Jamie Biddulph

Miranda V. AZ and AZ V. Fuliminante

2010-01-17T19:43:00.000-08:00

I am going to provide a synopsis of the case of Miranda V. Arizona, and also the case of Arizona V. Fulminante. I will provide a comparative synopsis of these two cases, discuss final court rulings and the legal requirements for admissibility of statements and the applicability of those legal requirements to the above mentioned cases.
In the case of Miranda V. Arizona, Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona in 1963. Miranda was arrested after a crime victim identified him in a police lineup. Miranda was charged with rape and kidnapping and interrogated for two hours while in police custody. Police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. Miranda confessed in writing to the crimes with which he was charged. His written statement also included an acknowledgement that he was aware of his right against self-incrimination. During his trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count. (Landmarkcases, 2009)
The case of Miranda V. Arizona comes down to the fact that the individual, Ernesto Miranda should have been informed of his rights at the time of his confession and because he was not that his confession should have been excluded from the trial. The case moved through the court system when Miranda was convicted in 1965 for kidnapping and rape on the basis of a written confession that was admitted into evidence despite defense objections that Miranda had not been informed of his right to an attorney and his right to remain silent during the police interrogation. Then in 1965 as well the Supreme Court of Arizona upheld the conviction stating that Miranda’s rights were not violated at trial by allowing the confession. (Landmarkcases, 2009)

Finally in 1966 the case of Miranda landed at the Supreme Court of the United States, It was then that the Supreme court of the United States reversed the Arizona Supreme Court and held that statements obtained from defendants during interrogations in police-dominated atmosphere without full warning of right to remain silent and right to counsel violated the Fifth and Sixth Amendments and were inadmissible.
The legal requirement for admissibility of the statements in this case of Miranda V. Arizona was not met, while any suspect is in custody and undergoing a custodial interrogation they must be informed of their rights. The Fifth Amendment guarantees the right to not incriminate one’s self and the Sixth Amendment guarantees the right to counsel even if the individual cannot afford a lawyer. The statement made by Miranda cannot be considered admissible because Miranda was not informed of these rights prior to his confession, had Miranda been informed he may have requested a lawyer or remained silent.
In the case of Arizona V. Fulminante, the defendant Fulminante was the stepfather to 11 year old Jeanne who was found murdered in Mesa Arizona in the dessert shot twice in September of 1982. Fulminante had reported the young girl missing to the Mesa police department two days before her body was found. Fulminante's statements to police concerning Jeneane's disappearance and his relationship with her contained a number of inconsistencies, and he became a suspect in her killing. When no charges were filed against him, Fulminante left Arizona for New Jersey. Fulminante was later convicted in New Jersey on federal charges of possession of a firearm by a felon.
Fulminante was imprisoned he became friends with another inmate, Anthony Sarivola. Sarivola, a former police officer, had been involved in loan sharking for organized crime, but then became a paid informant for the Federal Bureau of Investigation. While at Ray Brook, he masqueraded as an organized crime figure. After becoming friends with Fulminante, Sarivola heard a rumor that Fulminante was suspected of killing a child in Arizona. Sarivola then raised the subject with Fulminante in several conversations, but Fulminante repeatedly denied any involvement in Jeneane's death. During one conversation, he told Sarivola that Jeneane had been killed by bikers looking for drugs; on another occasion, he said he did not know what had happened. Sarivola passed this information on to an agent of the Federal Bureau of Investigation, who instructed Sarivola to find out more.
Sarivola said that he knew Fulminante was "starting to get some tough treatment and whatnot" from other inmates because of the rumor. Sarivola offered to protect Fulminante from his fellow inmates, but told him, "`You have to tell me about it,' you know. I mean, in other words, `For me to give you any help.'". Fulminante then admitted to Sarivola that he had driven Jeneane to the desert on his motorcycle, where he choked her, sexually assaulted her, and made her beg for her life, before shooting her twice in the head. (Findlaw, 2010)
Fulminante was tried and convicted of his stepdaughter’s murder when his attorney tried to suppress the confession and the court ruled that it was admissible. He was sentenced to death. Fulminante appealed, arguing, that his confession to Sarivola was the product of coercion and that its admission at trial violated his rights to due process, under the Fifth and Fourteenth Amendments of the United States Constitution. After considering the evidence at trial as well as the stipulated facts before the trial court on the motion to suppress, the Arizona Supreme Court held that the confession was coerced, but initially determined that the admission of the confession at trial was harmless error, because of the overwhelming nature of the evidence against Fulminante. The Arizona Supreme Court ordered that he be retried without the confession being admissible. The Arizona Supreme Court found a credible threat of physical violence unless Fulminante confessed. In the Arizona Supreme Court's initial opinion, in which it determined that harmless error analysis could be applied to the confession, the court found that the admissible second confession to Donna Sarivola rendered the first confession to Anthony Sarivola cumulative. In a divided opinion, the United States Supreme Court held that the state Supreme Court’s finding that Fulminante might have been subjected to violence was sufficient to establish a finding of coercion, and therefore affirmed the reversal. In addition, the Court held that a harmless error analysis should nonetheless be applied to any allegedly coerced confession. In either case, the Court held that a new trial was warranted. (Findlaw, 2010)

References

Landmark cases. (2009). Miranda v arizona . Retrieved from http://www.landmarkcases.org/miranda/background3.html
Findlaw, . (2010). Arizona v. fulminante, 499 u.s. 279 (1991) . Retrieved from http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=499&invol=279

People always come into your life for a reason, a season, or a lifetime. When you figure out which it is, you know exactly what to do.

2009-11-19T11:50:00.000-08:00

People always come into your life for a reason, a season, or a lifetime.

When you figure out which it is, you know exactly what to do.

..

When someone is in your life for a REASON,

it is usually to meet a need you have expressed outwardly or inwardly.

They have come to assist you through a difficulty,

or to provide you with guidance and support,

to aid you physically, emotionally, or even spiritually.

They may seem like a godsend to you, and they are.

They are there for the reason you need them to be.

...

Then, without any wrong doing on your part or at an inconvenient time,

this person will say or do something to bring the relationship to an end.

...

Sometimes they die. Sometimes they just walk away.

Sometimes they act up or out and force you to take a stand.

What we must realize is that our need has been met, our desire fulfilled; their work is done.

The prayer you sent up has been answered and it is now time to move on.

...

When people come into your life for a SEASON,

it is because your turn has come to share, grow, or learn.

They may bring you an experience of peace or make you laugh.

They may teach you something you have never done.

They usually give you an unbelievable amount of joy.

Believe it! It is real! But, only for a season.

And like Spring turns to Summer and Summer to Fall,

the season eventually ends.

...

LIFETIME relationships teach you lifetime lessons;

those things you must build upon in order to have a solid emotional foundation.

Your job is to accept the lesson, love the person/people (anyway);

and put what you have learned to use in all other relationships and areas in your life.

It is said that love is blind but friendship is clairvoyant.

Thank you for being part of my life.

Search and Seizure

2009-11-17T20:09:00.000-08:00

The Framers of the Constitution and Bill of Rights did not scribe those words with the automobile in mind. The issues involving the seizure and search of automobiles and their occupants were, thus, addressed by the Supreme Court in their constitutional interpretations recorded in case law. With the advent of the automobile in 1914 through the turn of the new millennium, the easy mobility of the automobile and its operation on public roads has influenced the Supreme Court in their interpretation of the Constitution. The issue of privacy in an automobile is, therefore, considered to be dramatically diminished. These factors have played an important role in the eyes of the court.
Police officers do not need a warrant to search a vehicle as long as the officer has probable cause to believe that the vehicle may contain contraband or evidence of a crime. Probable cause is a reasonable belief that a person has committed a crime. This can be almost anything depending on that individual officer’s beliefs, bias, preferences or tendency to racially profile individuals. It is my opinion that officers do indeed “find” probable cause if they decide that they need to investigate further for whatever reason. It is undisputed that the Fourth Amendment, applicable to the states through the Fourteenth Amendment, prohibits an officer from making an arrest without probable cause. The issue here lies in what some officers may or may not label as probable cause.
Search and seizure is not a bad thing as long as it is handled properly by the arresting officer. When officers fail to go by the book and exercise good judgment not only are they leaving their department open for liability they are also violating the rights of individuals. Another repercussion of bad policing is in the form of negative publicity. When officers make bad choices and decide to search a vehicle and they have no legitimate reason it creates negative publicity for the department and affects public opinions of police in general.

Reasonable suspicion and so forth

2009-11-17T19:31:00.001-08:00

Define Reasonable Suspicion, Probable Cause, and Proof Beyond a Reasonable Doubt. Also explain what authority each level of information gives government.
Reasonable Suspicion:
To conduct a Terry search, or a stop and frisk, police need reasonable suspicion that the person is suspected of imminent illegal behavior or past criminal activity. Reasonable suspicion is based on the totality of the circumstances as understood by those versed in the field of law enforcement; it is commonly described as something more than a hunch, but less than probable cause.
Probable Cause:
In the United States criminal court system, probable cause refers to facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed.
Proof beyond a reasonable doubt:
Beyond a reasonable doubt is the highest standard of proof that must be met in any trial. In civil litigation, the standard of proof is either proof by a PREPONDERANCE OF THE EVIDENCE or proof by clear and convincing evidence. These are lower burdens of proof. This is the standard that must be met by the prosecution.

HOPE

2009-11-17T15:05:00.000-08:00

God doesn't give you the people you want, He gives you the people you NEED- To help you, to hurt you, to leave you,to love you and make you into the person you were meant to be.

Dear God: The lady (ladies) reading this is beautiful, classy, and strong, and I love her. Help her live her life to the fullest. Please promote her and cause her to excel above all her expectations. Help her shine in the darkest places where it is impossible to love. Protect her at all times, lift her up when she needs you the most, and let her know when she walks with you, She will always be safe.

