need it the most, and sometimes the only thing we can do is belt out our heart's pain in song for all the world to hear.
Hey, World... Stand By Me!
What I am taking from this, is that no matter how lonely and sad I am, I know there are people all over the world that are feeling the same way. Sometimes we do not always have someone to stand by us when we need it the most, and sometimes the only thing we can do is belt out our heart's pain in song for all the world to hear.
Hey, World... Stand By Me!
Thursday, December 11, 2008
Blahism: Criminal Justice Opinion Portfolio
Forward
Again, I was constrained by a word-count with this paper. The teacher wanted exactly one page per subject, even though I could have written a whole paper on each subject. But anyway, I got an "A" on this paper, too, but I feel I could have done better.
The Media, Crime, and Violence
Many people believe that the media are a cause of violence and crime, and others believe that they simply report what they see. In the history of man, there has always been violence. In the Bible Cain killed his own brother, Abel, because he was jealous, and then tried to lie about it. The Bible and other history books are full of the tales of violence that have defined human nature. As long as there has been violence, people want to know about it. The obsession of humans with the macabre could be our survival instincts at work. Being aware of danger can help us to avoid it.
I believe that there is violence regardless if there is a journalist there to cover the story. The media definitely capitalizes on gruesome details; the more shocking the piece is, the more viewers there will be. I do not believe that the media contributes to violence and crime, or is a cause of it. Informational websites, like The Smoking Gun (TSG), report on high profile cases and odd crime stories. Some people may believe that news sites like TSG inspire copycat criminals, but the same information available on TSG is reported in newspapers around the nation. If someone is going to commit a copycat crime then that is what they are going to do, regardless of where they heard the story. According to the Media Awareness Network, scientists revealed in “studies conducted in Australia, Finland, Poland, Israel, Netherlands and the United States” that in order for media violence to cause aggression in children, they must believe that the violent shows “portray life just as it is” (2008).
People should pay more attention to the rise in population in relation to violent crime; and they should also be looking at the discipline skills of the parents who are raising kids that end up violent offenders.
The Media and Anticrime Efforts
I do not believe that the use of the media to deter crime increases society’s fear of crime. The media is not a bona fide solution to crime deterrence, but I do believe that it is helpful in some situations. If anything, I feel that the media’s display of crime deterrence methods enables the people to safeguard themselves. People feel more confident if they have methods to turn to. For example, a woman walking to her car in a dark parking lot late at night might feel more comfortable after watching a news segment on how to prevent an attack, or how to defend herself from an attacker. Another good example of how the media can help deter crime is shows like America’s Most Wanted, and news casts that show video surveillance of crime, mug shots, or police sketches of suspects. This allows the community to get involved and help law enforcement solve cases and find criminals.
America’s Most Wanted is successful because the host, John Walsh has experienced what many families have suffered, the loss of a loved one. Because of that connection to the people, and because of lobbying efforts by John Walsh, many laws have been passed, and many criminals have been brought to justice. People like a happy ending just as much, if not more, than our natural morbid curiosity to see violence in the media. It is true that journalists and reporters can be invasive. If you or someone you love has been the victim of a violent attack, members of the media can seem annoying. There are some instances, however, when the media can be used as a crime fighting tool. Parents of missing children often turn to the media for help in enlisting the aid of the community in finding their child. Consider the constitutional rights for the freedom of the press; and consider the positive side of the media instead of focusing on the negative.
The Exclusionary Rule
The exclusionary rule was designed to uphold the Fourth Amendment, protecting the rights of people against illegal search and seizure. The rule has made it so evidence seized illegally is not admissible in court, and cannot be used against a defendant even if it proves their guilt. The exclusionary rule should be repealed. A person’s rights can still be respected without enforcing the exclusionary rule, by redefining, and adhering to “probable cause”. Illegally obtained evidence should be allowed in a trial if the evidence clearly proves a suspect’s guilt. As an alternative to the exclusionary rule, statutes should be enforced upon unruly law enforcement officers who knowingly violate a person’s rights, as described in the Fourth Amendment.
There may not be a very large percentage of criminals who are set free because of the exclusionary rule, “less than one out of 100 police arrests are declined for prosecution”; but even one out of 100 is still one too many (Neubauer, 2001, p. 66). It is true that the court should not overlook any type of illegal activity, including activity by the police; but they should not overlook one for another. Both parties should be prosecuted, police and criminal. The rule designed to protect peoples’ rights has turned into a law protecting the rights of criminals. It is not acceptable for law enforcement to take advantage of their authority and conduct searches without warrants, but the community should not suffer for law enforcement’s mistakes. Individual officers should be reprimanded for illegal activity. Dismissing incriminating evidence as a punishment to police is unjust. If an officer breaks the law, his misdeed does not make a criminal any less guilty. The exclusionary rule allows for a criminal to successfully commit a crime without punishment if evidence used was obtained illegally.
The Death Penalty
Is the death penalty an effective deterrent against crime? This is a tough issue that should be handled case by case. On one hand, I feel if a state is going to enforce the death penalty, then they should really enforce it. The death penalty is not a good deterrent if it is never used. On the other hand, I do not really agree that it is anyone but God’s decision to take a life. The offender needs to be punished, no doubt, but does anyone really deserve to die? That is a tough question for me to answer. Capital Punishment is the ultimate retributive justice; some crimes just seem so heinous that no other punishment seems just. If you take away the death penalty, criminals will have no real fear of severe punishment for serious crimes. Plus, prisons are already overcrowded, and the expenses fall on taxpayers. I still am undecided on whether or not I support the death penalty, but I do think it could be a good deterrent.
As it stands, studies show that states who do not use the death penalty fare better on homicide rates than states that use the death penalty (DPIC, 2008). The problem here is that states that have the death penalty do not use it enough. The deterrence value of life in prison is equal to the death penalty, so why not abolish the death penalty? I suppose I fear that taking away the death penalty might ignite a rise in murder rates.
