Thursday, February 25, 2016

Proactive Policing 2


Proactive Policing Effects of Policing



Ron Young






Proactive Policing Effects of Policing


The effects of Police on crime has changed the way Police perceive their job. Proactive policing has become the wave of the future. Police have a grave effect on crime they prevent crime by working proactively to stop crime before it happens. In many cases Police use tactical training to prevent problems during arrests. Most criminals respect Police when they are around. Having the Police present is a very important fact of preventing crime. Signs that designate what is going on in different areas, such as no smoking zones and no loitering signs keep people on their feet. Reading signs is a way of life for the inner city civilians Gazlay, 1999. Signs such as no turn on red and reduce speed ahead warn people of what danger lark in the area they live in. Neighborhood watch signs help with neighborhoods that have high crime rates in an easy manner thus making criminals think before they commit robbery or theft.

Police being present in an area doing proactive patrolling can and will reduce crime rates making areas safer to live in. According to Jackson, A. L., & Wade, J. E., Police perceptions of social capital and sense of responsibility: An explanation of proactive policing,” Crank (1998), in his examination of police culture, suggested that the examination of Police sense of responsibility towards the community may be important in understanding police behavior” (2005) , 28(1), 49-68. The behavior that is associated with providing services to the community is a sense of protection and security. This feeling of protecting the innocent tends from those who wish to provide a safe environment for their family and friends. In hind sight, “This assertion suggests that police sense of responsibility may serve as an influential variable in explaining why police may demonstrate higher levels of Proactive policing in communities with low social capital in comparison to those with high social capital”, Jackson & Wade,  2005. Proactive Policing not only perpetuates and exacerbates the social differences between the Police and their community, but it also increases the likelihood that an officer could abuse his or her authority within the community (Hemmens and Levin, 2000), Jackson & Wade, 2005.

According to Verfaillie & Tom, Proactive policing and the assessment of organized crime. Policing,Anticipating or preparing for possible directions in organized crime is then no longer about calculating probabilities”, (2008), 31(4), 534-552. Looking at data that explains which neighborhoods need more or less attention is of value to proactive policing. Using information from various electronic systems help the Police figure how many resources are needed to be proactive in policing areas. According to Verfaillie & Tom, Proactive policing and the assessment of organized crime ,“when it comes to social processes, predictions and forecasting techniques are less self-evident”, This means that the predictions of crime are not as accelerated as one would think but work on a scheduled bases (2008), 31(4), 534-552. Predictions and forecasting methods using multivariate data, such as linear regression against time and econometric methods, are predicated on the ability to demonstrate causal relationships between identified variables Verfaillie & Tom, 2008. There would be more Police Officers needed to patrol a city block then a rural neighborhood simply because the city has more people per square footage than a rural neighborhood. In many cases location is an important factor of proactive policing. The location can mean the difference between a quick and speedy response and a poor unruly response for Police. For example, Smith (1986) argued that police often use their power to arrest even more often in communities that have an established lower social capital and on citizens with a lower socioeconomic status then higher social establishment and  higher socioeconomic status Jackson & Wade,  2005. According to Jackson, A. L., & Wade, J. E. Police perceptions of social capital and sense of responsibility: An explanation of proactive policing,” when police implement proactive policing tactics, the recipients of their proactive tactics are often low-income minorities, citizens who for the most part are politically ineffective at instituting change among police at either the organizational or community level”, 2005.

Proactive policing is most effective when it is monitored by systems and calculated. Computers can predict the waves in crime but not the way the neighborhoods and regions feel about the security and protection they receive from the Police Officers. In many cases  regional offices and local check points are needed to take anonymous reports from concerned citizens. Being proactive rather than reactive is important in policing areas\ that have large numbers of civilians located in them. Since 911 many citizens feel as though the Police do not show themselves enough this not being present physically may call for police to ride bikes and walk their beats instead of driving though in police cruisers. Being more personal is a better way to deal with getting respect from the locals than not being personal. Seeing a face to match a name can help citizens realize that they are being protected and are in the process of having matters taken care of. 

