My site consists of many techniques of Crime Investigation that can help Investigators while doing criminal investigations. It has detailed information about the fields of Police Enforcement and their work opportunities. This Blog site is a good reference for the procedures of everyday investigations and allows for a deep understanding of many situations that an CSI may enter.
Monday, August 15, 2011
Tip Dealing With Fire
When dealing with determining fires it is important to collect all evidence that is involved with the ignition of the fire. This makes sure that the fire does not restart or an explosion does not occur. Some fire evidence is like you said the V shaped charred area and the area with the most cinder and ah would be the best places to start looking for the origin of the fire.
Most of it has to deal with making sure the fire is actually out then you have to find the cause of the fire and if it is caused by a person you have to determine the suspect.
Tip When Not To Use Miranda Warning
It seems that the purpose of Miranda Warnings are to advise the person being arrested and questioned of their Constitutional rights before they are taken into custody. I have noticed that in many cases that involve calming one party down while the Police Officer figures out what is happening at the scene is one situation that you would not need to read Miranda rights. Another situation that a Police Officer would not have to read Miranda Warnings is while serving a citation, ticket or warrant. When taking some one in to your custody or after apprehending a person to be taken in, it would be best to read Miranda Warnings.
Tip Importance of Data Information
Data information is important; one of the most important records I think is the missing person record. It displays who has been missing over a period of time and if they have been found. Now the importance of the missing person record is that if the information is processed properly Police can possibly find an abductor and investigate what actually happened.
Some of information located in the Missing Persons Data base is full name, date of birth, age, height, race, sex, hair color, eye color, date missing, photograph and any other relevant information to identify the person by. The FBI keeps a missing persons record for each year with statistics of who was found on the NCIC data page. It seems that each state has its own missing persons reporting system and then on www.missingpersonreport.org you can find a bunch of people that have left their homes and have not been found.
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Tip Defense Using 5th Amendment Rghts
Without testifying the Defendant is using his 5th Amendment rights, this is smart because the Jury has no evidence that proves the Defendant guilty due to no witnesses. It is one persons word versus another if the Defendant does not speak he is more likely to be let go and have the charges dropped. Without testifying there is no way that the Defendant can incriminate himself. By not saying, anything makes the Defendant look more civilized and gives the Jury nothing to judge him by. This is a smart move as long the defendant has no prior offenses.
Differentiate Criminal Behavior
Sociological Theory
Sociological Theory or Process theories, this theory by Nettler (1974) and Reid (1976)
explains criminal activity by evaluating the criminal’s environment and their individualism. Sociological Theory proposes that crime is a learned function. The fact that a person may have had a dysfunctional upbringing explains rash social behavior. Problems such as inadequate schooling, economic adversity, and community disorganization all explain reasons why a person may decide to commit crime.
The Subcultural Theory explains cultural values that may clash because of an irregular upbringing. Such problems as having one parent, being the only child, being a witness to a crime, having parents that where past criminals but tell you not to do the same as they did all have to deal with the Subcultural Theory. The Subcultural Theory usually displays an oxymoron between friend and family that gives the child a false sense of right from wrong.
The Social Labeling Theory contains a sense of labeling people that can turn the person being labeled into the same manner as they say the person should act. For instants, a person that lives in a poor area is labeled as being poor. If this person’s family moved into the area before it became less fortunate then if they had never moved, the family could still be considered middle class. Being misjudged makes people not respond well socially. The Social outcast seems to like the fact that they do not blend into the overall mixture of society.
Neutralization Techniques develop a distinct set of justifications for their law violating behavior. They conclude that criminals must accept social values before committing crime. The categories are as follows, Denial of Responsibility, Denial of Injury, Denial of the Victim, Condemnation of Condemners, and Appeal to Higher Loyalties. Results of testing of Neutralization have been inconclusive by this Sykes and Matza’s Theory.
The Social Theories represent the fact that all people generally want to be accepted. Grouping a person actually negates there independent thought. The fact of having to perform, act, and qualify the same or above other people makes an over achiever. Grouping people can be good and bad, the good part of it is that they have activities in common with each other; the bad part is that most people like to be individuals when grouped with others the individual has to stand out.