Whether or not the death penalty is moral, it will only be an effective crime deterrent if it is used more often. Criminals will be more likely to think twice about committing serious crimes if they know that there is a real possibility they will pay their debt to society with their lives. Society should not have to foot the bill to support another criminal in prison for the rest of his days. Get him out of there and help keep prison populations down.
Women in the Criminal Justice System
There are many different issues facing women in the criminal justice system; women who are affected by, or women who participate in the criminal justice system. There are women in the workplace, including law enforcement officials, and politicians. There are minority women, mothers, single women, single mothers, and lesbians. The woman criminal, and the woman victim in relation to domestic violence, sexual harassment, and the rhetoric involved in sexual assault cases. There is still bias against women in the workplace, in court, in prisons, and against women in general. Women have come a long way in history, only recently allowed to have jobs that were previously only for males. Despite all the legislation passed since the 1970’s, Glass Ceilings are still prevalent, along with lower wages. “95 percent of female court employees were in the lowest seven pay grades and none were in the top seven” a survey from Rhode Island found (Neubauer, 2001, p. 150).
In this age of record divorce rates, and gay marriage, America is forced to look at raising children differently than it has before. Some people still think a woman’s place is at home with the kids, and not in the office. America is changing, though, and so are the parental and working roles in American households. Minority women have twice the hardships of a minority male, or of a white female. I think it is hard for conservative types to get used to the idea that some women do not want to get married, or who wants to have children and no husband; and that they are entitled to do so. In the same respect, the idea that a child can have two mothers and still have a normal life still upsets many people, especially religious groups. The end result is hate, discrimination, and inequality. Justice is hard to come by for women.
Parole Abolishment
Humans can change, even criminals, if they are exposed to the appropriate treatment. They are not going to learn anything if they are stuck in prison. More funding should go into education, and rehabilitation programs, than into maintaining overcrowded prisons, or building more prisons. Educating children with better values and morals will put a stop to the incline of people in prison. Legislators would need to raise already high tax levels to accommodate the growing prison population; but, that money should be going to better the community, not bettering the prison system. Taxes are not going to go away, so we might as well do something positive with the money.
While it is true that inmates who are released on parole before their sentence is complete may continue a life of crime, the percentage is low. Rehabilitation programs do not profess perfection, but they do make a difference. The difference is made, in work furlough programs, when community correctional officers enforce punishment by sending unruly prisoners back to prison, instead of looking the other way. People who can be rehabilitated need the community’s support in helping them adjust to life on the outside. “Offenders often have few marketable skills and training and, as a result, have a difficult time securing legitimate employment. With no legitimate income, many resort to crime” (Neubauer, 2001).
I am so disappointed in California because we had an opportunity this election to put funds towards better rehabilitation and parole efforts, but the voters did not pass the bill. Bureaucratic mumbo-jumbo confused the voters and everyone piled on billions of more dollars to our already over-stressed budget; but I think we could have cut some spending on court and prison costs had we passed Proposition 5.
USA Patriot Act
Does the USA Patriot Act infringe on civil liberties? I think it does. Last month, “two whistle-blowers—former National Security Agency (NSA) military intercept operators—the people who actually listen in on phone calls—revealed that hundreds of innocent Americans, including soldiers and humanitarian workers for the Red Cross and Doctors Without Borders, were routinely and intentionally eavesdropped on” (Romero, 2008). I watched this story on the news, Rachel Maddow interviewed the two agents, and I was appalled. I always knew it would come to this; it was only a matter of time before we heard about it. The Bush Administration has played on American’s fears of terrorism to pass a law that gives the government unlimited power of surveillance.
America needs to be protected against terrorist attacks, but “War” is not a good enough reason to jeopardize citizens’ constitutional rights. The power given to the government in the Patriot Act is too much of a temptation for weak-minded, insecure individuals who will most likely abuse the power given to them. The Department of Homeland Security already has a plethora of agencies to use to defend us. The problem is communication between agencies. Local, State, and Federal law enforcement need to work together to protect us. Giving the government more power is not the answer.
Now if the government was utilizing all of their options at that time, 9/11 could have been prevented. The reason 9/11 happened is because there was not enough communication between agencies. The CIA had information, they gave it to the FBI, Clinton was trying to catch Osama Bin Laden but failed, and the President Bush ignored the warnings of attack outlined in his morning Presidential Briefing. The people who could have stopped the attack were not paying attention.
Emergency Preparedness
I believe the U.S. has everything she needs to stay safe. We had the means to prevent the attacks on 9/11; but having the means and being prepared are two different things. There have been a lot of mistakes on the government’s part in the last few years, and a lot of opportunities to make up for those mistakes. The attacks in New York and the Pentagon showed us that we were not prepared to deal with a terrorist attack. Hurricane Katrina showed us that we were not prepared for an emergency. We have the agencies designed to prevent terrorist attacks, and for emergency assistance. I think what both of these events stirred was willingness between agencies to work together to accomplish a common goal: Keep American’s safe.
I think the government lost focus on Osama Bin Laden and Al-Qaeda, and put unnecessary focus on Iraq. This is just my opinion. We had the chance to stop him but did not put enough resources into it. I also believe, however, the government has seen the error, and is doing everything they can to fix it. And every hurricane after Katrina has been watched closely, with Federal emergency aid ready. I think it is hard to prepare for something that you do not know is going to happen. We do not know when or where an emergency will occur; which is why we have to be ready for anything.
The Department of Homeland Security has many different agencies on call, ready and waiting for an emergency situation. We have specialized hazard units ready for biological, chemical, or radiological warfare, WMD, and natural emergencies. Local law enforcement is in contact with federal agencies and act as first response, clean-up assistance, and crowd control. I think we are very well prepared. We haven’t had any major catastrophes since 9/11, so maybe we have learned a few things.
References
DPIC (2008). Deterrence: States without death penalty have had consistently lower
Murder rates. Death Penalty Information Center Website. Retrieved on November27, 2008 from http://www.deathpenaltyinfo.org
MAN (2008). Research on the effects of media violence. Media Awareness Network
Website. Retrieved on November 28, 2008 from
http://www.media-awareness.ca/english/issues/violence/effects_me_violence
Neubauer, D (2001). Debating crime: Rhetoric and reality. Belmont, CA:
Wadsworth/Thomson Learning.