Scientist who have tried to explain proactive policing through the analysis of Police Officer and citizens attitudes but the results have been inconsistent in their findings and have maintained that the relational value between the two variables is relatively unsatisfactory Jackson & Wade, 2005. According to Jackson, A. L., & Wade, J. E. Police perceptions of social capital and sense of responsibility: An explanation of proactive policing, explanations for  more responsive policing support the hypothesis that police who indicate a more negative perception of community social capital are more likely to indicate a higher sense of responsibility towards the community”, 2005. A sense of security seems to drive Police officers who do proactive policing in high crime areas that need constant attention. Police Officers that want areas to do well make a difference in city neighborhoods because of their dedication towards programs that help the community. Community programs are important to help identify representatives that enforce rules to be followed while living in any specific area. Researchers have found because the future is portrayed as inevitable it is very hard to have the knowledge of knowing what is going to happen tomorrow today, you cannot predict what people will do tomorrow. By forecasting the actions of the public today using new systems that analyze criminal actions that have taken place before, these analytical systems may help Police prevent crimes that could happen in the future.












References

Gazlay, P. (1999). Community oriented policing is not just for specialists. Police, 23(10), 32-34+. Retrieved from http://search.proquest.com/docview/198819962?accountid=34544

 Jackson, A. L., & Wade, J. E. (2005). Police perceptions of social capital and sense of responsibility: An explanation of proactive policing. Policing, 28(1), 49-68. Retrieved from http://search.proquest.com/docview/211226003?accountid=34544

Verfaillie, K., & Tom, V. B. (2008). Proactive policing and the assessment of organised crime. Policing, 31(4), 534-552. doi:http://dx.doi.org/10.1108/13639510810910553




Issues in Criminology 1



Legal Issues in Criminology




Ron D. Young



December 15, 2014

Abstract

This paper is about legal problems that happen to police officers while working in different situations. This paper provides an explanation of the situation control by police officers. It explains how police officers deal with minorities who commit crimes while examining the liability problems that occur during the systematic process of arresting suspects. Racism plays a large role in police officers profiling possible suspects for arrest (International Associates of Crime Analysis, IACA, 2014). Police profile people by their race creed, color, behavior of social value is looked upon as wealth, culture, prestige, status, morality, ethic, religion, ethnicity, race, ideology, human rights and furthermore, (International Associates of Crime Analysis, IACA, 2014).  Legal issues are caused by police who do not follow proper procedures such as arrests out of jurisdiction, illegal use of force, profiling in a racist way, letting K9 become violent these issue cause police departments to spend on court cases of liability rather than buying new equipment to help keep liabilities away, (Rapping, 2014).  Becoming efficient is way of the Police department to keep unauthorized police procedures from happening.

Psychological reviews need to conducted, to review the social complexities that police officers face at home and in the line of duty, (Robbins & Judge, 2013), p187. These reviews should reflect the intent of police officers to perform their duties. Reasoning of arrests is another part of policing that tells you if the police officer is initially performing their work duties properly. Racism is a factor that plays a large role in making arrests making reports helps the police department management practice practical arrest procedures by making proper stops for the correct reasons, (Meye et al, 2014), p37-54. 


Legal Issues in Criminology


The beginning of social constructionist is critique to challenge the veracity of the legal definition of what crime is, (Henry, 2009). Crime is defined as an omission of a violation that breaks laws during an intentional act, (Henry, 2009). Justification of a criminal act is needed to determine if the act committed is a felony or misdemeanor crime, (Henry, 2009). Evidence and witnesses are necessary to prove that a criminal act has occurred. Investigation proves that methods used to commit the criminal act are illegal and then go against laws provided by the government, state, county, or city. These criminal acts are defined as homicides, white collard crimes, and blue collared crimes. The investigators, police, and security have specific rules they have to follow in order to prove that a person has violated the law and that they have committed a criminal act, (Henry, 2009). Different criminal acts include a strategic approach of legal actions that are taken by the officials that arrest criminals. The constitution protects human rights that  include the 5th and 8th amendments that protect personal property and civil rights. The factors that governing officials have to consider are racism against creed, sexuality, age, social living standard, affiliations or a mixture of all, (Henry, 2009). To assume that a particular criminal is component of committing a crime because they fit a category is a very narrow-minded way of viewing a social indifference between the criminal and society, (Henry, 2009). The way a person is dressed or the look of the overall person such as all black have to be clean cut in order not to be criminals considered to a stereo type that may not hold much weight to a jury that stays home all day and wears head covering, pajamas  and slippers during working hours.