Biological Theories
Biological Theories include stress, genetic influences, neuropsychological abnormalities, and biochemical irregularities. Biological research provides clues to negative responses to social background. This incumbents problems of misconduct from people that have a good or well upbringing and may experience neural problems, chemical imbalances, and problems that are biological that could affect anger such as uncontrollable pain. The Biological Theory makes violent crime more realistic because the biological factors outweigh the social factors; it explains why the criminal was violent. Genetics play a large role in physical health this may lead us to find cures for people that have neural pathway problems.
Psychological Theories
Psychological Theories explain crime is a result of ego or control of sexual aggressive instincts of the ID. The fact that a person who commits a crime is in need of attention, self-gratification or has frustration due to low performance, are not successful in areas of life others do well in, low self esteem, unwillingness to be open about sexual preferences, and people that are showed little love while growing up all may have an altered ID.
Sigmund Fraud explains in his writings that the criminal may suffer from a need to be punished this need alleviates guilty feelings that come from the unconscious mind.
John Bowlby & Salter – Ainsworth explain that when the infant is removed from their mother at a young age the child then develops a delinquency that leads them to commit crimes repetitively when they become older. The mental wall that they build because of receiving inadequate attention when growing up effects there mental well being when they are grown.
Yochelson and Samenow explain that criminals make the choice to commit crime thus mixing Choice theory with irresponsibility. The fact that they chose to become criminals changes their course of life.
Psychopathy these are people that make crime a way of living. They are considered people that commit crime as a way of work effort to survive; Psychopathy are frequently involved in criminal activities.
Anti Social are people that are reckless, who generally fight allot, they have no respect for others or themselves. Anti Social people, do not get along with others thus causing their life relationships such as work, friends, and sibling to dislike them. Anti Social people make friction between them and others everywhere they go.
Social-Psychological Theories
Social - Psychological Theories help explain the bond a person has to society, the way they are effected by others opinions, rewards they get from their behavior, and the way they accept normal actions and reactions.
The Containment Theory as explained by Walter Reckless displays the external containment of social pressure and institutionalized rules that control crime. If society is integrated, well defined, encourages family discipline, provides proper supervision, provides reinforcement for the positive, and provides accomplishments then crime will be contained.
The Learning Theory explains that people are attached to family, friends, work relations, and church disappointment of people you are close to result in individuals’ not committing crime. The Learning theory suggests that criminal behavior is learned. Edwin Sutherland explains the fact that a criminal develops deviant behavior from learning from others that teach them criminal activities.
In Sutherlands’ study of Learning Theory he recognizes different rules that apply to the Learning theory. Sutherland’s findings are that criminal behavior is learned during the process of communicating with others. A subject can be influenced by others to commit crime by intimate social groups. After learning criminal behavior, the techniques of committing crime are also learned. Ways of finding loopholes in the system are learned in order to prevent being caught while committing crimes. All of the thought patterns for learning any other subject are used to evaluate and operate criminal behavior. The time of the association of criminal influences adjusts the severity, frequency, duration, and intensity of the crimes being committed by the subject.
Mixed Theories
The subject often weighs values and needs before committing criminal acts. This allows theories to be mixed in order to explain the exact reasoning behind criminal activities and causation of the criminal act. Many factor are weighed when a criminal is evaluated a psychologist must identify whether the crime was planned or implemented by impulse. Was the criminal mentally ill or did they have something to gain from their criminal act. Let us take for instance a person who steals from several banks. This type of crime allows the psychiatrist to use several theories to explain why the criminal steals from banks. The first theory would lead to Social Theory that the criminal had been taught to steal by parents and siblings from a young age. Another theory may be the Biological Theory the criminal has a problem that they were born with such as (ADD) Attention Deficit Disorder or ADHD Attention Deficit Hyperactive Disorder. The fact that the criminal has a biological disorder would then lead the psychologist to believe that the criminal was unable to work thus fulfilling their needs by criminal acts. If the criminal’s parents had a background of thievery, a psychologist could then combine the two theories to make one analysis of the criminal.