Romero, A. (2008). NSA caught spying on our own innocent civilians and soldiers.
Veterans for Common Sense Website. Retrieved on November 30, 2008 from
http://www.veteransfocommonsense.org/articleid/11405
Again, I was constrained by a word-count with this paper. The teacher wanted exactly one page per subject, even though I could have written a whole paper on each subject. But anyway, I got an "A" on this paper, too, but I feel I could have done better.
The Media, Crime, and Violence
Many people believe that the media are a cause of violence and crime, and others believe that they simply report what they see. In the history of man, there has always been violence. In the Bible Cain killed his own brother, Abel, because he was jealous, and then tried to lie about it. The Bible and other history books are full of the tales of violence that have defined human nature. As long as there has been violence, people want to know about it. The obsession of humans with the macabre could be our survival instincts at work. Being aware of danger can help us to avoid it.
I believe that there is violence regardless if there is a journalist there to cover the story. The media definitely capitalizes on gruesome details; the more shocking the piece is, the more viewers there will be. I do not believe that the media contributes to violence and crime, or is a cause of it. Informational websites, like The Smoking Gun (TSG), report on high profile cases and odd crime stories. Some people may believe that news sites like TSG inspire copycat criminals, but the same information available on TSG is reported in newspapers around the nation. If someone is going to commit a copycat crime then that is what they are going to do, regardless of where they heard the story. According to the Media Awareness Network, scientists revealed in “studies conducted in Australia, Finland, Poland, Israel, Netherlands and the United States” that in order for media violence to cause aggression in children, they must believe that the violent shows “portray life just as it is” (2008).
People should pay more attention to the rise in population in relation to violent crime; and they should also be looking at the discipline skills of the parents who are raising kids that end up violent offenders.
The Media and Anticrime Efforts
I do not believe that the use of the media to deter crime increases society’s fear of crime. The media is not a bona fide solution to crime deterrence, but I do believe that it is helpful in some situations. If anything, I feel that the media’s display of crime deterrence methods enables the people to safeguard themselves. People feel more confident if they have methods to turn to. For example, a woman walking to her car in a dark parking lot late at night might feel more comfortable after watching a news segment on how to prevent an attack, or how to defend herself from an attacker. Another good example of how the media can help deter crime is shows like America’s Most Wanted, and news casts that show video surveillance of crime, mug shots, or police sketches of suspects. This allows the community to get involved and help law enforcement solve cases and find criminals.
America’s Most Wanted is successful because the host, John Walsh has experienced what many families have suffered, the loss of a loved one. Because of that connection to the people, and because of lobbying efforts by John Walsh, many laws have been passed, and many criminals have been brought to justice. People like a happy ending just as much, if not more, than our natural morbid curiosity to see violence in the media. It is true that journalists and reporters can be invasive. If you or someone you love has been the victim of a violent attack, members of the media can seem annoying. There are some instances, however, when the media can be used as a crime fighting tool. Parents of missing children often turn to the media for help in enlisting the aid of the community in finding their child. Consider the constitutional rights for the freedom of the press; and consider the positive side of the media instead of focusing on the negative.
The Exclusionary Rule
The exclusionary rule was designed to uphold the Fourth Amendment, protecting the rights of people against illegal search and seizure. The rule has made it so evidence seized illegally is not admissible in court, and cannot be used against a defendant even if it proves their guilt. The exclusionary rule should be repealed. A person’s rights can still be respected without enforcing the exclusionary rule, by redefining, and adhering to “probable cause”. Illegally obtained evidence should be allowed in a trial if the evidence clearly proves a suspect’s guilt. As an alternative to the exclusionary rule, statutes should be enforced upon unruly law enforcement officers who knowingly violate a person’s rights, as described in the Fourth Amendment.
There may not be a very large percentage of criminals who are set free because of the exclusionary rule, “less than one out of 100 police arrests are declined for prosecution”; but even one out of 100 is still one too many (Neubauer, 2001, p. 66). It is true that the court should not overlook any type of illegal activity, including activity by the police; but they should not overlook one for another. Both parties should be prosecuted, police and criminal. The rule designed to protect peoples’ rights has turned into a law protecting the rights of criminals. It is not acceptable for law enforcement to take advantage of their authority and conduct searches without warrants, but the community should not suffer for law enforcement’s mistakes. Individual officers should be reprimanded for illegal activity. Dismissing incriminating evidence as a punishment to police is unjust. If an officer breaks the law, his misdeed does not make a criminal any less guilty. The exclusionary rule allows for a criminal to successfully commit a crime without punishment if evidence used was obtained illegally.
The Death Penalty
Is the death penalty an effective deterrent against crime? This is a tough issue that should be handled case by case. On one hand, I feel if a state is going to enforce the death penalty, then they should really enforce it. The death penalty is not a good deterrent if it is never used. On the other hand, I do not really agree that it is anyone but God’s decision to take a life. The offender needs to be punished, no doubt, but does anyone really deserve to die? That is a tough question for me to answer. Capital Punishment is the ultimate retributive justice; some crimes just seem so heinous that no other punishment seems just. If you take away the death penalty, criminals will have no real fear of severe punishment for serious crimes. Plus, prisons are already overcrowded, and the expenses fall on taxpayers. I still am undecided on whether or not I support the death penalty, but I do think it could be a good deterrent.
As it stands, studies show that states who do not use the death penalty fare better on homicide rates than states that use the death penalty (DPIC, 2008). The problem here is that states that have the death penalty do not use it enough. The deterrence value of life in prison is equal to the death penalty, so why not abolish the death penalty? I suppose I fear that taking away the death penalty might ignite a rise in murder rates.