Conflict between opposing groups with more or less power involves engagement of conflicting idealism that counters powerful forces can make trouble among the two opposing groups causing opposition within the court room and in the community, (Henry, 2009).

 Criminal actions such as embezzlement, bribery, and extortion can cause arresting officials many problems. Being threatened by groups of power can cause eminent complications that add to the prosecutions distress of holding a fair trial, (Henry, 2009). Behavior of competing interests can construct criminalized behavior threatening the arresting officials legal stance within side the court room because of societies view of wealth, culture, prestige, status, morality, ethic, religion, ethnicity, race, ideology, human rights and further more the overall value of the securities made to prevent such illegal actions. Illicit groups make it known that they are more powerful than the defense during the jury selection process actuating that their status is high enough to make it difficult for the prosecution to provide a jury selection that is legitimate for the case.  Problematic areas of justice can begin from the prospect of what happened during the arrest this includes proper procedures such as reading of rights, making sure the suspect understands the reason of arrest, violation of laws they are going to be charged with, offered a phone call, reasonable force used during the arrest, quick and speedy arraignment, notification of witnesses, and investigation processes can cause the suspect to be released because of improper procedures followed.   

The vast differences of wealth and power associated with class divisions makes groups that acquire power through political or economic manipulation and or exploitation place legal pressure  on the ones without wealth or high social status. According to Henry, S. Social Construction of crime, In J. Miller (Ed.), 21st Century criminology: A reference handbook,crime and deviance are the inevitable consequences of fundamental contradictions within society's economic infrastructure”, this explains corporations that have share holders who manipulate the advance of employment to move their corporation to another state or country if prosecuted, (Henry, 2009). Those that threaten the powerful are considered criminals. In this view of crime, street offenders are more serious criminals than white-collar offenders. Those that commit white-collar crimes are not deemed to be violent offenders where as blue collar criminals are considered to be disruptive to society.

 Theorists who argue about the social construction of crime interpret law based on powerful interests complain about behaviors that cause harm are also criminal acts, (Henry, 2009). Theorists argued that analogous social injury,” should be included as crime, which harms caused by legal acts or conditions, (Henry, 2009). An example is the selling or promoting of alcoholic beverages at a bar, although it is legal, this sales could produce considerable social, health, and psychological problems. If the bartender knew that the person receiving the alcohol was not able to maintain their health such as driving home from a bar drunken, then the bartender would be at fault if illicit drinking and driving were to cause an accident. According to Henry, S. Social Construction of crime, In J. Miller (Ed.), 21st Century criminology: A reference handbook, “Larry Tifft and Dennis Sullivan (2001), argued that the hierarchical structure and social arrangements of society produce harm that evades the legal definition”, this explains that social construct makes for legal adversity, (Henry, 2009). Many theorist such as Tifft and Sullivan believe that people who produce harmful acts should be criminalized, this will restrict criminals from many contemporary legal production and distribution activities, (Henry, 2009). Making the production of harmful chemicals and drugs illegal will also put extended stress on many criminal justice systems, (Henry, 2009).

 Capital punishment is the highest contentious socially impaired policy debated in the United States.  Between 1968 and 1979 there was an average of eight studies conducted each year in criminology, law, and sociology journals, compared to only seven articles during the previous seventeen years makes for large difference in concerns of Criminal Justice and the penal system. In the United States alone deterrence of capital punishment has been an exhaustive issue that exhausts the penal system. The death penalty is imposed on those who commit hyenas crimes that result in incapacitative legal differences rather than using deterrence of psychologically ill persons. The death penalty shows that society has failed to find the psychologically ill and help them toward receiving the proper help. Empirical evidence of opponents of the death penalty such as murder shows that capital punish is blamed on public officials that have no control over the effect of social being of people who rather commit murder than find other means of resolving problematic issues. In most cases of the death penalty being induced by the courts the resolution of the problem that is caused is blamed on those who are responsible for the subject that commits the crimes. Most persons who commit heinous crimes are former criminals that have been in imprisoned before hand and are known for violent tendencies these types are have undergone little to no psychological evaluation and have incarceration time that was solitary confinement rather than having psychological evaluation by professionals that can propose other means of rehabilitation, (Galliher & Galliher, 2002),  pg.307. Most United States citizens blame the penal system for the death penalty because criminals seem to relapse having recidivism instead of being rehabilitated.  Furman v. Georgia 1972 case proved that the United States are undecided about using the death penalty to resolve and reduce homicides within its borders, (Galliher & Galliher, 2002),  pg.307.