Blessings,
Jamie

Bring the rain

2009-11-12T20:43:00.000-08:00

I can count a million times
People asking me how I
Can praise You with all that
I've gone through
The question just amazes me
Can circumstances possibly
Change who I forever am in You

Maybe since my life was changed
Long before these rainy days
It's never really ever crossed my mind
To turn my back on you, oh Lord
My only shelter from the storm
But instead I draw closer through these times
So I pray

Bring me joy, bring me peace
Bring the chance to be free
Bring me anything that brings
You glory And I know there'll
be days When this life brings me pain
But if that's what it takes to
praise You Jesus, bring the rain

I am yours regardless of the clouds that may
loom above because you are much greater than
my pain you who made a way for me suffering
your destiny so tell me whats a little rain

[1st Chorus]

Holy, holy, holy
Holy, holy, holy
is the lord God almighty
is the lord God almighty
I'm forever singing

[2nd Chorus 2x]

everybody singing
Holy holy holy
you are holy
you are holy

4 th amendment and the exclusionary rule

2009-11-11T20:56:00.000-08:00

What would happen if the Fourth Amendment did not exist? The fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This means security in my opinion, of the person in their home mainly. If the fourth amendment did not exist, what would happen? In my opinion the fourth amendment might as well not exist thanks to the USA PATRIOT Act which by the way is you disagree with it you are not an extreme nutjob, anyways, the Act ensures that the government now does have the ability if they so choose to bypass the fourth amendment and do as they please. The Patriot Act increases the government’s surveillance powers in four areas:
1. Records searches. It expands the government's ability to look at records on an individual's activity being held by third parties. (Section 215)
2. Secret searches. It expands the government's ability to search private property without notice to the owner. (Section 213)
3. Intelligence searches. It expands a narrow exception to the Fourth Amendment that had been created for the collection of foreign intelligence information (Section 218).
4. "Trap and trace" searches. It expands another Fourth Amendment exception for spying that collects "addressing" information about the origin and destination of communications, as opposed to the content (Section 214).
The Act also creates a new crime of "domestic terrorism." The Patriot Act transforms protesters into terrorists if they engage in conduct that "involves acts dangerous to human life" to "influence the policy of a government by intimidation or coercion." How long will it be before an ambitious or politically motivated prosecutor uses the statute to charge members of controversial activist groups like Operation Rescue or Greenpeace with terrorism? Under the Patriot Act, providing lodging or assistance to such "terrorists" exposes a person to surveillance or prosecution. Furthermore, the law gives the attorney general and the secretary of state the power to detain or deport any non-citizen who belongs to or donates money to one of these broadly defined "domestic terrorist" groups

The exclusionary rule, stemming directly from the Fifth Amendment, states that no object may be used in court as evidence if obtained illegally or without a proper search warrant. This principle gained its constitutional roots back in 1921 in the case of Gouled vs. United States. This Supreme Court held that although the government could seize contraband, it could not seize property simply to use as evidence. There are certain cases where evidence from warrantless searches is admissible, such as when something is in plain view, at an airport, during an arrest, or when there is no time to obtain a warrant. The exclusionary rule prevents the police, in their zealousness to solve crimes, from violating the civil liberties of American citizens. Warrants can only be issued by judges if there is "probably cause" to believe that evidence of wrongdoing will be found. Warrants must contain the date, location, and time of a search, what is expected to be found, and the grounds for believing that such an object will be found in the place indicated. Many feel that these institutional safeguards are what distinguish America from less civilized nations. They maintain that our civil liberties must be protected above all else. The problem in some peoples' minds is that a person should not have contraband in his/her possession to begin with. If a police officer or investigator uncovers contraband in an unconstitutional manner, they feel that there is no reason to pretend that the material does not exist. They maintain that criminals all too often escape justice by loopholes such as this. Some Americans are willing to sacrifice some of their Constitutional rights for a greater feeling of safety and security.

Criminal Procedure Policy

2009-11-08T17:27:00.001-08:00

Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free.
Ronald Reagan

I am going to discuss due process and various crime control models relating to criminal procedure policy. The Fourth, Fifth, Sixth, and Fourteenth Amendment will be explained regarding their role in criminal procedure policies as well. Lastly I will discuss the Bill of Rights and the relevance to the states through the Fourteenth Amendment.
Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land, protecting individual persons from the state. Due process is protected as part of our Fifth Amendment rights. Under the Due process model the most important function of criminal justice should be to provide due process or fundamental fairness under the law. The focus in this model is aimed on the defendant’s protected rights under the Bill of Rights and the belief is that police power should be highly limited to prevent oppression of the individual person. The government shouldn't hold a person guilty solely on the basis of the facts; a person should be found guilty only if the government follows legal procedures in its fact-finding. The due process model has been referred to as an “obstacle course”. (Cliff’s notes 2009)
The Crime control model suggests that the repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society. Also, this model favors victim’s rights over the rights of the defendant, and anything that complicates matters for police should be eliminated. The accused is often thought of as guilty already in this model and the justice system is thought of as a conveyor built of justice, swiftly moving the defendants along to their case disposition. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused. (Cliff’s notes 2009)
The crime control model has more of a conservative basis than that of the due process model which has a liberal value to it. The law can only extend its arms so far. They cannot abuse their powers and must keep in mind that people have the right to a reasonable amount of privacy under the Constitution. There is a delicate balance in trying to respect the individual’s privacy and rights that we all have as United States citizens and also keeping the public safe at the same time.
Crime control model is based on factual guilt whereas the due process model is based on actual guilt. The Crime Control Model seems to be run like a dictatorship. It seems like a method that may have started out with good intentions only to not work out that way in the end. Within the Crime Control Model there is no innocence until proven, and the police and prosecutors are always deemed to be right. Justice seems to hang on the edge of impeding on civil rights violations as well as many and freedoms that we hold dear as Americans. (Misha, 2005)
The Fourteenth Amendment states all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment means a lot of different things for different people. For some people it justifies same sex marriage, for others it holds a more conservative meaning. Personally I interpret the Fourteenth Amendment as a guarantee put in place by our founding fathers and drafters of the Constitution and Bill of Rights that grants individuals who are citizens the rights to be secure. Basically that being a lawful citizen should allow us the rights to be safe and secure in the knowledge that due process and equality are on our side and we may not be unfairly subjected to radical action by law enforcement or any member of the criminal justice system.
The Fourth Amendment is The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This should always be upheld and not taken for granted or superseded by things such as the USA PATRIOT Act.
The Fifth Amendment is no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Sixth Amendment is In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Both models that I have mentioned are effective in the criminal justice system in their own ways and both bring positive and negative aspects to the criminal justice system. I believe that it is never acceptable to treat criminals or defendants as second class citizens as we all have certain rights as human beings. The uniform treatment should always be innocent until proven guilty by a court of law, and ideally police officers should not pass judgment on the individual before he is give a fair trial. Unfortunately things do not always happen in a fair and correct way. That is why the Constitution and The Bill of Rights are so important to have and preserve as a guideline to basic rights that we stand for in this country. We cannot give up our freedom for the promise of false security, nor can we treat those citizens that choose to break the laws inhumanely, that would not say much about us as a country. Justice can be served in a honest righteous way.

Victims rights

2009-11-01T20:42:00.000-08:00

“Evil requires the sanction of the victim.” Ayn Rand

A victim is defined as anyone who is harmed by another person. The victim is sometimes swindled or tricked, harmed or killed, deprived of their belongings, there are many ways a person can become a victim. Victims have historically played some type of role in the criminal justice system.
The Modern Crime Victims’ Rights Movement began more than 30 years ago and aspired to improve the treatment of crime victims in the criminal justice system. This Movement has since evolved into “one of the most successful civil liberties movements of recent times.” Since 1973 thirty-three states have amended their constitutions to include rights of crime victims. These rights include, the right to information, the right to be present at criminal justice proceedings, the right to dues process and the ability and right to be heard at criminal proceedings. Victims also have the right to be compensated monetarily for the loss that was a result of the crime that they were the victim of, the right to protection and privacy for the victim and their family. The Victims' Assistance Legal Organization (VALOR) became prominent as its founder, Frank Carrington, helped to develop and promote civil litigation on behalf of crime victims. (NCVLI, 2009)
The victim’s rights movements in the United States have brought about some important and significant changes worth mentioning. The development of a field called Victim logy was established by these movements and the introduction of state victim compensation programs. The rise of activism and the woman’s movement accompanied the victim’s movement. The interest in victim logy correlated with increasing concern about crime in America in the late 1960s. The crime wave of the time led to the formation of the President's Commission on Law Enforcement and the Administration of Justice in 1966, which conducted the first national victimization surveys that, in turn, showed that victimization rates were far higher than shown in law enforcement figures – and that many non-reporting victims acted out of distrust of the justice system. (Young , & Stein , 2004)
The idea that the state should provide financial reimbursement to victims of crime for their losses was initially propounded by English penal reformer Margery Fry in the 1950s. It was first implemented in New Zealand in 1963 and Great Britain passed a similar law shortly thereafter. Victim compensation and reimbursement is a part of restorative justice in some ways to attempt to set right the victim that has been wronged and monetarily pay them back. Restorative justices generally comes directly from the criminal not through the state.
Parents of Murdered Children were founded by Charlotte and Robert Hullinger in 1978 in the aftermath of the murder of their daughter by her ex-boyfriend. Mothers Against Drunk Driving was co-founded in 1980 by Candy Lightner when her daughter was killed by a repeat offender drunk driver, and by Cindi Lamb, whose infant daughter was rendered a quadriplegic by a repeat offender drunk driver. According to Cindi Lamb, “Probably one of the foremost strategies is giving the victim a face, and the face of the victim was [in her case, her quadriplegic infant daughter] Laura Lamb. She was the poster child for Mothers Against Drunk Driving, because even though she couldn't move, she moved so many people.” The National Center for Missing and Exploited Children was established in 1984 to help find missing children and provide support to their families. (Young , & Stein , 2004)
Restorative justice is intended to be a process that heals the victim and is personal because it comes from the offender, the person who committed the wrongdoing against the victim to begin with. In 1974, LEAA grants to the Ft. Lauderdale Police Department and then the Indianapolis Police Department helped open this new sector of the movement. Others followed suit. Many of the police-based programs were inspired by the work of two men. Victim’s advocates are a fixture at almost all agencies now. The victim’s advocates are trained individuals that usually have a heart for assisting victims that have been traumatized by the offender.
The victims of crimes now have a voice and an advocate; there are many ways to deal with the aftermath of being a crime victim. There are agents and caring individuals willing to help victims and there are also the civil courts that will assist in seeking monetary awards for the victims of a crime. The criminal justice system has embraced the opportunity to help make the victim whole again in my opinion.

Plea bargins

2009-10-28T18:08:00.001-07:00

Plea bargaining is when a prosecutor offers the defendant in a criminal case the chance to plead guilty to a lesser offence and avoid sitting through a lengthy trial and possibly getting the maximum sentence if found guilty for the original charge. Plea bargains are good for defendants because the have the opportunity to negotiate an exact sentence that they will serve or in the case of a potential death penalty case if the circumstance is right they may be able to plea out of the death penalty in exchange for a life sentence. Recent legislative changes have led to an estimated 85 percent of nonviolent offenders being sentenced to some form of intermediate sanctions program, such as day fines, intensive probation services, electronic in-home monitoring or shock incarceration. Longer sentences and prison overcrowding led to a boom in building new jails and prisons in the '90, but about 10 years ago, fueled by the high costs of incarceration, a backlash developed against long prison sentences for nonviolent offenders. As public opinion began to change, more legislators were able to support alternative sentencing without fear of being labeled "soft on crime." Plea bargaining is relates to sentencing in the way that it does save the government and state if we avoid going to trial and can still reasonably punish the criminals. I am for the most part in agreement with plea bargains except in the cases involving heinous crimes against children and capital murder of course. Plea bargains are also usually the best bet for the criminal. The only problem is when the plea bargain is to lenient and the offender is available to re offend and hurts someone else because they got off on a lenient plea.

8th amendment

2009-10-28T17:06:00.001-07:00

"If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call."
John McAdams - Marquette University/Department of Political Science, on deterrence

The eighth amendment in constitution provides protection against excessive bail, excessive fines or cruel and unusual punishments. The eighth amendment is tricky when discussing capital punishment that is still practiced in the United States of America. The problem lies in the interpretation of cruel and unusual punishment. Some may argue that taking the life of another human being is cruel and unusual punishment and simply not something that man should be able to do to another man. There are religious and moral implications to this issue every time it is brought up. I consider myself a conservative, open minded Christian that is pro life but also pro capital punishment. That took several years for me to reach the conclusion that I did indeed support the death penalty. Regarding the eighth amendment and its impact on sentencing there will never be a consensus either way in my opinion. This is an issue that will remain divided until it is either outlawed or mankind goes extinct. The criteria for capital punishment are dependent on the severity of the crime and some argue that race or economic status plays a role I disagree with this. I think if executions were carried out more swiftly they would have more of a deterrent effect on society. The bottom line is that if an individual commits a crime there will be consequences, sometime that means the death penalty.