References
A.D.A.M (2010) Antisocial Personality Disorder from source https://health.google.com/health/ref/Antisocial+personality+disorder
Greene,Edie / Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010) © Cengage Learning, Wrightsman’s Psychology and the Legal System, 6e
Long, Philip W M.D. (2008) Internet Mental Health from source http://www.mentalhealth.com/dis/p20-pe04.html
There are a vast amount of different jobs for Psychologist in the Criminal Justice Field. The jobs explained in this editorial represent the foundations of Psychological evaluations and assessment by the different departments located in the Criminal Justice Field.
There are many areas and fields that use Psychologist on an everyday basis in the United States and in the rest of the world. Some of the Jobs other than social psychological therapy on a private basis are located in the field of Criminal Justice. As explained and recanted many psychological evaluations and experimental jobs are located in the Criminal Justice Field. Criminal Justice agencies need qualified Psychologists to help them evaluate criminals, workers, and prisoners in the law enforcement arena. Let us begin by exploring some of the jobs that exist in each area of Criminal Justice such as Law Enforcement, Courts, and Corrections.
Law Enforcement
Psychologists play an important role in the Law Enforcement area of Criminal Justice. They evaluate criminals to find out what their mental state of mind is at the time that they have committed a given crime. This evaluation may lead to the capture of a repeat offender establishing that the criminal has possibly had mental disorders in the past that have been evaluated and attended to on a regular basses. If a criminal leaves a ransom note, you can tell if they are in distress by the type of handwriting that the criminal displays on the note. Psychological disorders such as mental disorders could prohibit the capacity of learning for the criminal. They may not understand that their actions are reckless, dangerous and go against the civil grain of society, such as people that are members of gangs that participate in illegal activities according to Gross and Magaletta (2009).
Another Law Enforcement job that Psychologists perform is to evaluate Police Officers. Psychologist evaluates Police Officers to recommend them for the Police Force every day. A Police Officer should have many different qualities that are common among the Police Department some of which qualities include being incorruptible, well adjusted, people oriented, free of emotional reaction, and logical, Green, Edie / Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010).
Psychologist performs interviews that evaluate the stature of Police Officers and the way they respond to their surroundings. Personal interviews, observations, and physical tests all provide good information for the Police Force to make a hiring decision, Green, Edie / Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010). Structured interviews provide the Psychologist with a sense of reliability and the validity of their information whether resume or report from the Police Academy. All information that is obtained by the Psychologist is reviewed and later written into a record identifying why the Police Department should hire the applicant or why they should not hire the applicant. Green, Edie / Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010).
Courts and Evaluation of Witnesses
The Psychologist evaluates witnesses that are brought to court for extraneous reasons. They are called upon to evaluate the sanity of a witness that is brought to trial whether by the prosecution or defence. Problems such as PTSD (Post Traumatic Stress Disorder), ADD (Attention Deficit Disorder) or ADHD (Attention Deficit Hyperactive Disorder) are common disorders that the Psychologist should test for during interviews and assessments. Whether or not the witness is suffering from depression or any other mental barrier that may affect their competency during trial is a decision that the Psychologists needs to make known. Psychologist are also used to identify cases of witnesses that have health and mental problems that exclude them from being able to testify in trail such as a witness clamming to identify another person but the witness has bad eyesight and is unable to confidently identify the suspect. The witness could have a number of problems with their eyesight ranging from glaucoma, color blindness, and blindness that could affect the prosecutions ruling during the court trial. Is the witness a sociopathic liar, a person that cannot be trusted, is this disorder built in to their personality or social being? These are some of the questions that a qualified Psychologist can provide answers for.
While evaluating child abuse, the Psychologists is to decipher whether there are grounds for a case against the suspect. When a Psychologist evaluates a victim of child abuse, they must enquire a series of questions that eliminate the accusation of false testimony. After evaluating the child’s situation, the recommendation for relocating the child is the next step to evaluating child abuse. Psychologists perform a number of tests on the child, parents, and witnesses that give them information such as emotional state, mental problems, and physical wellness. This information will eventually present the courts with a recommendation, Psychology Information Online.