During    the process of interrogation of potential death penalty subjects the penal system is blamed for not deterring the homicide and potential of individuals that are dangerous to society. A public official faced with a case that could lead to the death penalty are subject to scrutiny by the press because of the lack of attention given to these individuals before they commit heinous crimes, (Galliher & Galliher, 2002),  p.307.

.    According to James Galliher  & John Galliher,  Journal of Criminal Law & Criminology, Fall, 2001 / Winter, 2002 92 J. Crim. L. & Criminology p. 307, “capital punishment as a possible deterrent is not an acceptable punishment”, the reason being is that most people who commit homicides are not mentally stable to comprehend the laws and rules, (2002). On the other hand, life criminals who plan to murder consider themselves untouchable by law enforcement officials and commit murder to show power within the community, (Galliher & Galliher, 2002),  pg.307.  These two reasons why capital punishment is not a reliable source of preventing murder, (Galliher & Galliher, 2002), p.307.

 Liability incidents can cause all kinds of problems for Police departments and arresting officials (The Criminologist, 2013), p.41. Even though there is minimal amount of issues with liability because of procedures and Officials that follow them when a liability incident occurs it needs be addressed immediately. Police need to be informed of jurisdictional areas. Boundaries have to be formally configured to make sure that police officials know how far they should go, (Archbold, 2002). Other public officials should take over where necessary to stop confusion. Changes in the laws need to be officially drown in a well formatted brochure that explains why and where the changes have occurred. There should not be compromising of the liability laws. Speed pursuits are one of the main areas that a turnover of Police from city, county and state is important. Review of jurisdiction traffic laws should be periodic liability assessments should be taken to make sure police officers know where to draw the line, (Archbold, 2002). Canine dogs can bite arresting suspects it is a concern that a civil case can be placed against police dogs for performing their job. Police dogs are used primarily in bad neighbor hoods that are predominately minorities, (Archbold, 2002).

. These areas can produce problems for police officers who need a form of self-defense police dogs can identify drugs and other illegal substances from far away areas and lead police directly to the suspect. In the situation of a mass area that needs to cleared Police dogs play a large roll of showing the participants that the police mean business, (Archbold, 2002). In the incident of a K-9 bite the complainant should contact the police present with the information of where they were located during the attack, the time attack and hospitalization ]if any a name, number, and place of residents should be provided, (Archbold, 2002).

 If they decide to get a lawyer they must prove to be innocent of any indiscreet participation in the occurrence that the dogs where let out to maintain. K-9 dogs are used for many reasons such as riot control, finding drugs, looking for escaped convicts, missing persons, and for mass confusion such as brawls. In many cases, police dogs are trained to handle suspects by clothing items thus taking away the usage of feet and hands, (Archbold, 2002). This method of using K-9 makes it easier for the police officers to arrest the suspect, (Archbold, 2002). If they harm the suspect by grabbing limbs this may cause a problematic issue that could cost the police a bundle of money in suites, (Archbold, 2002). Under trained K-9 can be a threat to many citizens especially those who intimidate the dogs by running for no reason are using weapons against them such as purses, sticks, bats, knifes, and other throw able items can cause K-9 dogs to bite, (Archbold, 2002). Search and seizure is protected by the 5th and 8th amendments. The fifth amendment rights addresses the confiscation of items from citizens to be used as evidence, self incrimination, and due process, (Archbold, 2002).