VICTIMS

2009-10-28T16:44:00.000-07:00

Victims are defined as anyone who has suffered a loss or been victimized by another person. This can be any number of things such as personal property loss or damage, physically being violated, assaulted, or murdered. The role of victim affects the criminal justice system in more ways than can be counted. Victims have a story to share at most times during the sentencing phase, and have an impact as most judges take into consideration the personal affect that a crime has had on a victim. The criminal justice system itself tries to prevent crime from occurring by putting laws in place and consequences to deter behavior hopefully preventing some victimization from ever occurring. In the origins of criminal law, the victim and the prosecution were identical. In all legal systems, however, the historical development has led to the establishment of an official prosecution, while the victim’s role has been reduced to that of a witness. Victims have certain rights within the criminal justice system, typically a crime is committed, law enforcement is notified, an investigation takes place where witness statements and victim statements are taken. The offender is usually arrested or charged at this point, the prosecutor evaluates the case, a preliminary trial is conducted and it is decide if the case will go to trial, if there is a trial that happens in superior court and victims usually give testimony. Victims have rights to information, protection, notice, privacy and prompt disposition throughout this whole process. Victim’s advocates are now a part of most all agencies and there function is to assist the victim of a crime that may not be familiar with the process of getting justice for the crime that has occurred. Victims are in some cases entitled to monetary restitution that can be sought and granted in a civil suit against the offender.

Victimless crimes.......ummmmm NO

2009-10-21T19:48:00.001-07:00

Public order crimes are those criminal acts that simply do not fit in with what society deems acceptable. These crimes are in opposition to moral beliefs and standards of action that most of us “good people” possess. Moral values are the commonly accepted standards of what is considered right and wrong. Public order crimes are widely viewed as harmful to the public good or harmful and disruptive to a community's daily life. Pornography is one thing, then there is the more serious behavior, paraphilia is sexual behavior considered bizarre or abnormal, such as voyeurism (spying on another for sexual pleasure) or pedophilia (sexual desire involving children). Now these are disturbing to me and most people I would guess but they are crimes that unless expanded on or acted or further that “don’t hurt anyone”. I find great fault with this theory, I think that in most cases these public order crimes do lead to bigger crimes especially dealing with lust and depravity. Sexual addiction for instance is a very real issue in today’s society and can lead a person down some dark roads. Some argue that victimless crimes such as prostitution, pornography, and illegal drug sales should be legalized then controlled and taxed like the sale of alcohol and tobacco. Those with a different point of view stress that there is no such thing as victimless crime. They argue that prostitution and pornography are degrading and often dangerous. Drugs destroy individuals and their families, often leading to thievery for drug money, and even death from drug overdoses. I have to agree that there is no such thing as a victimless crime, it spills over into the lives of us all. I do not think the decriminalization is the answer for crimes such as drug use or prostitution and what it always comes down to for me is the moral aspect involved in endorsing this behavior.

ASSET FORFEITURE

2009-10-21T19:47:00.001-07:00

The primary mission of the Department of Justice Asset Forfeiture Program is to employ asset forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society. Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals. The Federal Asset Forfeiture Program is normally used when a case does not meet the minimum requirements of the State Asset Forfeiture Program or when a district attorney is unable to file a forfeiture case. If federal and state legislature did not include asset forfeiture then the authorities may not be able to react quickly and cut off the criminal’s funding, the authorities can freeze the bank accounts of these individuals. All the proceeds from the sale of assets that are forfeited such as property, vehicles, and businesses and so on are then used by law enforcement to assist in better training and equipment. That sounds fair to me, if you don’t want your assets seized then obey the law. I think the main goal of these laws is to deter criminal activity and also make more resources available to law enforcement. Anti drug legislation has evolved over the years and changed. Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals

DUI DWI

2009-10-21T19:44:00.000-07:00

DWI/DUI crimes are defined as driving while intoxicated for DWI, and driving under the influence for DUI. This is not limited to consuming alcohol and driving this can include prescription drugs or any number of other mind altering substances. Also this is not limited to driving a motor vehicle but can include operating a bicycle, boat, airplane, wheelchair or even a horse. In the state of Arizona the BAC blood alcohol content is 0.08 and for the first offense the criminal is looking at no less than a 90 suspension of their driving privilege and no more than 1 year. In Arizona the vehicle can also be forfeited for a multiple offenses, which means the authorities seize the offender’s vehicle and most likely sell it. Arizona also participates in the interlock program that requires a device be installed in the offender’s vehicle and they must breathe into it to start the vehicle. The offender pays the 100-200 dollar installation fee and monthly fee of around 70 dollars to have this device in place. I think this sounds like a wonderful deterrent. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Administrative license suspension laws are in place in 41 states and the District of Columbia. A better solution to prevent these crimes may be to increase penalties and be harder on first time offenders. I think regardless of what measures we take people will always make bad choices and drinking and driving is a very common thing for some people that they do even on a daily basis. Also with the growing popularity of pill popping and recreational use of pain medicine it increases the amount of drivers that may be under the influence and behind the wheel.

Personal crimes analysis

2009-10-18T16:39:00.000-07:00

Personal crimes are crimes that occur on a personal level and affect the victim in a personal way. There are all different types of crimes that are considered personal. I am going to go over a few such as homicide, assault, battery, mayhem, rape and statutory rape.
Homicide is defined as a person who kills another person or the killing of one human being by another. First degree murder is a type of homicide and is premeditated and intentional. Mens rea refers to the intentional aspect of the crime, purposely or knowingly committing the murder. The punishment for first degree murder is almost always life without parole in prison or the death penalty. Felony murder is committed during the course of a felony that then results in someone’s death even though the death may have been unintentional. Felony murder is a strict liability crime and no mens rea is required. The next type of homicide is second degree murder. Intentional or unintentional are both types of second degree murder, and there is no premeditation in second degree murder. And lastly, manslaughter which can be committed voluntary or intentionally, or unintentionally which is involuntary manslaughter. Provocation and and heat of passion are two key elements that must be proven regarding manslaughter. (Emerson, 2009)
Assault is a personal crime that usually involves contact, or a confrontation between people. An assault involves an intentional, unlawful threat or "offer" to cause bodily injury to another by force; under circumstances which create in the other person a well-founded fear of imminent peril; where there exists the apparent present ability to carry out the act if not prevented. An assault can occur even without physical contact.
A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Offensive touching can also be considered battery. In assault and battery there has to be lack of one of the following privileges, consent, police conduct, self defense, defense of others, voluntary or mutual combat, defense of property, and merchant’s privilege. Words alone, no matter how insulting or provocative, do not justify an assault or battery against the person who utters the words. (Larson, 2003)
Mayhem is the infliction of violent injury on a person or thing, or assault with the intent to disfigure or maim. I can only imagine this to be a very personal crime. A person can only be charged with mayhem if he or she has intentionally, maliciously unlawfully removed or disfigured or rendered useless another person’s hand, finger, leg or ear and so on. This is a very serious felony charge and very much a personal crime that would require getting up close and personal with the victim.
Rape is defined as sexual intercourse without a person’s consent against their will. Rape is about control and a crime of great personal violence. Some states have expanded the definition of rape to include spousal rape and rape that was not forced but without consent. Lack of consent is a necessary element in all rape cases. Most states refer to rape as a sexual assault and there are four degrees of sexual assault. The laws known as shield laws were enacted in the 1970’s to protect the victim in a rape trial from her past being brought into the trial. I think this is important because it does not matter what type of past the victim has if she was violated and raped to the legal standard of rape then she was violated.
In accordance with the FBI definition, statutory rape is characterized as non-forcible sexual intercourse with a person who is younger than the statutory age of consent. The actual ages for these laws vary greatly from state-to-state, as do the punishments for offenders. Many states just refer to statutory rape as rape, and do not necessarily require sexual intercourse but only sexual contact will qualify. All states have an "age of consent," or an age at which a person can legally consent to sexual activity and can then no longer be a victim of statutory rape. There are also differences in the severity of criminal offense based on the age difference between the adult and the minor. The personal crime of statutory rape can be a traumatic event for the minor involved or not a big deal depending on the individual situation. Some cases may involve a young couple only a few years apart in age that are in love and one set or both sets of parents get angry and want a legal remedy that will force the pair to separate. Other cases may involve an older person taking advantage of a young person and could possibly scar the young person for life. (Burrell)

Robbery and Burglary

2009-10-13T21:11:00.000-07:00

Robbery is the taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation. Robbery is a crime of theft and can be classified as a larceny by force or threat of force. The elements of the crime of robbery include the use of force or intimidation and all the elements of the crime of larceny. The penalty for robbery is always more severe than for larceny. The force or intimidation must either precede or be contemporaneous with the taking to constitute a robbery. Violence or intimidation after the taking is not robbery. If, however, the force occurs so soon after the taking that it forms part of the same transaction, the violence is legally concurrent with the taking. Force or intimidation employed after the taking and merely as a means of escape is not a sufficient basis for a robbery charge. Burglary is the criminal offense of breaking and entering a building illegally for the purpose of committing a crime. To differentiate between these crimes I would say what sticks out is the breaking and entering into a building that goes along with the crime of burglary; this is not a required element in theft of robbery as it is in burglary. I don’t believe that I would make any changes to the laws regarding how the above crimes are punished. The different degrees of burglary are punished accordingly, for example a “simple burglary” is usually going to be a third degree burglary. The third degree is committed by a person knowingly entering or remaining unlawfully in a building with an intent to commit a crime therein. When the same offense is committed with explosives or deadly weapons, or when it results in physical injury to a person who is not a participant in the crime, it is burglary in the first degree, for which there is a greater penalty.

Crime and Technology

2009-10-13T21:10:00.002-07:00

An example of computer crimes is identity theft. Identity theft can be a devastating thing for anyone to go through and can have devastating effects that can last for years, with the individual having to clean up the criminals mess and reclaim their identity. I have never had to deal with this but can only imagine what a horrible ordeal it must be. High technology crimes are becoming more common a problem for law enforcement to deal with. Everyday patrol officers may encounter these high technology crimes by way of citizens reporting these crimes and having to take the initial reports. This is hard because there is not much that can be done regarding identity theft unless you know who the responsible individual is. Another technology crime could be “crashing” a computer remotely and having to deal with all the data on a personal computer being lost. I do not believe there is anything police can do regarding this crime. I have heard it mentioned in a previous class that hackers sometimes just crash people’s computers at random for no particular reason; this can be frustrating I am sure. The biggest challenge that law enforcement faces in the arena of technology crimes in my opinion is proving who committed the crime. I think that training can be provided in this area and improved upon, and of course as the technology advances the tools available to law enforcement will improve as well. Law enforcement has to constantly strive to stay one step ahead of the technologically advanced criminals that more than likely devote a good deal of their time to improving their criminal skills on the computer. As I have mentioned in previous classes I think it is not a bad idea to get these tech savvy criminals on our side whenever possible and it is not a greater threat to have them working for us.