Whether or not the death penalty is moral, it will only be an effective crime deterrent if it is used more often. Criminals will be more likely to think twice about committing serious crimes if they know that there is a real possibility they will pay their debt to society with their lives. Society should not have to foot the bill to support another criminal in prison for the rest of his days. Get him out of there and help keep prison populations down.
Women in the Criminal Justice System
There are many different issues facing women in the criminal justice system; women who are affected by, or women who participate in the criminal justice system. There are women in the workplace, including law enforcement officials, and politicians. There are minority women, mothers, single women, single mothers, and lesbians. The woman criminal, and the woman victim in relation to domestic violence, sexual harassment, and the rhetoric involved in sexual assault cases. There is still bias against women in the workplace, in court, in prisons, and against women in general. Women have come a long way in history, only recently allowed to have jobs that were previously only for males. Despite all the legislation passed since the 1970’s, Glass Ceilings are still prevalent, along with lower wages. “95 percent of female court employees were in the lowest seven pay grades and none were in the top seven” a survey from Rhode Island found (Neubauer, 2001, p. 150).
In this age of record divorce rates, and gay marriage, America is forced to look at raising children differently than it has before. Some people still think a woman’s place is at home with the kids, and not in the office. America is changing, though, and so are the parental and working roles in American households. Minority women have twice the hardships of a minority male, or of a white female. I think it is hard for conservative types to get used to the idea that some women do not want to get married, or who wants to have children and no husband; and that they are entitled to do so. In the same respect, the idea that a child can have two mothers and still have a normal life still upsets many people, especially religious groups. The end result is hate, discrimination, and inequality. Justice is hard to come by for women.
Parole Abolishment
Humans can change, even criminals, if they are exposed to the appropriate treatment. They are not going to learn anything if they are stuck in prison. More funding should go into education, and rehabilitation programs, than into maintaining overcrowded prisons, or building more prisons. Educating children with better values and morals will put a stop to the incline of people in prison. Legislators would need to raise already high tax levels to accommodate the growing prison population; but, that money should be going to better the community, not bettering the prison system. Taxes are not going to go away, so we might as well do something positive with the money.
While it is true that inmates who are released on parole before their sentence is complete may continue a life of crime, the percentage is low. Rehabilitation programs do not profess perfection, but they do make a difference. The difference is made, in work furlough programs, when community correctional officers enforce punishment by sending unruly prisoners back to prison, instead of looking the other way. People who can be rehabilitated need the community’s support in helping them adjust to life on the outside. “Offenders often have few marketable skills and training and, as a result, have a difficult time securing legitimate employment. With no legitimate income, many resort to crime” (Neubauer, 2001).
I am so disappointed in California because we had an opportunity this election to put funds towards better rehabilitation and parole efforts, but the voters did not pass the bill. Bureaucratic mumbo-jumbo confused the voters and everyone piled on billions of more dollars to our already over-stressed budget; but I think we could have cut some spending on court and prison costs had we passed Proposition 5.
USA Patriot Act
Does the USA Patriot Act infringe on civil liberties? I think it does. Last month, “two whistle-blowers—former National Security Agency (NSA) military intercept operators—the people who actually listen in on phone calls—revealed that hundreds of innocent Americans, including soldiers and humanitarian workers for the Red Cross and Doctors Without Borders, were routinely and intentionally eavesdropped on” (Romero, 2008). I watched this story on the news, Rachel Maddow interviewed the two agents, and I was appalled. I always knew it would come to this; it was only a matter of time before we heard about it. The Bush Administration has played on American’s fears of terrorism to pass a law that gives the government unlimited power of surveillance.
America needs to be protected against terrorist attacks, but “War” is not a good enough reason to jeopardize citizens’ constitutional rights. The power given to the government in the Patriot Act is too much of a temptation for weak-minded, insecure individuals who will most likely abuse the power given to them. The Department of Homeland Security already has a plethora of agencies to use to defend us. The problem is communication between agencies. Local, State, and Federal law enforcement need to work together to protect us. Giving the government more power is not the answer.
Now if the government was utilizing all of their options at that time, 9/11 could have been prevented. The reason 9/11 happened is because there was not enough communication between agencies. The CIA had information, they gave it to the FBI, Clinton was trying to catch Osama Bin Laden but failed, and the President Bush ignored the warnings of attack outlined in his morning Presidential Briefing. The people who could have stopped the attack were not paying attention.
Emergency Preparedness
I believe the U.S. has everything she needs to stay safe. We had the means to prevent the attacks on 9/11; but having the means and being prepared are two different things. There have been a lot of mistakes on the government’s part in the last few years, and a lot of opportunities to make up for those mistakes. The attacks in New York and the Pentagon showed us that we were not prepared to deal with a terrorist attack. Hurricane Katrina showed us that we were not prepared for an emergency. We have the agencies designed to prevent terrorist attacks, and for emergency assistance. I think what both of these events stirred was willingness between agencies to work together to accomplish a common goal: Keep American’s safe.
I think the government lost focus on Osama Bin Laden and Al-Qaeda, and put unnecessary focus on Iraq. This is just my opinion. We had the chance to stop him but did not put enough resources into it. I also believe, however, the government has seen the error, and is doing everything they can to fix it. And every hurricane after Katrina has been watched closely, with Federal emergency aid ready. I think it is hard to prepare for something that you do not know is going to happen. We do not know when or where an emergency will occur; which is why we have to be ready for anything.
The Department of Homeland Security has many different agencies on call, ready and waiting for an emergency situation. We have specialized hazard units ready for biological, chemical, or radiological warfare, WMD, and natural emergencies. Local law enforcement is in contact with federal agencies and act as first response, clean-up assistance, and crowd control. I think we are very well prepared. We haven’t had any major catastrophes since 9/11, so maybe we have learned a few things.
References
DPIC (2008). Deterrence: States without death penalty have had consistently lower
Murder rates. Death Penalty Information Center Website. Retrieved on November27, 2008 from http://www.deathpenaltyinfo.org
MAN (2008). Research on the effects of media violence. Media Awareness Network
Website. Retrieved on November 28, 2008 from
http://www.media-awareness.ca/english/issues/violence/effects_me_violence
Neubauer, D (2001). Debating crime: Rhetoric and reality. Belmont, CA:
Wadsworth/Thomson Learning.