Child custody is another area that using a Psychologist may be beneficial to the court, while performing an assessment. Families that go through divorce may need a mediator to examine the best solution for the child during the divorce process. In most cases, the Psychologist will offer emotional support to the parents that are obligated to be fair and equal during the litigation of child support. A Psychologist evaluates the parents for any psychological problem that may hinder their parenting decisions: Franklin, Donald PhD, (2010).
Corrections
Counselling is a major area of psychology, the different types of counselling such as suicide assessment, improving individual skills, and group skills all build a stronger foundation for the patient. Drugs, abuse, crisis intervention, and the rehabilitation of sex offenders all play an important role for the Corrections Officer and Psychologist that work together helping prisoners deal with social problems in the correctional systems. Other areas of corrections involve the assessment of institutionalized inmates. This involves a number of correctional studies that implement the evaluation of the inmates work environment, how the inmates react to their punishments and how to treat inmates for social and psychological problems. Evaluation of environment adaptation displays how inmates react to other inmates and workers in the prison system. Assessments, studies, and tests absolutely improve the success rate of the overall correctional system. Thomas and Jones (Sept 1999)
Much like a doctor is needed to fix physical problems with the body a Psychologist is needed to fix problems with the brain. There is a need for testers, analyzers, and assessors for studies in the psychological field. Many areas in Criminal Justice have to have on staff Psychologists in order to operate efficiently.
References
Franklin, Donald PhD, (2010) http://www.psychologyinfo.com/forensic/criminal_court.html
Green, Edie / Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010) © Cengage Learning, Wrightsman’s Psychology and the Legal System, 6e
Gross, Nicole R. / Magaletta, Philip R. Ph.D.(2009) The National Psychologist,Corrections system has career opportunities from source: http://nationalpsychologist.com/articles/art_v18n2_2.htm
O’Brien, Thomas\ Jones, Derek J. (Sept 1999) American Psychologist News Paper, A Balanced Approach for Corrections Policy Needed
The Insanity Ruling
Looking into the not guilty by reason of insanity or (NGIR) ruling and why or why not the ruling is an obstruction of justice in the courtroom. Many cases involve a preliminary trail to qualify the defendant as being competent enough to attend the trail and understand the verdict and why it was passed to them. The following will show some examples of why people agree and disagree with the court ruling of competency and the history of the NGIR ruling.
Mentally ill persons have been recognized since the turn of the fifteenth century in the United States of America, they recognized if a man has killed and was not of proper state of mind, lunacy or a natural fool the person did not have the competency to realize the nature of their crimes. PBS.org (2011) Front Line, A Brief History of Insanity Defense. During the 1500’s British rule created the wild beast test this test consisted of comparing the defendant to an infant or wild beast, if they could not understand the ramifications of their actions the person being examined must have the mentality of a wild beast or infant thus calling them crazy, insane, or lunacy. After their insanity was discovered, the defendant could no longer be tried in the court of law. PBS.org (2011) Front Line, A Brief History of Insanity Defense.
Daniel M‘Naghten was a wood cutter that murdered the Secretary to the Prime Minister Sir Robert Peel in 1843, M’Naghten believed that the Prime Minister was the cause of his financial down fall in a missed attempt to assassinate the Prime Minister Sir Robert Peel’s life was taken. It was ruled that if M’Naghten was not able to tell the difference between right and wrong he was considered mentally ill and not responsible for his actions.Pbs.org (2011) Front Line, A Brief History of insanity Defense.
Only one Percent of all defendant cases consider the insanity rule according to the Answers Encyclopaedia (2011), this means that most defense cases do not even use the plea of insanity. The common rule today for the insanity plea is to meet specific criteria to determine if the defendant is considered insane called the competency test. If the defendant is able to perform the following they are considered component: are able to understand his current legal situation; ability to understand the charges against him; ability to understand the facts relevant to his or her case; ability to understand the legal issues and procedures in his case; ability to understand legal defenses available in his behalf; ability to understand the dispositions, pleas, and penalties possible; ability to appraise the likely outcomes; ability to appraise the roles of defense counsel, prosecuting attorney, the judge, the jury, the witnesses, and the defendant; ability to identify and locate witnesses; ability to relate to defense counsel; ability to trust and to communicate relevantly with his counsel; ability to comprehend instructions and advice; ability to make decisions after receiving advice; ability to maintain a collaborative relationship with his attorney and to help plan legal strategy; ability to follow testimony for contradictions or errors; ability to testify relevantly and be cross-examined if necessary; ability to challenge prosecution witnesses; ability to tolerate stress at the trial and while awaiting trial; ability to refrain from irrational and unmanageable, behaviour during the trial; ability to disclose pertinent facts surrounding the alleged offense; and the ability to protect himself and to utilize the legal safeguards available to him: Green, Edie / Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010).