Rape VS Statutory Rape

2009-10-13T21:10:00.001-07:00

The definition of statutory rape is illegal sexual activity between two people when it would otherwise be legal if not for their age. In accordance with the FBI definition, statutory rape is characterized as non-forcible sexual intercourse with a person who is younger than the statutory age of consent. The actual ages for these laws vary greatly from state-to-state, as do the punishments for offenders. Most states just refer to this as rape, and this usually means any sexual contact not just penetration. The word rape brings to mind a horrible violent act but according to the laws of most states it can be rape to for a young man age 18 to date and for example kiss and have contact with a 15 year old young lady. I have mixed feelings about this and don’t necessarily think that a young man should be labeled a sex offender for dating a girl slightly younger than him. The criminal act of rape impacts the criminal justice system by more volume of cases than there would be if we just recognized the actual criminal rapes, instead of the young people dating people that are still minors. In my opinion there is a huge difference between rape and statutory rape. The issue of consent is one thing to consider, some states have an age of consent which allows them to come to a certain age and then consent to sexual activity. It is not illegal to date someone who is a minor as long as there is no sexual contact; this is a good clean option for young people though not a very realistic option. Being the mother of 4 children 3 of which are girls I very much support abstinence, but when it comes down to it they will do what they choose and hopefully that is the right choice. I think it is very important to briefly teach our children the legal consequences of sexual contact with a partner that is under age or over eighteen.

One Flaw In Women

2009-10-11T15:48:00.001-07:00

One Flaw In Women

Women have strengths that amaze men.
They bear hardships and they carry burdens,
but they hold happiness, love and joy.

They smile when they want to scream.
They sing when they want to cry.
They cry when they are happy
and laugh when they are nervous.
They fight for what they believe in.
They stand up to injustice.

They don't take "no" for an answer
when they believe there is a better solution.

They go without so their family can have.
They go to the doctor with a frightened friend.

They love unconditionally.
They cry when their children excel
and cheer when their friends get awards.

They are happy when they hear about
a birth or a wedding.
Their hearts break when a friend dies.
They grieve at the loss of a family member,
yet they are strong when they
think there is no strength left.
They know that a hug and a kiss
can heal a broken heart.

Women come in all shapes, sizes and colors.

They'll drive, fly, walk, run or e-mail you
to show how much they care about you.

The heart of a woman is what
makes the world keep turning.

They bring joy, hope and love.
They have compassion and ideas.
They give moral support to their
family and friends.

Women have vital things to say
and everything to give.

HOWEVER, IF THERE IS ONE FLAW IN WOMEN,
IT IS THAT THEY FORGET THEIR WORTH.

Criminal Liability

2009-10-06T10:09:00.000-07:00

There is of course the defense of mental illness to pardon the defendant from culpability. Criminal liability, guilt can be attributed to an individual who acts “purposely,” “knowingly,” “recklessly,” or “negligently.” Statutes give additional definition to these concepts and set forth which mental state applies to a particular crime. Another defense is involuntary intoxication, as a result of intoxication which is not voluntary, the actor at the time of the conduct lacked substantial capacity to appreciate the wrongfulness of the conduct or to perform a material element of the offense, or lacked sufficient willpower to choose whether the person would do the act or refrain from doing it. I am not personally fond of this as a defense but I suppose that situation does happen. Another defense is that the subject was acting under duress, fearing harm for themselves or others and operating under the threat or reasonable fear of harm. Entrapment is another defense that suggests that the subject should not be punished because of the wrongdoing of the officer originates the idea of the crime and then induces the other person to engage in conduct constituting such a crime when the other person is not otherwise disposed to do so. Another defense is justification, whether the subject had the right to act such as a police officer acting within his job or use of force to protect one’s self or family, lesser of evils justification which required immediate action in an emergency situation. I think there may be a better way to handle criminal liability and how it is defended from a legal standpoint, there are many different defenses and the burden is on the state to prove the case so I believe the defendant usually have the upper hand if they are not guilty of the crime.

Mental illness in criminal defenses

2009-10-06T09:51:00.000-07:00

To be found culpable or responsible for commission of a crime you have to be able to form the criminal intent require by law. Mental illness is a defense that though often misused is a very real situation for some people.
I believe a great example of mental illness is David Berkowitz “Son of Sam” he claimed to be getting instruction from a dog to kill people. This man was perfectly capable of driving around and making detailed plans to kill others but that does not necessarily make him capable of legal intent.
The legal definition for insanity defense is a legal concept that a person cannot be convicted of a crime if he lacked criminal responsibility by reason of insanity at the time of commission of the crime. The medical definition is unsoundness of mind sufficient in the judgment of a civil court to render a person unfit to maintain a contractual or other legal relationship or to warrant commitment to a mental health facility. In most criminal jurisdictions, a degree of mental malfunctioning considered to be sufficient to relieve the accused of legal responsibility for the act committed.
An eight-state study reported in the Bulletin of the American Academy of Psychiatry in 1991 showed that the insanity defense was used in fewer than 1 percent of the cases of a representative sampling of the state courts. Only about a quarter of those insanity pleas were successful, even though 90 percent of defendants who made the pleas were diagnosed with a mental illness. And so the refinements and the controversy continue. According to JAMA, there are at least 100,000 insane people in this county. If they take to lives of crime, will they get away with murder?

Justification versus excuse

2009-10-06T09:37:00.000-07:00

Justification is the act of defending or explaining or making excuses for by reasoning. To justify is to meet certain criteria to explain actions. One of these criteria is there rationale present to believe one was defending property or loved ones, is the act in question justified? What is the relevance of the actor's intent in assessing whether his conduct is justified? Justification is often calling in to question the lesser of evils, almost all western legal systems accept self defense as permissible and therefore being justification for preventing harm to one’s self or loved ones. A distinguishing feature of justificatory claims, most Western legal systems require that the actor know and act on the circumstances that allegedly justify his conduct. An excuse is a reason alleged for the doing or not doing a thing. This word presents two ideas differing essentially from each other. In one case an excuse may be made in, order to own that the party accused is not guilty; in another, by showing that though guilty, he is less so, than he appears to be. People are sometimes excused for acts that are ordinarily considered crimes either because they had no intention of doing wrong, or because they had no power of judging, and therefore had no criminal will. Claims of justification rest on norms of society as a whole that create exceptions to the prohibitions of the criminal law. Excuses are different. Excuses derive from norms directed not to the public, but rather to legal officials, judges, and juries, who assess the accountability of those who unjustifiably violate the law. Excusing a particular violation does not alter the legal prohibition. Recognizing mistake of law as an excuse does not change the law; if the excused, mistaken party were to leave the courthouse and commit the violation again, he would clearly be guilty.

Jurisdiction

2009-09-30T18:52:00.001-07:00

Give an example of jurisdiction regarding the enforcement of criminal law? What is the relationship of the various jurisdictions (local, state, federal) as applied to criminal law? What would happen if jurisdiction was not clearly defined? Explain.

There are different jurisdictions for a reason, jurisdiction is the authority given to a legal body or to a political leader to adjudicate and enforce legal matters. The term is also used to denote the geographical area or subject-matter to which such authority applies. The different jurisdictions are local state and federal. An example of jurisdiction pertaining to law enforcement is a crime occurs in the state of Arizona and the suspect flees to California, the arrest warrant for the individual is issued. A regular patrol officer in California happens to have contact with the fleeing suspect and he makes an arrest. The patrolman from California then starts the process of extradition or handing the suspect over to Arizona authorities as the crime occurred in Arizona’s jurisdiction. My impression of the relationship between local state and federal agencies is that state and local usually get along fine and the federal is somewhat disliked by state and local. I have read about superiority issues with the federal level of law enforcement but I am not sure of this as a fact. What I have read previously is that the federal agencies such as the FBI like to come in and take over situations and “throw their weight around.” If jurisdiction was not clearly defined I am sure there would be more fighting than there already is regarding who is in charge and who is responsible in regards to criminal cases. The simple crimes and lesser offenses may be mismanaged along with the more serious crimes, it would be a mess without clear jurisdictional boundaries.

CRIMINAL LAW

2009-09-30T10:52:00.001-07:00

Criminal law is the body of law dealing with crimes and their punishment. Criminal law is a broad concept and for the most part means dealing with those in society that has broken the law and is therefore deemed criminals. Criminal can be used to define such a broad spectrum of offenses. Criminal laws are set in place by lawmakers to protect ... Read Moresociety and people that are obeying the laws established by our society. The constitution contains safeguards of our rights that were meant to protect the law abiding citizens of the United States, as the constitution assumes lawfulness. The back log of criminal cases is a tough issue to tackle or solve. The court system is overwhelmed as is the corrections system but there are few ideas to remedy that that everyone can agree on. Some of the minor offenses could be discarded and some say that legalization and regulation of narcotics may be part of the solution to the overload of cases. I tend to disagree; the position of drugs may be a losing battle but not something I feel we should abandon as it sends the wrong message to the children. Criminal law is going to remain overloaded in my opinion, the one relief I can agree with is to shorten the process of the appeals on death penalty cases. The process itself takes too long to be an affective deterrent anyways to other criminals. If we had a swift system of punishment in place this could potentially unclog the court systems a bit. The people that have already been sentenced to death should have that carried out pretty quickly.

The words i would say

2009-09-30T10:15:00.000-07:00

Three in the morning,
And I'm still awake,
So I picked up a pen and a page,
And I started writing,
Just what I'd say,
If we were face to face,
I'd tell you just what you mean to me,
I'd tell you these simple truths,

Be strong in the Lord and,
Never give up hope,
You're going to do great things,
I already know,
God's got His hand on you so,
Don't live life in fear,
Forgive and forget,
But don't forget why you're here,
Take your time and pray,
These are the words I would say,

Last time we spoke,
You said you were hurting,
And I felt your pain in my heart,
I want to tell you,
That I keep on praying,
Love will find you where you are,
I know cause I've already been there,
So please hear these simple truths,

Be strong in the Lord and,
Never give up hope,
You're going to do great things,
I already know,
God's got His hand on you so,
Don't live life in fear,
Forgive and forget,
But don't forget why you're here,
Take your time and pray,
These are the words I would say,

From one simple life to another,
I will say,
Come find peace in the Father,

Be strong in the Lord and,
Never give up hope,
You're going to do great things,
I already know,
God's got His hand on you so,
Don't live life in fear,
Forgive and forget,
But don't forget why you're here,
Take your time and pray,
Thank God for each day,
His love will find a way,
These are the words I would say