Romero, A. (2008). NSA caught spying on our own innocent civilians and soldiers.
Veterans for Common Sense Website. Retrieved on November 30, 2008 from
http://www.veteransfocommonsense.org/articleid/11405
Blahism: Personal Code of Ethics
Foreword
I am not so proud of this assignment, I would have liked to write a lot more about my personal ethics. I got an "A" on the paper, but I think I could have done better if I had been allowed to write a longer paper. Also, this teacher really liked headlines; I don't usually use headlines, but it does kind of make for an easier read. And it does look a lot prettier in Word. Let me know what you think about it...
My Personal Ethical System
I genuinely care about people, and my actions are often based on the ethics of care. I am a good person, virtuous, and generous by nature. I am an individual, with my own agenda that sometimes has to come before others. I have faith in God, and I strive to live my life in a way that pleases Him. There are many sides to me, and many reasons why I do what I do in different situations. My ethics cannot be definitively classified solely as deontological or teleological because I am very well balanced between the two major ethical systems. Eventually, I would like to be a licensed psychologist, and have my own private practice. To start, I want to get involved with the corrections department; hopefully I could get a job as a correctional treatment specialist. I have been through trials and tribulations, and I have come through it all on top. I know that I have what it takes to really help people. My experiences have shaped my morals and values, and my strong ethics will help prepare me for my future in psychology.
I have learned a lot of new skills while pursuing my education, but I feel that I will learn the most valuable skills on the job. As a correctional treatment specialist, I will be working closely with offenders who are on probation, and help them work out individual treatment plans to rehabilitate them, and prevent them from repeating criminal behavior. Using basic psychological tests to evaluate clients will enable me to create the best individual treatment plans; which will also help to prepare me for my career in psychology (BLS, 2008). Teaching offender’s important life skills and helping them “with coping, anger management, and drug and sexual abuse counseling” will take a lot of patience (BLS, 2008). It is difficult to unlearn learned behavior, and so I must maintain an understanding of what each client is going through.
I do not really want to work inside the prisons; I would definitely feel more comfortable in an office environment. Of course, like with probation officers, I may need to see clients at their home or work. I would most prefer to work with children because I feel that they are the most misunderstood, and they have a real chance of healing and changing. Adults are set in their ways, and are difficult to rehabilitate, but I will not turn people away if they are asking for my help. I know I want to help people, to make a difference in people’s lives; I want to give them a reason to dream, and give them something to hope for. I rely heavily on my ethical standards, they help me to make good decisions, and they make me a better person. I know I will face challenges in my career, no matter where I start, or where I end up. I know I have a chosen a field that is difficult for weak, impatient, ethically challenged people.
Professional Ethics
Professional ethical standards are pretty basic on the grand scale. Be courteous, do unto others as you would have them do unto you, and maintain honesty and integrity. Some unique ethical standards apply to law enforcement, and even more unique standards to a correctional treatment specialist. I would not be bound to the law enforcement sub-culture of ethics because I would not technically be an officer, and so I would not be bound by the officer loyalty code. It would be looked down upon, however, if I were to testify, or go up against a police officer, or a probation officer, or anyone else in the court system. I am after all, part of the law enforcement family, dealing in corrections. Of course, like a defense attorney is responsible for upholding the constitutional rights of his/her client, I am responsible for making sure my client is getting the treatment they need. I need to be able to help people deal with the damage that has been done from past trauma, and also from being abused by law enforcement, if applicable. Helping offenders adjust to life outside of prison, and still maintaining a respect for law enforcement will be a challenging feat. I will need to balance upholding and healing my clients’ psyche; and also respect, and work well with, other members of law enforcement.
Personal and Professional Code
There is always going to be corruption in law enforcement, and citizens are aware of this corruption. They hear about police brutality, and lying by the police to make their cases stronger. It is no secret that there are officers that have been busted for drugs, rape, larceny, murder, attempted murder, etc. These stories are so common that it is difficult for some people, especially minorities, to believe that the police are on their side. The code of ethics for the law enforcement subculture protects corrupt police officers because an officer would rather lie, or pretend not to notice or hear things, rather than turn against other officers. If one honest officer were to report, or testify against a corrupted coworker, that officer may end up being considered a rat and ostracized from the group. I would rather take the punishment than lie, personally, but I can see how other people might make a different choice. To me, it is not worth it to lie; if I have to lie about it, then I should not be involved in it. Just like a probation officer I must “strive to be objective” and “respect the inalienable rights” of offenders (Pollock, 2004). In that line, my personal and professional codes of ethics merge.
People trust in law enforcement when their complaints are heard and taken seriously; when disorderly officers are punished for unacceptable behavior; when women driving the highway at night are not afraid to pull over for the police. Actions speak louder than words. When the police are more open with the community, the community will reciprocate and put more trust into the police. A lot of citizens feel they cannot trust the police. They are more afraid of the police than they are of criminals, and therefore will often not report a crime, or give information about a crime when questioned. I want my clients to trust me. Professionally, I am able to take constructive criticism, and I can make changes so that I do a better job. I appreciate when people tell me I am not doing something correctly, so that I can fix the problem. My clients will never have to be afraid to tell me things. On the other hand, my clients will also understand that I do not condone illegal activities, and I will report them if I have to.
Resolving Dilemmas
Some potential ethical dilemmas I may face in my career include getting too close to a client, or being biased against certain clients. I like to give people the benefit of the doubt, and will usually trust someone until they give me a reason not to. If I were to get close to a client I might be tempted to overlook warning signs that he/she may be headed for danger. I would want to believe that they had learned their lessons, and would not go back to their old ways. This is dangerous because not only would I put the client at risk, but also the client’s family, friends, and the community. With drug offenders I have to be aware of the chance that they can relapse, regardless if I am counseling them or not; and people do dangerous things to get, or under the influence of, drugs. Also, for violent offenders, anything could trigger their temper, and if someone was just going through counseling because it was court ordered, then the willpower is not usually there to bring on real change. I cannot help someone who does not want to change. I have to balance caring for my clients, and keeping my professional distance by being aware of dangerous situations.