    The eighth amendment stops excessive fines from being imposed on seized items. Illegal search and procedure is very costly to Police and Investigators because they have to have warrant to take items from living dwellings this search warrant is needed to keep Police from discovering items that have nothing to do with the reason for the search this would cause two different cases and much confusion, (Archbold, 2002). Using Admissible evidence to be presented to the court adjacent this evidence should be check in by the court  clerk in a professional manner that also has tracking numbers for the evidence check, every paper should be notarized by a notary of republic, (Archbold, 2002). The judges orders for a search and seizure are also important to be presented to the court to make sure the status of the search and seizure is legal and is viable for a search of the objects that police want to seize, (Archbold, 2002). High risk factors include the negotiation of permissions for reproduction of electronic surveillance equipment and information copyrights have to be qualified, (Archbold, 2002). Using forced information and sales media can leek to the internet making the scope of the situation uncomfortable for a court appearance. Leaked press can slow down the process of jury selection and make problems with the presentation of evidence to the Judge, (Archbold, 2002).

. Control of access to information can stop a crises from happening placing information in safe houses off site away from the police station is a good practice, (Education Portal.com, 2014). Supervisors should post legal tips and bulletins that explain processes. Training is needed to make sure that the bulletins are read. Legal advice from professional legal advisors may be needed for crucial situations involving the help from several other arresting officials. Emergency response teams to unruly situations is a good idea. Training officers to handle situational control is one way to stop legal issues, (Archbold, 2002) p. 11-19.

 The increased level of danger makes a very complex situation for officers to control the greater the amount of danger the more liable the officer will become. Some people can be very intimidated by the presents of an arresting official making a simple situation drastic in nature. When serving high-risk warrants and dealing with, (Archbold, 2002). Specialized hostage situations legal advice may be needed to keep the procedures proper, (Harris & Robinson, 2014). Specialized units may need guidance to ensure effective decision making in warrant and hostage situations, (Archbold, 2002). Literature about legal implications should be available for arresting officials to be able to read. Integrity violations happen to be among one of the highest violations that we have. Officers should not take bribes this is a major form of integrity violation. Officers should not lie to make reports sound correct, (Archbold, 2002). By not telling the truth the officer is violating the police organization, other officers, and their district that work in.

 







Refrences

Archbold, C. A. (2002). Innovations in police accountability: An exploratory study of risk management and police legal advising (Order No. 3044991). Available from ProQuest Criminal Justice. (305461038). Retrieved from http://search.proquest.com/docview/305461038?accountid=34544

Education Portal.com (2014). Crime Analysis Job description Duties and Analysis electronic resource [HTML]  http://education-portal.com/articles/Crime_Analyst_Job_Description_Duties_and_Requirements.html

Galliher, James &  Galliher, John (2001).  Journal of Criminal Law & Criminology, Fall, 2001 / Winter, 2002 92 J. Crim. L. & Criminology p. 307, electronic resource [PDF] retrieved from: http://www.umass.edu/legal/Lorenz/DeathPenalty/Galliher%20and%20Galliher.pdf

Harris, S. E., & Robinson Kurpius, S. E. (2014). Social networking and professional ethics: Client searches, informed consent, and disclosure. Professional Psychology: Research And Practice, 45(1), 11-19. doi:10.1037/a0033478

Henry, S. (2009). Social Construction of crime. In J. Miller (Ed.), 21st Century criminology: A reference handbook. (pp. 296-305). Thousand Oaks: SAGE Publications, Inc. doi: 10.4135/9781412971997.n34


International Associates of Crime Analysis, IACA (2014). Analysis Position Description electronic resource [HTML] retrieved from: http://www.iaca.net/dc_position_descriptions.asp

Meyer, B., van Roomen, T., & Sikkema, E. (2014). Corporate Criminal Liability for Corruption Offences and the Due Diligence Defence: A Comparison of the Dutch and English Legal Frameworks. Utrecht Law Review, 10(3), 37-54.

Rapping, J. A. (2014). Retuning Gideon's Trumpet: Telling the Story in the Context of Today's Criminal-Justice Crisis. Texas Law Review, 92(5), 1225-1240.