MY miserable life story as per my stupid counselor

2009-09-29T22:07:00.001-07:00

I cant shake all the anger i have for him the lost time the abandonment, the therapist brought up alot of hard things that i have been through today he is asking me to do a timeline of all the traumatic occurrences in my life, this hurts, my birthmom was 18 when she had me her parents took me away from her due to her bad choices drugs men ect I was given up for adoption at age 2 and brought to AZ . My parents couldn't have kids and i was pretty spoiled but i knew my adopted mother never wanted me....she hated me i think for being there she left my dad when i was 12 i think I was raped at 13 by a drunk 20 something guy when i snuck out and drank with a friend. I married my first husband was 4 yrs older and Arab i was pregnant with the 10 yr old and he wanted me to have an abortion but i didnt so he married me and he left when she was 4 months old, just left i came home from my great uncles funeral and found his wedding ring on the counter and that was that. He sees her on the weekend and pays child support so i guess i am lucky......I met my PA H when Jasmine was 1 yr old and i was in college, we met at a house party i was never supposed to be at, we had sex to soon and one night he trapped me in his room and tried to talk me into performing oral on him even though i did not want to and i ran off. We stayed together against everyone's advice and 3 yrs later i had our first daughter together my 2nd child ..............during the pregnancy my H choked me almost to the point of black out during the course of a fight, while i was 5 months pregnant with her my biological mom committed suicide and i went to clean out her place, I think she felt so guilty for being a horrible mom and leaving me and my 2 younger brothers i have always spent my life trying to prove i was nothing like her......our first daughter was 7 months old and my PA H was out of work and being a jerk in my home that i let him move into he tried to hold my child away from me and i bashed him over the head with a mikasa crystal picture frame and he was hurt bad, i knew i was wrong and regretted it right when i did it but i was arrested for domestic abuse, rightfully so. After that we seperated for a few weeks and he was gracious enough to let me try to get counseling and make it work. I became pregnant with our 2nd child together when the first was just over 1 and she was born we were doing okay i guess I got the call when she was 3 weeks old that my mom that raised me adoptive mom had died of breast cancer I had not spoke to her since my bio moms suicide and the last thing i asked my adoptive mom was " do u regret adopting me?" she said yes she was never meant to have a child. My stepmom the dentist that my dad married when i was18 was in the picture now and hated me as well. I got pregnant again when the 3rd baby was only 9 months old and it was finally a boy and i really wanted to be married before giving birth again i knew this would be the last child. I pressured my H to marry me and he gave in...........big mistake...........we married our son was born and 3 days later my stepmom died of breast cancer also. My father has also been battling cancer of the liver colon and pancreas it is E cell cancer since 1996 and it forced him to retire from dentistry. I have been through seeing him go through so much and scared to death everytime he has another procedure, fortunately he goes to the Mayo clinic 2 times a month and they keep him alive .........Then our son was just 4 months old and i knew something was up with the H and he seemed different he spoke of a new girl at work and i had bells going off at this time my dad was also in for another procedure and i was worried that might be the one that would take him I opened up to my H and said i am scared he reassured me and said i will never leave u or hurt u jamie.......a few nights later i am laying in bed with H and the phone rings it is a man and he tells me to be quiet he is going to help me and to listen carefully, he proceeds to play a voicemessage that is my husband's voice saying "hey baby she just left again I miss u I cant wait to see u tomorrow" I could see my H get up from bed and get real nervous. I am calmer than i ever thought i would be in this situation i asked him questions he said she was 23 and a stripper that took a position at his company and had 3 kids with 3 guys and that had not had sex or any physical stuff just he was confused and cared about her.......he immediately made it clear he "needed" to go see her and explain i am upset and told him if he left it was done ( our marriage) and i begged him to stay I knew on some level he would have sex with her if he left that night, he said he would be back in an hour and left me holding our son........he did not come back i spoke to him in the morning and asked if he slept with her he did 3 times with no protection...I let him come home and cooked him dinner WTF is wrong with me? He swears that was it and he never saw her again after that i kept talking to her on the phone and even found where she lived i spoke to her a few months after the night and she swears he had come back after that night. I am so numb and hurt I just want to get this out...........the porn is the icing on the cake after the affair i figured he would be humble and grateful, he was prideful and arrogant and still looked at porn not just porn but teen 18 barely legal always making me feel like i am not young enough good enough anyway..................we did counseling with my godfather who married us and was a christian fam counselor and pastor it did nothing and he still looked at porn up until june he claims a few times but whatever, I feel so dead inside and my current counseling is like ripping the scabs off of my whole damn life! I don't know what is up or down or right or wrong anymore i feel dead inside.

Where my help comes from

2009-09-29T20:50:00.000-07:00

I was sure by now,God, that You would have reached down
and wiped our tears away,
stepped in and saved the day.
But once again, I say amen
and it's still raining
as the thunder rolls
I barely hear You whisper through the rain,
"I'm with you"
and as Your mercy falls
I raise my hands and praise
the God who gives and takes away.

And I'll praise you in this storm
and I will lift my hands
for You are who You are
no matter where I am
and every tear I've cried
You hold in your hand
You never left my side
and though my heart is torn
I will praise You in this storm

I remember when I stumbled in the wind
You heard my cry to You
and raised me up again
my strength is almost gone how can I carry on
if I can't find You
and as the thunder rolls
I barely hear You whisper through the rain
"I'm with you"
and as Your mercy falls
I raise my hands and praise
the God who gives and takes away

I lift my eyes onto the hills
where does my help come from?
My help comes from the Lord, the maker of heaven and earth
I lift my eyes onto the hills
where does my help come from?
My help comes from the Lord, the maker of heaven and earth

He is a tool

2009-09-28T21:26:00.000-07:00

I am done with this he only cares about his rights and what access he will have to the internet i cant take anymore crap! he doesn't even get it .....he says "you will be happy without me" but the truth is i don't know how to be happy now he has done so much damage.....all the lies all my time he just wasted it....he took what should have been such a happy time for us and soiled it......I can't have it back.

Police job description

2009-09-24T20:03:00.000-07:00

The job of a police officer is a valuable position in our society. I will highlight the requirements that an individual must possess to hold this prestigious position. Certain criteria must be used as a standard in hiring individuals that are sworn to uphold the laws of our states. Police officers have a power that ordinary citizens do not have and must be of great character to be trusted with this power.
Currently most agencies require a GED or high school diploma as prerequisites for becoming a police officer. Higher education or criminal justice classes are considered a plus for those applying. I believe that candidates for the position of police officer should have at least a two year degree in general studies. The reason I feel that college is necessary is to provide the officer more education specifically in the area of writing. Most police officers must be able to write detailed legible reports. Most of the pertinent skills will be acquired on the job out in the field as a police officer. The lowest 10 percent earned by police and sheriff's patrol officers in 2004 was less than $26,910 and the highest 10 percent earned more than $68,880. (Montaldo, 2009)
There is no discrimination regarding male versus female officers, females have proven to be worthy officers throughout the years. An applicant for police officer should ideally be in good physical shape and take care of themselves. Certain tests may also be done such as a lie detector and personality and behavioral tests to ensure the applicant is not interested in becoming an officer for devious reasons.
A thorough background check must be performed on the applicant to make sure that the applicant does not have any serious offenses on their record such as drug charges or domestic violence. The average age for applicants falls between the ages of 20 and 35. A series of physical tests are administered during the hiring process. This is to evaluate an applicant's strength, endurance and dexterity. Examples of the tests includes timed pushups, sit ups, a 1.5-mile run, arm and leg endurance tests, a 75-yard 'pursuit run,' and a side-step test. (Montaldo, 2009)
There are many reasons that people are drawn to the role as a police officer, general disdain for the rule breakers in our society, continuing a family tradition, and upholding social order while protecting the public. The job description of police officer has many different duties and obligations that come with the job. Police officers are looked up to as role models by most of society and they are the first people we call when we are in danger. Police as a whole generally stick together and have a sense of brotherhood about them, they have seen things that the common citizen may never see.

Being a police officer is more than just a job, I believe it is a lifestyle that most officers hold in high regard. Officers are not only upholders of the law but public servants, which means they do what needs to be done and so often more than they are required to do. I cannot put in to words how much respect I have for these men and women that put themselves in harm’s way daily so I can be safe. I can go about my daily life knowing that if I need them they will be there and keep myself and my family safe. Being an officer is not a job for everyone, but it is important to teach our children to respect not only the laws but the men and women that uphold them.

feelings

2009-09-23T10:20:00.001-07:00

I can relate to a lot of that what should have been a happy time right after we got married turned into him sleeping with a coworker and me begging him not to go out the door holding our 4 month old son....I have a lot of anger he claims to have only been physically unfaithful that one night but i don't buy that, I can't explain why i don't other than woman's intuition, but i will never get that "honeymoon" phase of being newly married back it's soiled and the joy of finally giving him his son after we already had 3 girls........gone are those feelings and that time, the only positive coming to mind right now is that we are young he just turned 30 i just turned 29 and if we stay together there is more time to make new memories, but i will never have my time back there is no way around that

does anybody hear her

2009-09-23T10:10:00.000-07:00

She is running
A hundred miles an hour in the wrong direction
She is trying
But the canyon's ever widening
In the depths of her cold heart
So she sets out on another misadventure just to find
She's another two years older
And she's three more steps behind

Does anybody hear her? Can anybody see?
Or does anybody even know she's going down today
Under the shadow of our steeple
With all the lost and lonely people
Searching for the hope that's tucked away in you and me
Does anybody hear her? Can anybody see?

She is yearning
For shelter and affection
That she never found at home
She is searching
For a hero to ride in
To ride in and save the day
And in walks her prince charming
And he knows just what to say
Momentary lapse of reason
And she gives herself away

Does anybody hear her? Can anybody see?
Or does anybody even know she's going down today
Under the shadow of our steeple
With all the lost and lonely people
Searching for the hope that's tucked away in you and me
Does anybody hear her? Can anybody see?

If judgment looms under every steeple
If lofty glances from lofty people
Can't see past her scarlet letter
And we've never even met her

If judgment looms under every steeple
If lofty glances from lofty people
Can't see past her scarlet letter
And we've never even met her

If Judgement looms under every steeple
If lofty glances from lofty people
Can't see past her scarlet letter
And we've never even met her

Never even met her
(Never Even Met her)

(OHHHHH)Does anybody hear her? Does anybody see?
Or does anybody even know she's going down today
Under the shadow of our steeple
With all the lost and lonely people
Searching for the hope that's tucked away in you and me

Does anybody hear her? (Does anybody hear her?) Does anybody see? (Does anybody See?)
Does anybody even know she's going down today?
Under the shadow of our steeple (shadow of her steeple)
With all the lost and lonely people (Lost and Lonely people)
Searching for the hope that's tucked away in you and me
Does anybody hear her? Does anybody see?

He is running a hundred miles an hour in the wrong direction

WHY

2009-09-15T16:08:00.000-07:00

Why is he such a jerk, he is "not accountable" in his opinion and a "victim of his addiction" he makes me want to throw up. I am so sick of this junk...........I am really starting to wish I never met him and that is sad for me ......I have alot of anger still and just want something healthy for myself and my kids ...I dont know I just want somebody to tell me i dont have to stay with this jerk.

For Better or worse?

2009-09-10T20:25:00.001-07:00

I have made a decision I am married for better or worse whatever that means, I am really trying.......I have certain religious beliefs that demand of me to honor my vows even though my dear husband hasn't.......I don't know exactly something to do with long suffering and hopefully God will look at me and say I did the right thing and that is all that matters I know I am not perfect but my hope is this; I wish to work on all the damage created by the lies, porn and actual affair that he had. I wish to heal for myself and stay married to him, I wish for him to address his problems and start upholding his marriage vows; we will have to start over as friends and see what happens the damage has been going on for 9 years and will take time to overcome. I hope this is not in vain, time will tell.

How does the use of police discretion influence community perceptions?

2009-09-08T22:05:00.001-07:00

How does the use of police discretion influence community perceptions?

Police have the ability to make choices everyday that can have a positive or negative impact on an individual. Discretion is the freedom to act or judge on one’s own. To me that means there are obvious rules and guidelines but you must know by use of common sense which rules are flexible and which are not. Police officers are looked at with intense scrutiny these days and must always act in a way that is a good representation of their department, community and family. Now there are certain violations that may occur such as DUI or felony speeding that may require action to be taken by the officer making contact. There are more simple “mistakes” that individuals make where the officer could find it within his or her discretion to give a warning. For an average law abiding citizen just trying to go through life and maybe was going a bit to fast on the freeway or did not realize their tags were due for renewal the officer’s decision to use discretion and go easy may really make the person’s day. In turn improving the way that individual looks at police officers. Each officer is different and may have pet peeves about certain violations, community perceptions are important because the department wants the majority of the community to be supportive.