Another ethical dilemma I could face is being biased against one client or the other. I imagine that, for me, sometimes it might be difficult to be empathetic towards an offender, like a drug-dealing gang member who went to prison for accidentally shooting two toddlers during a drive-by shooting. I have to be careful to remember the purpose of my job, to help these people get the treatment they need to be more effective members of society. I need to give everyone the same chance to heal, the same chance to do better, to learn, and to change. Something else to keep in mind, as well, is that children are more fragile, vulnerable, and impressionable than adults are. So it is important for me to always remember that when I am working with kids. It is not fair to put so many demands and expectations on a child; I will need to work at a pace that the child can handle. If I am not careful, I could overload a child to the point where they could be in a more serious mental state than when they came to me. Speaking from experience, just because someone has the credentials does not make them a good counselor.
Conclusion
My personal code of ethics matches very well with the ethical standards required for the career I am interested in. As a correctional treatment specialist I am equipped to develop individual treatment plans for offenders. I am empathetic and understanding, patient and caring. I am callused with experience, and there is not a whole lot that surprises me so I can handle dealing with criminals. There may be times when I am disgusted by the actions of one of my clients, but that will not stand in the way of doing my job. My code of ethics is strong, and I am not afraid to report illegal or dangerous behavior to an offender’s parole officer or to a judge. As a future psychologist, I am well prepared by my own life experiences which I am backing up with a good education. I believe that my personality and characteristics will take me very far professionally; I know I will be successful.
Ethical formalism frames my caring nature, and my deontological religious values guide my decisions. My ethics of virtue hold strong and I do good things because I am a good person. My teleological virtues help keep my ego in check. I am selfish in such a way as everyone else is; I make decisions in my best interest, and am ultimately looking out for myself in most situations. My deontological ethical system balances out my teleological ethics, and vice versa. I have worked hard to be who I am, and I am always looking to better myself. My caring nature makes me easy to get along with, but I am not a pushover and I will stand up for what is right. This personal code of ethics will help me to excel professionally, and to remain intact emotionally and mentally in my personal life as well.
References
Bureau of Labor Statistics (2008). Occupational outlook handbook, 2008-2009 edition,
Probation officers and correctional treatment specialists. Department of Labor.
Retrieved on November 23, 2008 from Website:
http://www.bls.gov/oco/ocos265.htm
Pollock, J.M. (2004). Ethics in crime and justice: Dilemmas and decisions (4th ed).
Belmont, CA: Thomson/Wadsworth.
I am not so proud of this assignment, I would have liked to write a lot more about my personal ethics. I got an "A" on the paper, but I think I could have done better if I had been allowed to write a longer paper. Also, this teacher really liked headlines; I don't usually use headlines, but it does kind of make for an easier read. And it does look a lot prettier in Word. Let me know what you think about it...
My Personal Ethical System
I genuinely care about people, and my actions are often based on the ethics of care. I am a good person, virtuous, and generous by nature. I am an individual, with my own agenda that sometimes has to come before others. I have faith in God, and I strive to live my life in a way that pleases Him. There are many sides to me, and many reasons why I do what I do in different situations. My ethics cannot be definitively classified solely as deontological or teleological because I am very well balanced between the two major ethical systems. Eventually, I would like to be a licensed psychologist, and have my own private practice. To start, I want to get involved with the corrections department; hopefully I could get a job as a correctional treatment specialist. I have been through trials and tribulations, and I have come through it all on top. I know that I have what it takes to really help people. My experiences have shaped my morals and values, and my strong ethics will help prepare me for my future in psychology.
I have learned a lot of new skills while pursuing my education, but I feel that I will learn the most valuable skills on the job. As a correctional treatment specialist, I will be working closely with offenders who are on probation, and help them work out individual treatment plans to rehabilitate them, and prevent them from repeating criminal behavior. Using basic psychological tests to evaluate clients will enable me to create the best individual treatment plans; which will also help to prepare me for my career in psychology (BLS, 2008). Teaching offender’s important life skills and helping them “with coping, anger management, and drug and sexual abuse counseling” will take a lot of patience (BLS, 2008). It is difficult to unlearn learned behavior, and so I must maintain an understanding of what each client is going through.
I do not really want to work inside the prisons; I would definitely feel more comfortable in an office environment. Of course, like with probation officers, I may need to see clients at their home or work. I would most prefer to work with children because I feel that they are the most misunderstood, and they have a real chance of healing and changing. Adults are set in their ways, and are difficult to rehabilitate, but I will not turn people away if they are asking for my help. I know I want to help people, to make a difference in people’s lives; I want to give them a reason to dream, and give them something to hope for. I rely heavily on my ethical standards, they help me to make good decisions, and they make me a better person. I know I will face challenges in my career, no matter where I start, or where I end up. I know I have a chosen a field that is difficult for weak, impatient, ethically challenged people.
Professional Ethics
Professional ethical standards are pretty basic on the grand scale. Be courteous, do unto others as you would have them do unto you, and maintain honesty and integrity. Some unique ethical standards apply to law enforcement, and even more unique standards to a correctional treatment specialist. I would not be bound to the law enforcement sub-culture of ethics because I would not technically be an officer, and so I would not be bound by the officer loyalty code. It would be looked down upon, however, if I were to testify, or go up against a police officer, or a probation officer, or anyone else in the court system. I am after all, part of the law enforcement family, dealing in corrections. Of course, like a defense attorney is responsible for upholding the constitutional rights of his/her client, I am responsible for making sure my client is getting the treatment they need. I need to be able to help people deal with the damage that has been done from past trauma, and also from being abused by law enforcement, if applicable. Helping offenders adjust to life outside of prison, and still maintaining a respect for law enforcement will be a challenging feat. I will need to balance upholding and healing my clients’ psyche; and also respect, and work well with, other members of law enforcement.