Forty-eight out of fifty states have some form of insanity rule in their court system. Insanity rules mean that the defense admits to committing the crime but they cannot be tried because the defendant is not competent enough to stand trial. If the jury does not concur with the defense’s plea, the person will be tried and convicted of their offense. Sixty to seventy percent of insanity pleas are cases other than murder: Law.Jrank.org (2011) Insanity Defense. Juries find for only about twenty percent of defenses that plead guilty many insanity pleas are the result of plea-bargaining: Law.Jrank.org (2011) Insanity Defense.
An argument that can be made is the insanity plea is it a good ideal and why or why not? Throughout history people have sided with the insanity plea simply because it makes no since to punish someone for something that they do not feel sorrowful for. What is the use of punishing some one that is not capable of understanding what they did wrong? It is easier to rehabilitate the person then punish them for their crimes. Some believe that the insanity rule is a hoax created by the defense to escape spending their time in jail. Very few homicide cases use the insanity plea because it is a very hard circumstance to prove in the court of law. The reasoning behind someone committing a crime and the technique involved by their criminal act automatically proves that they are competent.
Forensic Psychiatry of the Colorado Mental Health Institute at Pueblo performed a case study concerning one hundred and four court cases using the M’Naghten standard of evaluating cases of NGRI AND NIGRIMC. They found that many of the cases came back unsure of mantle illness, as a matter of fact of the acquitted included sexual offenders the highest ratio showed that they were also repeat offenders: The Journal of Psychiatry & Law 34/Spring 2006. Another study by The Center for Forensic Psychology Ann Arbor Michigan Forensics Hospital showed out of 139 defendants that were selected to be reviewed for insanity 69% male that a whopping 79% were out of work conceding with another 73% that had been repeat offenders. These numbers show us that when the mentally ill are not able to take their medications it leads them to commit criminal acts: North Western University School of Law, Journal of Criminal Law and Criminology (1996).
Whatever the case is the fact that a person has a mental problem makes it hard for the Defense, Prosecution, Judge and Jury to determine whether the person that is being prosecuted is actually mentally ill. Tests have to be preformed and a ruling that the subject has a mental problem that disallows them the competency to understand their actions and comprehend the court case, before being allowed to enter the NGRI sentence. People that falsify the fact that they have mental problems and need help are actually few and far in-between even though the competence screening tests may produce false negatives: Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010).
References
Bonnie, Richard J.; Poythress Norman G.; Hoge, Steven K.; Monahan, John; Eisenberg, Marlene Journal of Criminal Law & Criminology, Fall96, Vol. 87 Issue 1, p48, 15p, 4 Charts, Decision-Making in Criminal Defense: An Empirical Study of Insanity Pleas and the Impact of Doubted Client Competence.
Deseret News.com from source http://www.deseretnews.com/article/915172/Counter-bureaucratic-insanity.html
Heilbrun, Kirk / Fortune, William H. / Nietzel, Michael T. / (2010) © Cengage Learning, Wrightsman’s Psychology and the Legal System, 6e
LawJrank.org from source http://law.jrank.org/pages/7664/Insanity-Defense-History.html and http://law.jrank.org/pages/7666/Insanity-Defense-THERE-NEED-INSANITY-DEFENSE.html
LexisNexis.com from source https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&crawlid=1&doctype=cite&docid=7+Am.+J.+L.+and+Med.+237&srctype=smi&srcid=3B15&key=26cedffcc074e9510e6b6a011b4e8a15
Miller, Robert D.; Olin, Jonathan; Ball, Elissa M.; Bennett, Charles; Beven, Gary F.; Pitt, Steven E.. Journal of Psychiatry & Law, (Spring2006), Vol. 34 Issue 1, p37-49, 13p, The validity of Colorado not criminally responsible findings.