Police Officers Interviews

2009-09-01T20:42:00.000-07:00

On the day they had to fall,
they gave their all.
Wearing brown or blue,
they were protecting and serving you.
It started as just a simple call
and ended in tragedy.
"Officer down," the radio announced.
At the scene the brave man pronounced dead,
The killers had fled.
Another widow cries,
yet no one tries
to stop the killing
of these men and women willing
to risk their lives every day for you.
Always remember the law enforcement
that gave their all,
on the day they had to fall.
(Heckenkamp , 1999)

For this assignment I interviewed two officers on the Phoenix Arizona police force. I interviewed a male and a female officer.
Date: August 25 2009
Location of the Interview: Phone interview
Gender: Female
Age: 31
Race/ethnicity: Hispanic/white
Years of experience: 9
Rank: Officer
Education: 2 year degree in general studies
Type of agency: Maricopa County Deputy Constable
1. Why did you become a police officer? Did you find what you expected? Why or why not? The reason I joined law enforcement was the great deal of benefits, opportunity for promotion and advancement and the flexibility of my job. It is what I expected but there are a lot of politics involved in the agency.
2. What are the worst parts of your job and why? The position I hold now is different than the position I held at the beginning of my employment. Now I am an officer of the court, judges have signed orders that I have to carry out; there is a lot of confrontation and high emotion and stress involved in eviction and dealing with people at that low point of their lives.
3. What are the best parts of your job and why? I like contacting people and I am good at it. Fellow employees that are good at what they do make my job enjoyable. The flexibility of my schedule as a wife and mother is one of the best parts of my job.
4. Would you recommend policing as a career to others and why? I have before and still do, it is a good career that will always be in demand so it offers stability and security as well.
5. Based on your experience what level of education do you recommend police applicants should be required to possess? At least a two year general degree to prepare the potential officer for writing and public speaking. The police academy covers most of the on the job training that the officer will need.
6. Have you ever regretted becoming a police officer? Yes, but the feeling did not last forever. My friend and dear partner was killed on the job, it makes it hard and you have to stop and think about your own family.
7. How did your family feel about your decision to be an officer? My father was proud and my mother was a little apprehensive. My husband was completely supportive. Some family members and friends make a judgment based on what you do and somehow think that you have changed since you became an officer.
8. What advice do you have for a potential police officer? Always think of your own safety so you can make it home to your family. Stay physically and mentally healthy remember all the rules of officer safety and be a good role model. I want to make my children proud, my mom always told me to treat people as if you were dealing with your grandmother, be nice and thoughtful as well.

Maria is a great example of what an asset female police officers can be she is physically in shape very intelligent and seems to maintain a great balance of professional life and family life.

Date: September 1, 2009
Location of the Interview: Phone interview
Gender: Male
Age: 30
Race/ethnicity: Hispanic
Years of experience: 4
Rank: Patrol
Education: Some college
Type of agency: Municipal
1. Why did you become a police officer? Did you find what you expected? I became a police officer mainly due to family history it was a tradition I was expected to follow, it was all that I expected it would be.
2. What are the worst parts of your job and why? The worst parts of my job are when I see bad things happen to families or children, just tragedies that happen to good people.
3. What are the best parts of your job and why? Being able to apprehend people that are breaking the law and stop children from being hurt are the best parts of my job.
4. Would you recommend policing as a career to others and why? I defiantly recommend policing to anyone serious about helping others, the security and pay and benefits are also great.
5. Based on your experience what level of education do you recommend police applicants should be required to possess? Some college is probably enough.
6. Have you ever regretted becoming a police officer? No
7. How did your family feel about your decision to be an officer? My family was all supportive and proud of my decision to become a police officer. My mom is already used to the lifestyle of a police officer’s family she dealt with it for years with my father being an officer.
8. What advice do you have for a potential police officer? Gaining a lot of life experience before becoming a police officer will benefit you in the future, make sure you are willing to work with others.

Officer Ortega sounds like a great police officer as well though I have never met him. Ortega sounds like he has a pretty set plan for his career in law enforcement. The areas where Maria and Ortega differ are in years of experience, required education, and gender. Maria has more years of experience under her belt which may make her perception of her job different. Maria has also lost a partner which could have influenced her in a negative way but did not. The required education that Maria recommends is more extensive than Ortega’s recommendation. I have to agree with Maria on the education, I feel that at minimum the applicant should have a two year degree in college. The rest of the necessary skills can be learned at the academy and on the job.
This assignment was a great insight into the thoughts of police officers for me. I have always had a great deal of respect for officers, just the amount of emotional pressure they must be under seeing things that the general public does not want to see or deal with. Police officers take on the task and oath to protect us and uphold the laws. Some people see officers as the “bad guys” that are going to write them a ticket or give them an attitude, but for the most part I believe that people who become officers do it for the right reasons. Their jobs require a lot of sacrifice and dedication to the laws of our land and citizens as well.

Why are policy changes so difficult for police agencies to accomplish?

2009-09-01T10:14:00.000-07:00

The text states that policy change is both desirable and imminent, but why is difficult to accomplish? The rationale for the policy change is what is often hard for the officers to understand. This is due partly to the lack of input the officers have in suggesting changes to policy. I think a lot of confusion about changes in policy and resistance towards it could be alleviated with proper communication within the department. For example, making all levels of officers feel involved in changes by some message center within the precinct that everybody has access to and letting even the beat officers know when changes of policy are being considered may make them feel like they have some input. I think letting the immediate supervisors represent the officers is a great idea. I am not in favor of the utopian style voting method, but I do believe the quality circles would benefit the individuals mostly affected by policy changes. Lastly, the implementation of policy changes needs to be done in a way that all levels of employees understand what the new policy is and what is expected from them so they may perform their job correctly.

Police Role in the Media

2009-08-30T11:37:00.001-07:00

The role of social servant is a compassion filled empathetic role, police chaplains are not usually the focus of the media’s attention. Police chaplains provide emotional support and assistance to not only the police officers but victims as well during crisis. When an accident or crime occurs the police officers that respond need to use their skills and resources to figure out the crime scene and collect evidence and write reports. Police chaplains help notify family members and act as emotional support during the initial grief of hearing a loved one has lost their life or even taken their own life. "If we can help that family within the first hour, it helps with the grief process," Petty said. ""Even if they've had another death, they're facing something at that moment they've never faced before. On average, chaplains respond to anywhere between 50 and 75 calls a year for the department. That's more than one call per week. (Hansen, 2009)
It takes a special individual to become a social servant; the role itself can take an emotional toll on the individual. Chaplains respond to a variety of different emotional situations at any given hour of the night. Sometimes the officers responding to the scene even need to borrow the strength of the chaplain if the scene touches a personal area for the officer. I believe that chaplains are valuable tools for law enforcement officers regardless of religious preference or even preferring no religion at all the chaplain can provide a soft friendly shoulder to lean on in a time of crisis.
Order maintainers are ones who uphold and maintain, regarding law enforcement the order maintainer brings to mind the “sheriff of the land” in my mind. There is one man that readily comes to mind for me, Sheriff Joe Arpaio of my own area in Maricopa county Arizona. Arpaio has been called the toughest sheriff in the U.S. but he is not exactly winning popularity polls. Civil libertarians throughout the whole country have some sort of bone to pick with Arpaio mainly due to his tough stance on cutting costs while effectively incapacitating criminals. Sheriff Joe presides over the largest county in the U.S. and does not apologize for his efforts to maintain order. Our dear sheriff does not want inmates to enjoy anything while incarcerated, he is somewhat famous for his tent city where he has the inmates stored in tents versus a traditional jail cell.
The sheriff lives the old adage, "If you don’t want to do the time…don’t do the crime" which coincidentally can be seen in his office behind his desk. I think it is wonderful and if America had more order maintainers similar to Sheriff Joe Arpaio we would be far better off. Arpaio knows it is his job to maintain order and most efficiently carry out the sentences that his inmates were handed for crimes they were already convicted of. Arpaio is a tough guy interested in carrying out justice. I believe he is doing a great job, inmates have basic rights and Sheriff Joe meets those rights just fine. (24seven, 2005)

A crime fighter is a person who as a law enforcement official or government employee works to prevent crime and enforce laws. The gender equality in police forces has been an issue for years. Can women be just as good as men in the arena of crime fighting? I believe the answer to that is yes. The obvious disadvantages are height and weight and lacking upper body strength for women, but women are tough in their own ways. “Before we go any further with this issue let us get the ridiculousness out of the way. Whether you believe these studies or not, the truth is that whatever your naturally assigned gender, it absolutely doesn’t limit you as an individual from growing and learning and overcoming and adapting.” (Gennon, 2006)
Women have fought hard to have the right to occupy certain roles within law enforcement and I believe that woman is a great asset to police force as a crime fighter. Women bring many things to the table, a softer side to relate to as well. Communication is at times easier for women. One of the areas where the biggest differences have been found lies in what scientists call "spacial ability", which is the ability to picture things, their proportion, shape, position, and geography in the mind's eye. While the male brain gives men the edge in creating three dimensional objects out of drawings, reading maps, and finding their way around a neighborhood, the female brain tends to be organized in order to respond more sensitively to all sensory stimuli. This is very interesting to me and suggests that women as just as capable as men to be crime fighters.
A crime preventer is law enforcement, government employee or even active community member that takes an active role in minimizing victimization and crime from occurring. A great approach to crime prevention is to see a problem, come up with a solution that will in effect prevent more of that same crime to occur. Arizona has been the primary entry point for illegal immigrants from Mexico for at least a decade. Federal officials plan to start construction within weeks on a new "virtual fence" along the U.S.-Mexico border that they say could almost completely cover the nearly 2,000-mile frontier within five years. (Rotstein , 2009)
This is a great way to proactively fight crime and possibly prevent it. While I do agree that illegal immigration is not the worst crime that we could focus on the impact of illegal aliens in substantial. The Federal government spent $1.43 billion to incarcerate criminal aliens in fiscal 2004. This total includes $280 million of reimbursements made to state and local governments under the State Criminal Alien Assistance Program [SCAAP]. But SCAAP funds cover less than 25 percent of the full cost of incarcerating criminal aliens in state and local correctional facilities, according to the GAO. The average criminal alien was arrested for 13 prior offenses. (Rubenstein, 2005)

lonely

2009-08-26T21:08:00.001-07:00

I am really lonely right now.........I hate that he messed stuff up and I have to suffer physically by not having any intimacy and feeling kind of depressed about it the whole thing is a mess............I never see him anymore cause he works 7 days a week now so I guess that is good part of me feels bad for him but I can't get past all he has done or can I and I am just going about it wrong? IDK!!!! I feel like I am losing my strength maybe it is because I haven't been reading the Bible? I feel so lost and alone right now............what is the purpose of this storm I am going through.......every time I start to feel bad for him I remember the day after his affair and he was with that nasty stripper and he said these words I will never be able to scrub from my brain " You just don't understand what she(stripper girl) has been through in her life and how bad she has had it" WTF .......This was like 6 months after giving birth to his son too! I don't know what to do with all this anger it is killing me can I really forgive him for my sake or is this just a waste of time to even try to fix........once a cheater always? I don't know

What must be done to reduce or alleviate the role of conflict in policing?