Personal and Professional Code
There is always going to be corruption in law enforcement, and citizens are aware of this corruption. They hear about police brutality, and lying by the police to make their cases stronger. It is no secret that there are officers that have been busted for drugs, rape, larceny, murder, attempted murder, etc. These stories are so common that it is difficult for some people, especially minorities, to believe that the police are on their side. The code of ethics for the law enforcement subculture protects corrupt police officers because an officer would rather lie, or pretend not to notice or hear things, rather than turn against other officers. If one honest officer were to report, or testify against a corrupted coworker, that officer may end up being considered a rat and ostracized from the group. I would rather take the punishment than lie, personally, but I can see how other people might make a different choice. To me, it is not worth it to lie; if I have to lie about it, then I should not be involved in it. Just like a probation officer I must “strive to be objective” and “respect the inalienable rights” of offenders (Pollock, 2004). In that line, my personal and professional codes of ethics merge.
People trust in law enforcement when their complaints are heard and taken seriously; when disorderly officers are punished for unacceptable behavior; when women driving the highway at night are not afraid to pull over for the police. Actions speak louder than words. When the police are more open with the community, the community will reciprocate and put more trust into the police. A lot of citizens feel they cannot trust the police. They are more afraid of the police than they are of criminals, and therefore will often not report a crime, or give information about a crime when questioned. I want my clients to trust me. Professionally, I am able to take constructive criticism, and I can make changes so that I do a better job. I appreciate when people tell me I am not doing something correctly, so that I can fix the problem. My clients will never have to be afraid to tell me things. On the other hand, my clients will also understand that I do not condone illegal activities, and I will report them if I have to.
Resolving Dilemmas
Some potential ethical dilemmas I may face in my career include getting too close to a client, or being biased against certain clients. I like to give people the benefit of the doubt, and will usually trust someone until they give me a reason not to. If I were to get close to a client I might be tempted to overlook warning signs that he/she may be headed for danger. I would want to believe that they had learned their lessons, and would not go back to their old ways. This is dangerous because not only would I put the client at risk, but also the client’s family, friends, and the community. With drug offenders I have to be aware of the chance that they can relapse, regardless if I am counseling them or not; and people do dangerous things to get, or under the influence of, drugs. Also, for violent offenders, anything could trigger their temper, and if someone was just going through counseling because it was court ordered, then the willpower is not usually there to bring on real change. I cannot help someone who does not want to change. I have to balance caring for my clients, and keeping my professional distance by being aware of dangerous situations.
Another ethical dilemma I could face is being biased against one client or the other. I imagine that, for me, sometimes it might be difficult to be empathetic towards an offender, like a drug-dealing gang member who went to prison for accidentally shooting two toddlers during a drive-by shooting. I have to be careful to remember the purpose of my job, to help these people get the treatment they need to be more effective members of society. I need to give everyone the same chance to heal, the same chance to do better, to learn, and to change. Something else to keep in mind, as well, is that children are more fragile, vulnerable, and impressionable than adults are. So it is important for me to always remember that when I am working with kids. It is not fair to put so many demands and expectations on a child; I will need to work at a pace that the child can handle. If I am not careful, I could overload a child to the point where they could be in a more serious mental state than when they came to me. Speaking from experience, just because someone has the credentials does not make them a good counselor.
Conclusion
My personal code of ethics matches very well with the ethical standards required for the career I am interested in. As a correctional treatment specialist I am equipped to develop individual treatment plans for offenders. I am empathetic and understanding, patient and caring. I am callused with experience, and there is not a whole lot that surprises me so I can handle dealing with criminals. There may be times when I am disgusted by the actions of one of my clients, but that will not stand in the way of doing my job. My code of ethics is strong, and I am not afraid to report illegal or dangerous behavior to an offender’s parole officer or to a judge. As a future psychologist, I am well prepared by my own life experiences which I am backing up with a good education. I believe that my personality and characteristics will take me very far professionally; I know I will be successful.
Ethical formalism frames my caring nature, and my deontological religious values guide my decisions. My ethics of virtue hold strong and I do good things because I am a good person. My teleological virtues help keep my ego in check. I am selfish in such a way as everyone else is; I make decisions in my best interest, and am ultimately looking out for myself in most situations. My deontological ethical system balances out my teleological ethics, and vice versa. I have worked hard to be who I am, and I am always looking to better myself. My caring nature makes me easy to get along with, but I am not a pushover and I will stand up for what is right. This personal code of ethics will help me to excel professionally, and to remain intact emotionally and mentally in my personal life as well.
References
Bureau of Labor Statistics (2008). Occupational outlook handbook, 2008-2009 edition,
Probation officers and correctional treatment specialists. Department of Labor.
Retrieved on November 23, 2008 from Website:
http://www.bls.gov/oco/ocos265.htm
Pollock, J.M. (2004). Ethics in crime and justice: Dilemmas and decisions (4th ed).
Belmont, CA: Thomson/Wadsworth.
R.I.P. Bettie Page
The legendary and 'notorious' Bettie Page has passed away.
The iconic pinup died at a Los Angeles hospital, where she had been on life support since she had a heart attack on December 2nd, according to her agent, Mark Roesler.
She was 85 years old.
Sadness.
Reference:
perezhilton.com
Wednesday, December 10, 2008
God is Awesome
This is too much of a coincidence to be a coincidence! The similarities are amazing. How intelligently designed.
Friday, December 5, 2008
To Protect and Serve
The story
A pregnant woman and her husband are rushing to the hospital in the breakdown lane of a Massachusetts highway.
The story comes from the Boston Globe. Yes, the couple is going fast. Yes, they're in the breakdown lane. But the woman is in labor, there's a big traffic jam, and they're in a considerable hurry for fairly obvious reasons.
So they pull up behind a state trooper to ask for his help in getting to the hospital. Do they get his help? They do not. They get a ticket instead, for $100, and have to wait while the cop finishes the ticket he was already writing for someone else.