Robbins, Stephen P. & Judge, Timothy A. (2013). Organized Behavior 15th edition, p. 187, Pearson Education, Inc. Published as Prentice Hall, One Lake Street, Upper Saddle River, New Jersey, 07458 p.187

The Criminologist (2013) THE DIVISION OF EXPERIMENTAL CRIMINOLOGY History, Purpose, and Recent Developments, p.41, electronic resource [PDF] retrieved from: http://www.asc41.com/Criminologist/2013/2013_September-October_Criminologist.pdf


The Effects On Police On Crime


The effects of Police on crime. Police have a grave effect on crime they prevent crime by working proactively to stop crime before it happens. In many cases police use tactical training to prevent problems during arrests. Most criminals respect police when they are around. Having the police present is a very important fact of preventing crime. Signs that designate what is going on in different areas, such as no smoking zones and no loitering signs keep people on their feet. Reading signs is a way of life for the inner city. Signs such as no turn on red and reduce speed ahead warn people of what is happening in the area they live in. Neighborhood watch signs help with neighborhoods that have high crime rates. Police being present in an area doing proactive patrolling can and will reduce crime rates. According to Jackson, A. L., & Wade, J. E. (2005). Police perceptions of social capital and sense of responsibility: An explanation of proactive policing. Policing,” Crank (1998), in his examination of police culture, suggested that the examination of police sense of responsibility towards the community may be important in understanding police behavior”(2005) , 28(1), 49-68. The behavior that is associated with providing services to the community is a sense of protect and security. This feeling of protecting the innocent tends from those who wish to provide a safe environment for their family and friends. In hind sight, “This assertion suggests that police sense of responsibility may serve as an influential variable in explaining why police may demonstrate higher levels of Proactive policing in communities with low social capital in comparison to those with high social capital”, Jackson & Wade,  2005. Proactive Policing not only perpetuates and exacerbates the social differences between the police and their community, but it also increases the likelihood that an officer could abuse his or her authority within the community (Hemmens and Levin, 2000), Jackson & Wade, 2005. According to Verfaillie & Tom, Proactive policing and the assessment of organized crime. Policing,Anticipating or preparing for possible directions in organized crime is then no longer about calculating probabilities”, (2008). 31(4), 534-552. Looking at data that explains which neighborhoods need more or less attention is of value to proactive policing. Using information from various electronic systems help the Police figure how many resources are needed to be proactive in policing areas. According to Verfaillie & Tom, Proactive policing and the assessment of organized crime. Policing, “when it comes to social processes, predictions and forecasting techniques are less self-evident”, (2008). 31(4), 534-552. Predictions and forecasting methods using multivariate data, such as linear regression against time and econometric methods, are predicated on the ability to demonstrate causal relationships between identified variables Verfaillie & Tom, 2008. There would be more Police Officer needed to patrol a city block then a rural neighborhood simply because the city has more people per square footage than a rural neighborhood. In many cases location is an important factor of proactive policing. The location can mean the difference between a quick and speedy response and a poor unruly response. For example, Smith (1986) argued that police often use their power to arrest even more often in communities that have an established  lower social capital and on citizens with a lower socioeconomic status  then higher social establishment and  higher socioeconomic status Jackson & Wade,  2005. According to Jackson, A. L., & Wade, J. E. Police perceptions of social capital and sense of responsibility: An explanation of proactive policing,” when police implement proactive policing tactics, the recipients of their proactive tactics are often low-income minorities, citizens who for the most part are politically ineffective at instituting change among police at either the organizational or community level”, 2005. Proactive policing is most effective when it is monitored by systems and calculated. Computers can predict the waves in crime but not the way the neighborhoods and regions feel about the security and protection they receive from the police officers. In many cases a regional office and local check points are needed to take anonymous reports from concerned citizens. Being proactive rather than reactive is important in policing areas\ that have large numbers of civilians located in them. Since 911 many citizens feel as though the police do not show themselves enough and call for police that ride bikes and walk their beats instead of driving though in a police cruiser. Being more personal is a better way to deal with getting respect from the locals than not being personal. Seeing a face to match a name can help citizens realize that they are being protected and are in the process of having matters taken care of.  Scientist who have tried to explain proactive policing through the analysis of Police Officer and citizens attitudes have been inconsistent in their findings and have maintained that the relational value between the two variables is relatively unsatisfactory Jackson & Wade, 2005. According to Jackson, A. L., & Wade, J. E. Police perceptions of social capital and sense of responsibility: An explanation of proactive policing, explanations for  more responsive policing support the hypothesis that police who indicate a more negative perception of community social capital are more likely to indicate a higher sense of responsibility towards the community”, 2005. A sense of security seems to drive Police officers who do proactive policing in high crime areas that need constant attention. Police Officers that want areas to do well make a difference in city neighborhoods because of their dedication towards programs that help the community. Community programs are important to help identify representatives that enforce rules to be followed while living in any specific area. Researchers have found because the future is portrayed as inevitable it is very hard to have the knowledge of knowing what is going to happen tomorrow today, you cannot predict what people will do tomorrow. By forecasting the actions of the public today using new systems that analyze criminal actions that have taken place before, these analytical systems may  help police prevent crimes that could happen in the future.