2009-08-26T21:07:00.001-07:00

What must be done to reduce or alleviate the role of conflict in policing?
I believe that the conflict in policing exists on many different levels and in some way always will. The people expect so much from officers and rightly so, they have taken a job which is dangerous and at times very isolating. Police have a duty to preserve the peace, protect lives and property. Along with all of these obvious responsibilities the police also have to cover themselves. By that I mean liability issues, internal conflict, external conflict, the more I study officers the more gratitude I have for these special people because I don’t envy their job one bit. The public has the image of a police officer as someone chasing down criminals or making the big busts, but actually the officer is far more complex than just that. The officer of the law today is a counselor a fellow citizen trying to help hopefully and spends a good amount of time doing paperwork. Conflict resolution is part of the officer’s job, I can’t think of a whole lot of things that would make conflict not a part of an officer’s job. As far as alleviating stress proper training could absolutely make the officer’s job easier to deal with.

Whats next?

2009-08-24T17:02:00.000-07:00

Still separated...... just kind of on the fence as to what to do in this marriage, I don't know if I love him anymore...... My pastor's wife said to keep it together for the kids, he hasn't got professional counseling yet like I asked him to......instead he goes online at daily strength and chats with women who sympathize with his "plight" he is a douche that is all there is to it ....he just told me last week "you shouldn't have intellectual conversations with men" men being guys from my college class that I am in no way attracted to and have never met, I don't know what to do anymore, I still feel very spiritually disconnected and like I am just wandering aimlessly

Socialism and the Proffesor

2009-08-12T21:51:00.000-07:00

An economics professor at a local college made a statement that he had never failed a single student before,
but had once failed an entire class.

--------------------------------------------

That class had insisted that Obama's socialism worked and that no one would be poor and no one would be rich, a great equalizer.

The professor then said, "OK,
we will have an experiment in this class on Obama's plan".

All grades would be averaged and everyone would receive the same grade so no one would fail and no one would receive an A.

After the first test, the grades were averaged and everyone got a B.
The students who studied hard were upset and the students who studied little were happy.

As the second test rolled around, the students who studied little had studied even less and the ones who studied hard decided they wanted a free ride too so they studied little.
The second test average was a D!
No one was happy.

When the 3rd test rolled around, the average was an F.

The scores never increased as bickering,
blame and name-calling all resulted in hard feelings and no one would study for the benefit of anyone else.

All failed, to their great surprise, and the professor told them that socialism would also ultimately fail because when the reward is great, the effort to succeed is great but when government takes all the reward away, no one will try or want to succeed.

Could not be any simpler than that.

DRUGS are BAD emmmmmmmkkkkkk

2009-08-11T21:38:00.000-07:00

Would the association between drugs and crime disappear if drugs were either legalized or decriminalized?

I believe not, people are always going to abuse substances legal or not. The government would benefit from being able to tax the drugs but there would still be crime. The crime would just mostly be in the form of stealing to get money for the “legal” drugs. Also the misdemeanor population in prisons would decrease but the felonies may increase. I may get some flak for my opinion but we have to stick to our guns on the position of drugs, I realize what we are doing now is not working and hasn’t been working but drugs are bad the alter a person’s ability to drive, think and be productive. We cannot take the position that that is acceptable because it simply is not. I am personally surprised the government has not already made some drugs legal to benefit from the ability to tax them. I just don’t think that is a good message to send our children, I experimented a bit but luckily I didn’tt destroy my life. Drugs defiantly have the potential to ruin lives and people are going to do them on some level legal or not

Data comparison between Phoenix and Chandler

2009-07-26T15:58:00.000-07:00

“Home to an estimated 3.7 million people in 2007, 334 people were murdered in Phoenix's Maricopa County in 2006 giving it a murder rate of 9.01 murders per 100,000 people.” (Gabrielson, 2009)
The FBI’s Uniform Crime Reporting (UCR) Program defines murder and nonnegligent manslaughter as the willful (nonnegligent) killing of one human being by another. (FBI UCR, 2006) I am comparing the occurrence of murder and nonnegligent manslaughter in the year 2007 between two Arizona cities, Phoenix and Chandler.
In the year 2007 in the city of Phoenix the amount of violent crime that occurred were 11,159 incidents, of that 213 were murders. In contrast, Chandler, Arizona had only 823 violent crimes and only 9 reported murders. These two cities are only a half hour freeway ride away from each other but drastically different when it comes to violent incidents and murder.
When looking at the data from the year prior, 2006 obviously the rates have dropped or stayed the same. In 2006 in Phoenix the violent crime rate was higher at 11,194 and number of murders was higher as well at 234 murders reported. In 2006 for Chandler, the violent crime reported was 959 and the same amount of murder at only 9 murders reported.
“The Maricopa County Sheriff's Office announced Thursday that homicide in its jurisdiction dropped by 28 percent in 2008. In 2007, the sheriff's office documented 32 murders, but only 23 were recorded last year. MCSO serves more than 300,000 residents, primarily those living in small towns and the county's rural stretches. Cities that have their own police departments are not included in the crime statistics, though they are within the sheriff's jurisdiction.” (Gabrielson, 2009)
Many different factors may exist for certain areas having higher rates of crime than others; one of those reasons is illegal immigration in my opinion. In Phoenix Arizona high numbers of illegal immigrants make their homes here to work. I do personally believe that a good deal of the crime is committed by people who are not in our country legally and Phoenix Arizona where I live is very close to the border of Mexico.
“A Tribune investigation last year found that during 2006 and 2007 - the first two years that the sheriff's office conducted operations targeting illegal immigrants - emergency response times slowed dramatically and arrest rates plummeted. The sheriff's office also reported steep increases in homicide, robbery and aggravated assault during that span.”
"What this will do is create in Mexico a cesspool of America's worst Mexican offenders," said Robert Locke, assistant chief of the extraditions unit in the San Diego County district attorney's office. "Justice is being prevented from happening in our communities because any Mexican facing a death sentence or life in prison will be kept down there. It's almost something you don't want to talk about because you would not want word of it spreading among criminals."
Unfortunately, many people who are in the United States illegally can get away with murder if they are Mexican citizens and make a run for the border after committing their crimes. American scholars who study Mexican foreign policy say they don't expect the extradition issue to be resolved soon.
I have personally lived in both cities of Chandler and Phoenix Arizona and do believe in a matter of time Chandler will be affected more by the illegal alien population. The process of extraditing a Mexican citizen from Mexico is nearly impossible.
The population difference between Phoenix and Chandler is another factor that may explain the difference in crime occurrences, 250,868 was the number of residents in Chandler for 2007 and 1,541,698 in Phoenix for the same year. That is quite a difference. Another possible factor is median household income which was $70,456 in chandler for 2007, and only $48,061 median income for Phoenix residents.
In my opinion safety is a desired feeling but in the state of the world, regardless if you live in Chandler or Phoenix you need to be aware of your surroundings at all times. Bad things can happen no matter where you live or visit so find a happy medium of safety, not to on edge or paranoid, but don’t think it can’t happen to you either. Americans generally have one chance in 133 of being murdered in his or her lifetime, according to the Government's first study of the risk of violent crime. (2009)

Social responsibility my ass.............

2009-07-22T22:51:00.001-07:00

Examine the most common reasons for not reporting crimes to the police. Discuss how these illustrate either the social problems or social responsibility perspective.
There are many reasons that people fail to report crime. Insurance rates usually go up if we are talking about property damage. Domestic issues are kept quiet when possible and there are many people that engage in mutual combat. Fear, shame, guilt, can all be reasons that people fail to report crime. Social problems perspective is saying that people are not actually responsible for their problems, and that society should have prevented their problem. Social responsibility theory says that individuals make choices to commit crime, and have to take responsibility instead of blaming lack of programs available to them. Personally I think that the social problems perspective is just a cop out. People need to make a choice to do what is right despite of their circumstances or what is available to them, you have to fight and be the example that no matter what you are born into you can still do well. I cannot stand when people want to waste their whole life talking about their mother did this and their friend made them try drugs, take some responsibility in what your future holds, change things do better than all the people thought you could just because you can. Otherwise be that same old person at the end of your life talking about what you could have done if others would have just done this or that.

Hallelujah anyways...............

2009-07-19T16:45:00.000-07:00

Despite my situation I still feel God he never really leaves... My baby Isabella was sick and I had a very profound moment when I knew I could not control the situation and I said God your will be done. That is a scary situation to be in but I know God does do everything for a reason. I was questioning my spirituality before and my connection with God because of the situation with my husband. I am not saying God made me go through the sickness with my daughter to be malicious because God is not malicious, but he will seek you and do what it takes to pursue people and sometimes that means we have to go through things, this life is very temporary and no matter what happens that isn't fair or hurts me .......Hallelujah anyways that is the highest praise!