And after this woman in labor and her husband have been made to cool their heels and have been slapped with a $100 dollar ticket -- after all that -- the trooper tops it off by asking Jennifer Davis, the woman in question, to prove she was pregnant.
According to Jennifer Davis, the trooper said, "what's under your jacket?" She said, "my belly." To which the trooper responded, "okay, let's see it." She was wearing a jacket, it seems, and so perhaps this intrepid law enforcer thought she and her husband were stealing a very large beach ball or something.
Click on the title above for full article from CNN
A pregnant woman and her husband are rushing to the hospital in the breakdown lane of a Massachusetts highway.
The story comes from the Boston Globe. Yes, the couple is going fast. Yes, they're in the breakdown lane. But the woman is in labor, there's a big traffic jam, and they're in a considerable hurry for fairly obvious reasons.
So they pull up behind a state trooper to ask for his help in getting to the hospital. Do they get his help? They do not. They get a ticket instead, for $100, and have to wait while the cop finishes the ticket he was already writing for someone else.
And after this woman in labor and her husband have been made to cool their heels and have been slapped with a $100 dollar ticket -- after all that -- the trooper tops it off by asking Jennifer Davis, the woman in question, to prove she was pregnant.
According to Jennifer Davis, the trooper said, "what's under your jacket?" She said, "my belly." To which the trooper responded, "okay, let's see it." She was wearing a jacket, it seems, and so perhaps this intrepid law enforcer thought she and her husband were stealing a very large beach ball or something.
Click on the title above for full article from CNN
Thursday, December 4, 2008
Update: Blahism
So I just finished two more classes! I got an A in Ethics and the Administration of Justice, and a B in Contemporary Issues in Criminal Justice. Yay me, toot toot (that was my horn).
I am taking a break, and then starting two new classes on December 15. Criminal Procedures, and Human Resource Management.
I'll post the two papers, but they're pretty much a little summary of all the Blahisms I have already posted.
I have noticed that in college courses, they put a word count on everything. I must say it is very hard to articulate what I want to say, and write an "A" paper to my standards, when I am limited by a word count. My college papers, and essay questions are so vague compared to what I really want to say about the material.
My writing, my creativity, is stifled by a damn word count. So I wanted to explain, before I posted them, that these essays are low in quality compared to what I could have, and would have rather, written about them.
Ciao for now.
I am taking a break, and then starting two new classes on December 15. Criminal Procedures, and Human Resource Management.
I'll post the two papers, but they're pretty much a little summary of all the Blahisms I have already posted.
I have noticed that in college courses, they put a word count on everything. I must say it is very hard to articulate what I want to say, and write an "A" paper to my standards, when I am limited by a word count. My college papers, and essay questions are so vague compared to what I really want to say about the material.
My writing, my creativity, is stifled by a damn word count. So I wanted to explain, before I posted them, that these essays are low in quality compared to what I could have, and would have rather, written about them.
Ciao for now.
Ha Ha Ha!
Man allegedly assaults girlfriend with burger
VERO BEACH, Fla. – A Vero Beach man faces a domestic violence charge after authorities said he assaulted his girlfriend with a cheeseburger. An Indian River County Sheriff's Office arrest report said a 22-year-old man and his girlfriend got into an argument as they sat in a car in front of their home.
The report said the man would not let the woman out of the vehicle, so she threw his drink out of the car. In response, the man allegedly grabbed her arm and smashed the cheeseburger into her face. The pair got out of the car, and authorities say the man again took the McDonald's sandwich and put it on her face.
The man was released on $1,000 bond Wednesday.
___
Information from: Press-Journal, http://www.tcpalm.com/vero
VERO BEACH, Fla. – A Vero Beach man faces a domestic violence charge after authorities said he assaulted his girlfriend with a cheeseburger. An Indian River County Sheriff's Office arrest report said a 22-year-old man and his girlfriend got into an argument as they sat in a car in front of their home.
The report said the man would not let the woman out of the vehicle, so she threw his drink out of the car. In response, the man allegedly grabbed her arm and smashed the cheeseburger into her face. The pair got out of the car, and authorities say the man again took the McDonald's sandwich and put it on her face.
The man was released on $1,000 bond Wednesday.
___
Information from: Press-Journal, http://www.tcpalm.com/vero
Wednesday, December 3, 2008
Tuesday, December 2, 2008
God Told Me To
Man says God ordered him to ram vehicle at 100 mph
Mon Dec 1, 8:13 pm ET
SAN ANTONIO – A man who rammed his truck into a woman's vehicle on a highway early Friday told authorities he crashed into her while going more than 100 mph because God told him "she needed to be taken off the road."
The truck rear-ended the car on U.S. Highway 281, both vehicles spun across a median then came to a stop along a barrier in the opposite lanes. Both drivers suffered only minor injuries.
"He just said God said she wasn't driving right, and she needed to be taken off the road," Bexar County Sheriff's Office spokesman Kyle Coleman said in the online edition of the San Antonio Express-News. "God must have been with them, 'cause any other time, the severity of this crash, it would have been a fatal."
The pickup driver did not tell police how the woman was driving. Police could not find alcohol or drugs in either driver.
A psychiatric evaluation has been ordered for a man.
Mon Dec 1, 8:13 pm ET
SAN ANTONIO – A man who rammed his truck into a woman's vehicle on a highway early Friday told authorities he crashed into her while going more than 100 mph because God told him "she needed to be taken off the road."
The truck rear-ended the car on U.S. Highway 281, both vehicles spun across a median then came to a stop along a barrier in the opposite lanes. Both drivers suffered only minor injuries.
"He just said God said she wasn't driving right, and she needed to be taken off the road," Bexar County Sheriff's Office spokesman Kyle Coleman said in the online edition of the San Antonio Express-News. "God must have been with them, 'cause any other time, the severity of this crash, it would have been a fatal."
The pickup driver did not tell police how the woman was driving. Police could not find alcohol or drugs in either driver.
A psychiatric evaluation has been ordered for a man.
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