Mandatory Minimum


According to, The American Criminal Law Review Mandatory Minimums in drug sentencing: A valuable weapon in the war on drugs or a handcuff on judicial discretion, “Mandatory minimums have been around since 1951 when Congress passed the Boggs Act and its enhancements between 1951 an1956”, (1999).  “By 1970 those Mandatory minimums penalties had been deemed unworking”, because of differences in circumstances faced during arrests. Today the bulk of mandatory minimums are handed down under statutes which penalized the possession, importation, exportation, or manufacture or distribution of controlled substances, or that mandate minimum sentence enhancements for the use of firearms during a drug crime, The American Criminal Law Review Mandatory Minimums in Drug Sentencing,1999. Due to circumstantial issues that involve the level of criminal activity and little fish catches big fish mandatory minimums and the Sentencing Guidelines ended up in a clash, The American Criminal Law Review Mandatory Minimums in Drug Sentencing, 1999. Interesting enough, the guidelines were looking for a balance that the opponents of mandatory sentencing say are not there, The American Criminal Law Review Mandatory Minimums in Drug Sentencing, 1999 . The mandatory minimums have certainly been criticized a great deal those against mandatory minimums explain that mandatory sentencing is unfair for those who commit lesser crimes for more realistic reasons. According to, The American Criminal Law Review Mandatory Minimums in drug sentencing: A valuable weapon in the war on drugs or a handcuff on judicial discretion, “the Sentencing Commission, along with the Bar Association, the Congressional Black Caucus, numerous other organizations, argue that the minimus must be abolished in favor of the Guidelines”, (1999). Overall reduction of crime can be attributed by making it known that punishments for crimes will be strict. I do not agree with Mandatory Minimums because each circumstance may be different but I do believe in Judicial Guide lines that inform Judges of what the sentences are and then leave it up to the judge to decide what sentences are appropriate for the crime. Three strike laws may not be fair but they do make criminals think before they commit crimes because the second and third offenders are dealt with harshly.

Critics attacked the minimums for their harsh effect because the statutes disregard everything except the quantity and type of drugs involved in the offense, nothing about the person involved in the offense. The Sentencing Commission also says that they result in a "cliff" effect, and this is an interesting point, where the possession of say 5.00 grams of crack carries a maximum sentence of one year while possession of 5.01 grams of crack results in a minimum sentence of five years.

Citation

Mandatory minimums in drug sentencing: A valuable weapon in the war on drugs or a handcuff on judicial discretion? (1999). The American Criminal Law Review, 36(4), 1279-1300. Retrieved from http://search.proquest.com/docview/230338559?accountid=34544

 

 

Research and locate a news article or op-ed that addresses an issue you believe is relevant to the unit. This resource must address a critical or controversial issue. Please post the article and indicate why it is indeed a critical or controversial issue.

 


 

This article is especially important because it explains why politicians are for or against mandatory minimum laws. In this article, some of the reasoning is really in-depth and concise.

Bernick, Even & Larkin, Paul (Feb.10.2014). Reconsidering Mandatory Minimum Sentences: The Arguments for and Against Potential Reforms, Heritage.org from source: http://www.heritage.org/research/reports/2014/02/reconsidering-mandatory-minimum-sentences-the-arguments-for-and-against-potential-reforms