PBS .Org(2011) from Source http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/history.html and http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html and http://www.pbs.org/wgbh/pages/frontline/shows/crime/jailed/ and http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
Shralow, Donna R.. Journal of Criminal Law & Criminology, Winter1983, Vol. 74 Issue 4, p1334-1352, 19p, FIFTH AMENDMENT--INDEFINITE COMMITMENT OF INSANITY ACQUITTEES AND DUE PROCESS CONSIDERATIONS.
Speakout.com from source http://www.speakout.com/activism/issue_briefs/1229b-1.html
Psychologist In Jury Selection
The differences between the Scientific Jury Selection process and allowing the Defense and Prosecution to select Jurors on their own has changed the way the Defense and Prosecution selects possible Jurors during the voir dire Jury selection. Some Psychologists disagree with the manner of which the Scientific Jury selection is conducted. Most all-major law firm’s use contracted help for Jury selection. Having a proper Jury selection and expert witnesses will help the Prosecution and Defense prove guilt or innocents of a given suspect. Some complain that by having extra Contractors during trial may slow the due process of the trial. This paper is to determine whether Scientific Jury Selection improves the case or not.
Using Psychologists as consultants for jury selection has become a regular procedure for most Attorneys. This gives the client every conceivable chance that they need to win a case even grim cases with troublesome out come. During the Voir Dire process of selecting Jurors attorneys from both sides, the Prosecution, Defense, and the Trial Judge can question the prospective Jurors this is the perfect time to use Contracted Psychologists to help choose what Jurors are best for the trial: Garland, Norman (2006) Criminal Evidence Fifth edition.
Now of course the Defense is going to select Jurors that are similar to the Defendant such as job preference, living conditions, place of residence, race and culture, income and social grouping. This way the defendant and the Jurors will have something in common to base their decisions on. The Prosecution wants to expose the victim’s testimony rather than the defendant’s testimony. In this way, the Prosecution will try to obtain a Jury that is against the Defense. They would rather place the people that are complete opposites of the defendant’s life style on the Jury Panel. The Prosecution usually looks for middle-aged business minded people that have no record of wrongdoing. This allows the Prosecution to have an advantage over a defendant that is a non-law abiding citizen, thus selecting good citizens that have no prior records. The Judge is present to mediate the trial keeping the selection of Jurors as even as possible in order to make the judgment fair for both parties allowing the argument and the complaint to be rational, conducting the trial in a civilized manner. Choosing, a verity of people with different cultural backgrounds for the Jury could alter the outcome of the verdict. The Judge has to make sure that the verdict is fair and correct thus excluding any radicals that may hinder the trial process: Hutson, Mathew (2007) Psychology Today.
The Scientific Approach to Jury selection has been around since the early 1970’s. This approach suggests that the people on the Jury are able to effect the trial just as much as the evidence presented during the case. While selecting the Jury a number of Psychological and Social experts are called in to determine who is best suited for the type of trial that they are about to enter. Jury selection has become so involved simply because of the many different types of people that could possibly be chosen to represent the overall public. The process of hiring a Trial Consultant automatically makes your decision for the right Jurors better than average and extends a Jury to be made up of helpful individuals that may have some background or specialty in an area that you want to be examined closely. I think personally that hiring a consultant for Jury selection is a very good idea that increases your chance of winning your court case: Clary, Audrey (2002) Psychologist Villanova University.
Others do not like the fact that, if you as a Prosecutor or a Defense have the money you can hire yourself a contracted Psychologist that can work, close with the Lawyer staff to find the best combination of Jurors. The experts provided may make a better trial and can possibly allow the suspect to be let off if evidence is hard to determine. This makes the trial unfair for Defendants with low-income who only have enough to pay the lawyer fee. In this case, the Prosecutor has the ability to alter the trial and thus make it hard for the Defense to prove innocents. Some of the considerations for reforms of Scientific Jury Selection are to outlaw the actual process of using Coaches or Consultants during Jury selection. Another way to limit the Consultants is to restrict the questioning of would be Jurors during the Voir Dire hearing. Reducing the peremptory challenges by the attorneys could also limit the Consultants that are contracted. The fact that the cost of Expert Contractors may be a little much for an average person using Contractors could over whelm the Defensive Attorney by handing them extensive research by the Prosecution during trial: Clary, Audrey (2002) Psychologist Villanova University.
References
Clary, Audrey (2002) Psychologist Villanova University from source http://www.psychologytoday.com/articles/200703/unnatural-selection
Garland, Norman (2006) Criminal Evidence Fifth edition
Hutson, Mathew (2007) Psychology Today from source http://www.publications.villanova.edu/Concept/2005/jury_selection.pdf
Sunday, August 14, 2011
Social Theories Explaned
Thesis
The Thesis of all of the Social Theories is that people generally want to be accepted by others. Grouping a person actually negates there independent thought. The fact of having to perform, act, and qualify the same or above other people makes an over achiever. Grouping people can be good and bad the good part of it is that they have activities in common with each other the bad part is that most people like to be individuals when grouped with others they have to stand out.
Analysis of Differential Association Theory examined by the works of Edward H. Sutherland
Analysis of differential Association explains that parents can encourage delinquent behavior by showing their own bad habits. This theory ignores spontaneous acts defining acts as systematic and rational.
Neutralization Theory by David Matza
Neutralization Theory states that a law breaker learns and master techniques that neutralize values and attitudes and allow them to drift between illegitimate and conventional behavior.
1. Criminals sometimes voice guilt over acts
2. Offenders frequently respect and admire honest law abiding persons
3. Criminals are not immune to the demand of conformity
Neutralization Techniques by Sykes and Matza
Neutralization Techniques develop a distinct set of justifications for their law violating behavior. They conclude that criminals must accept social values before committing crime. The categories are as follows, Denial of Responsibility, Denial of Injury, Denial of the Victim, Condemnation of Condemners, Appeal to Higher Loyalties. Results of testing of Neutralization have been inconclusive by this Sykes and Matza’s theory.
Contemporary Social Control Theory by Hirschi
· Attachment:
Explains that people are attached to family, friends, work relations, and church disappointment of people you are close to result in individuals’ not committing crime.
· Commitment:
Impromptu values of savings and planning for the future make people edgy about committing crimes.
· Heavy Involvement:
Volunteering in social groups allows no time for criminal activity.
· People Who Live In The Social Setting:
People around your neighborhood that you see every day make it hard for us to commit criminal acts because we do not want to disappoint them we want to be law abiding citizens to please the over all populist.
Labeling Theory by Raymond Paternostert and Leeann Iovanni
Labeling people honestly makes them think in the same manner as they say the person should act. This makes them not respond well to people socially. Social out casts they seem to like the fact they do not blend in to the overall mixture of society.
Power Control Theory
Power – Control Theory Identifies that gender differences between boys and girls in the family and the way they are treated by their mothers and fathers at home display that parents shelter girls more than boys due to the fact that girls are guided away from trouble with the law by scare factors presented mostly by their mother. Boys have more lenient rules thrust upon them due to the fathers aspect of allowing boys to hold jobs and own cars in their high school years, while mothers prepare daughters for college and other forms of education to make life easier for them in the long run.
Two disadvantages of the Power-Control Theory are that the theory changes with economic differences in social class and it also changes between single parent families versus egalitarian families.
Boys and girls should be treated equally between both parents giving them a chance to learn work skills and also giving them a head start with the ability to drive as long as it does not interfere with school work and social programs at school, allotting both girls and boys to have the same treatment of discipline keeping them away from crime. I also think that College or trade programs should be an automatic give me as long as they take it serious and try hard to make good grades.
Two disadvantages of the Power-Control Theory are that the theory changes with economic differences in social class and it also changes between single parent families versus egalitarian families.
Boys and girls should be treated equally between both parents giving them a chance to learn work skills and also giving them a head start with the ability to drive as long as it does not interfere with school work and social programs at school, allotting both girls and boys to have the same treatment of discipline keeping them away from crime. I also think that College or trade programs should be an automatic give me as long as they take it serious and try hard to make good grades.
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