Death Penalty Paper

2009-07-08T22:15:00.001-07:00

“In the United States, about 13,000 people have been legally executed since colonial times.” (Robinson, 2009)
The death penalty goes back to eighteenth century B.C. in the Code of King Hammurabi of Babylon. The death penalty was punishment for all crimes during this time; the method was less than humane and was carried out by drowning, crucifixion, beating to death, burning alive, or impalement. In Eleventh century A.D. William the Conqueror would not allow anyone to be hanged except in the case of murder. In the year 1608, Captain George Kendall is the first known person recorded to be executed in the colonies. In 1632, Jane Champion is the first woman to be executed in the colonies.
In the famous essay by Cesare Beccaria in 1767 On Crimes and Punishment; he theorizes that no justification can be found in taking a human life. Beccaria was very much concerned with punishment being given only when the social contract was violated to ensure others abide by the rules. Beccaria argued that criminals must be judged on not their intent but the degree of injury the criminal caused. He believed that punishment was a tool to prevent future crime from occurring. Beccaria said that crime should be prompt, public, necessary, the least possible in the given circumstance and dictated by the laws. Beccaria was in the classical school of thought and considered a contemporary in his time, he believed that criminals could control their behavior and choose not to commit crime and could be deterred.
In the late 1700’s the abolishment movement begins in the United States. (DPIC, 2009)By the early 1800’s in the United States the penitentiaries are being built and the states are reducing their number of capitol crimes. In 1834 Pennsylvania is the first state to move executions to the correctional facilities. In 1890 the first man is put to death by electrocution in Michigan. His name was William Kemmler and his lawyer did appeal citing that electrocution is cruel and unusual punishment. (DPIC, 2009)
The early 1900’s marked the beginning of the “Progressive Period” of reform in the United States. The Progressive Era was a busy time the history of our country, everyone came together to make a better society in which to live. During this period of change nine states abolished the death penalty for all crimes or strictly limit the use of the death penalty. By the 1920’s-1940 the abolishment movement was losing support in America. In 1924 cyanide gas is introduced as a form of execution. By the 1930’s executions reached an all time high in American history of about 167 executions per year. In the year 1948 The United Nations General Assembly adopted the Universal Declaration of Human Rights proclaiming a "right to life.” (DPIC, 2009)
The death penalty was suspended during the summer of 1972, the case of Furman v. Georgia. Supreme Court effectively voids 40 death penalty statutes. The death penalty was reinstated in the 1976 case or Gregg vs. Georgia. Each state could individually decide if they wanted to practice the death penalty after this point. In 1977 Oklahoma becomes the first state to use lethal injections as a method of execution. In 1982 Charles Brooks becomes the first person put to death by lethal injection. In 1998 Karla Faye Tucker was put to death after many appeals and pleas for her sentence to be commuted to life from the pope and other religious leaders. In November of 1998 over 30 various inmates that were at one time on death row came together they had all been freed because of their innocence. The majority of these people had been freed on new evidence from new scientific techniques. (DPIC, 2009)
The Religious majorities in the United States from what I have gathered are the Catholics; they do not support the death penalty. The Judah Christian population do support the death penalty based on scripture from the Old Testament. The Church of Jesus-Christ of Latter-day Saints and the Assemblies of God has not taken an official position on the death penalty. The Amish have historically been the most opposed to the death penalty.
“Anyone who strikes a man and kills him shall surely be put to death.” Exodus 20:12. “If any one of you is without sin, let him be the first to throw a stone at her” (John 8:7). This should not be used to indicate that Jesus rejected capital punishment in all instances. Jesus was simply exposing the hypocrisy of the Pharisees. The Pharisees wanted to trick Jesus into breaking the Old Testament law; they did not truly care about the woman being stoned. That is confusing to me if Jesus supported the death penalty or not.
Romans 13: 1-2 states, “Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves.” The Bible states several times that Christians are to stay out of political issues. The Bible is conflicting on the issue of death penalty in my opinion, it tells us “eye for an eye” and then “love your neighbor” this makes it hard to come to a definite conclusion regarding what the Bible supports.
In 1994, President Clinton signed the Violent Crime Control and Law Enforcement Act that expanded the federal death penalty to some 60 crimes, 3 of which do not involve murder. The exceptions are espionage, treason, and drug trafficking in large amounts.
In January of 1999 Pope John Paul II visited St. Louis Missouri and called for an end to the death penalty. Amnesty International believes that "The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state in the name of justice. It violates the right to life...It is the ultimate cruel, inhuman and degrading punishment. There can never be any justification for torture or for cruel treatment."
Most of the democratic countries in Europe and Latin America have abolished capital punishment over the last 50 years, but United States, most democracies in Asia, and almost all totalitarian governments retain it. The eighth amendment of the United States of America guarantees protection from cruel and unusual punishment and many people argue that the death penalty is cruel and unusual. In the case of Roper V Simmons the United States Supreme Court ruled that individuals under the age of 18 when a crime was committed could not receive the death penalty because in was considered cruel and unusual punishment. (Robinson, 2009)
In February of 2008 the Nebraska Supreme Court ruled that electrocution could not be used because it was cruel and unusual punishment. During the process of death by electrocution, it is unknown what truly happens to the human body. I agree that electrocution is cruel and unusual punishment and should not be practiced. Benjamin Franklin said, "It is better 100 guilty Persons should escape than that one innocent Person should suffer.” This statement makes a good point, what about those that are innocent? I realize that there may be innocent people in jail sentenced to die, and hopefully they will be cleared by evidence. The DNA evidence and different scientific evidence has progressed so much in the last decades that the judicial system can now sentence a person to the death penalty with a degree of certainty that they are guilty of their crimes. Erikson, J (2006)
In June of 2002 the landmark decision was handed down by the Supreme Court ending the execution of people whom are mentally retarded. In Atkins v. Virginia, the Court upheld it is a violation of the Eighth Amendment ban on cruel unusual punishment to execute death row inmates with mental retardation. (DPIC, 2009)
In the state of Arizona Between April 1962 and April 1992, no executions were performed. Six aggravating circumstances can be considered in deciding whether or not to impose a death sentence in the state of Arizona. Currently 123 inmates sit on death row in Arizona, 86 are Caucasian. Of the 123 inmates on death row only two are female. A total of 23 inmates have been executed in Arizona since 1992.
My recommendation as a consultant to the Department of Justice in the state of Arizona is to continue to use the death penalty. I find that the death penalty is a 100% effective guarantee that the sentenced criminal will not commit crime again. Death penalty would be more of an effective deterrent to other criminals if the sentence was carried out in a timelier manner.

The death penalty provides incapacitation, justice, and deterrence. I recommend that the steps to shorten the appeal time be taken and make the death penalty be a swift punishment. Some may argue that the death penalty in unconstitutional, I disagree. The eighth amendment states that citizens of the United States of America are protected from cruel and unusual punishment.
This is not a valid argument in my opinion because the constitution assumes lawfulness on the part of the citizen; this means that if one is obeying the laws most likely won’t end up in the defendant’s seat. The methods of carrying out the death penalty are quite humane. The death penalty offers a permanent guarantee that the convicted criminal will never escape or murder prison staff or fellow inmates. There have only been 8 people freed in the state of Arizona from death row, and this did not mean they were innocent specifically, just that they were no longer sentenced to death.
The benefits of the death penalty far outweigh the negative aspects. Death penalty being carried out lastly provides the victim’s family with closure and end to the ongoing appeals process. I predict that the death penalty will be around for many years to come and will grow more efficient being carried out. Society may never agree that the death penalty is right to carry out, but is a means to an end.

Blank

2009-07-08T14:33:00.001-07:00

Today is AJ's birthday that is happy,....I just feel blank today

Today just started

2009-07-07T08:35:00.000-07:00

I still can't even read the bible right now.....this is what bothers me if there is a God my God who I have always felt until this situation arose then why does my God allow this in fact why does he allow all the bad thi9ngs to happen? I was taught that nothing happens without God allowing it, He has a plan for everything right? Well what is his plan for me? I am supposed to continue to stand by my husband and ignore the fact I feel nothing towards him right now? I think I am very angry at God right now for allowing this....I just wanted to get married to a "normal" man that I could have a "normal life" with and have a bunch of "normal" kids what the heck is wrong with that......I am numb and angry and wish he could start counseling right away not wait until the 14th and he works a lot so i don't even know he is here except the hour he is here in the afternoon but he leaves early and comes home late and for that I am grateful. I feel so disconnected right now

First appt

2009-07-06T10:15:00.000-07:00

He has the first appt on the 14th of July with a professional!!! so that's good and I am happy for him but I still don't know how I feel about him and whats going to happen......he is sleeping on the couch and he offered to find a place but even a cheap place is just not going to work right now I am really angry because I don't know how much this counseling is going to cost either ......for someone who preaches such high moral standards and how our country is getting to far away from our moral foundation....then he goes and looks at teenage girls doing nasty stuff HYPOCRITE !!!!!

whatever I am not God so I shouldn't judge him but he really makes my skin crawl, I still feel spiritually disconnected from God at this time which is a bad feeling usually when I go through trying times

Today

2009-07-03T08:35:00.000-07:00

It is the day before fourth of july, one of my favorite holidays, we all dress the same get a picture taken and talk about how great our country used to be and how to fix it. I am a little depressed today....feeling a little sorry for myself why can't I have a normal life with a normal husband is this my testimony? am I supposed to help people struggling with addiction to pornography? Do I stick this out and fulfill my commitment to God? I had a beautiful wedding and remember speaking my vows and being so proud to be his wife and so proud to have God watching over our marriage.........I promised to be Jeremiah's wife in front of God thats kinda weighing heavy on me today......even though I hate him God I have to put on a show or what? I don't know maybe I am to logical because statistically if I stay in this marriage he will do it again and again and it will get worse I may get a disease or worse.......... my kids will have keep seeing me upset......... I don't know I want release I can't wait to go to work tonight I might sleep at Tiffany's he slept here last night and respected my boundaries and stayed away, I didn't even see him.

the steps of porn addiction

2009-07-02T19:01:00.001-07:00

1. Early exposure. Most guys who get addicted to porn start early. They see the stuff when they are very young, and it gets its foot in the door.
2. Addiction. Later comes addiction. You keep coming back to porn. It becomes a regular part of your life. You're hooked. You can't quit.
3. Escalation. After a while, escalation begins. You start to look for more and more graphic porn. You start using porn that would have disgusted you when you started. Now it excites you.
4. Desensitization. Eventually, you start to become numb. Even the most graphic, degrading porn doesn't excite you anymore. You become desperate to feel the same thrill again but can't find it.
5. Acting out sexually. At this point, many men make a dangerous jump and start acting out sexually. They move from the paper and plastic images of porn to the real world.

I am sooooo mad right now

2009-07-02T16:03:00.000-07:00

I let him come see the kids....he was talking to me with an attitude..he is supposed to be staying here because I can't find any other place for him to stay and I am so frustrated what can i do i almost want to leave my home because i can't stand the thought of being under the same roof as him..... i am looking into hotels or rooms for rent for him....he has an attitude of self entitlement WTF I have gone through it for 9 years but i am supposed to be supportive still....i am all tapped out..... I can't take his minimizing bullshit!!!!!!! IT IS NOT OKAY he has the nerve to tell me to keep my mouth shut and he doesn't want the embarrassment....this ISN'T MY FAULT!!!!!! HOW EMBARRASSED AM I THAT MY HUSBAND IS A FREAKING PERVERT.........God help me right now

This isn't what I want

2009-07-02T08:35:00.000-07:00

I woke up today starting to feel better about the possibility that this was going to turn out good. He has been staying out in chandler my dad has a huge house and lives alone. I didn't tell my dad why jeremiah needed to stay there my dad said he could stay. Now my husband calls me this morning and says he let my 20 yr old stepsister in last night....now my dad is in PA until the next week and I am thinking this is not acceptable for someone who has these problems to be around my young stepsister, so I don't know what to do..... that is his age preference and I don't trust him.....I told him that he can stay on the couch here and he is like I want to sleep in my own bed.....i don't want that we have a large living room he should sleep there or just go away and never be heard from again....god i am feeling dark today

can counseling help

2009-07-01T16:38:00.000-07:00

I don't know if counseling can help, I am skeptical and hopefull, is this going to be my cross to bear, I keep praying for God to release me........from my marriage to say it's okay to leave it in the dust.......... If I walk away and it's against God it is ME breaking the marriage covenant, but hasn't my husband already broken it again and again and again? I can't feel God right now I feel dirty, ugly and a little depressed at best. I don't want to be married tto someone who can look me in the face and lie........this man doesn't bat an eye.... I know him so well and I see right through it. I just pray for release

Today

2009-07-01T08:49:00.001-07:00

Today sucks.....

Today is hard to force a smile, the kids know something is going on, I have to cancel the family picture today and reschedule it I can't imagine being able to fake a smile that big right now. We are still doing fourth of july together with the kids. I don't know why I feel guilty, it has been years in the making....compounding incident after incident, I have never felt so much disgust for another person, and where is God in all of this I can't feel him right now which is scary. I haven't even tried to open my bible though, it feels like i failed

Pornography sucks

2009-06-30T22:48:00.000-07:00

Pornography sucks........it becomes an addiction just like any other that will make you lie to your loved ones, it can make you make promises you know you won't keep even as you speak the words. It is an epidemic going unchecked in homes all over America today .....right now there are people choosing to watch porn over spending time with loved ones..... It hurts all that love the addicted person it strains relationships, it makes ME feel dirty. It is an empty place it is chasing something the porn will never satisfy, it is a soul stealing act. More than 70% of men from 18 to 34 visit a pornographic site in a typical month.....now tell me this is a victimless crime.....

"At a 2003 meeting of the American Academy of Matrimonial Lawyers, two thirds of the 350 divorce lawyers who attended said the Internet played a significant role in the divorces in the past year, with excessive interest in online porn contributing to more than half such cases. Pornography had an almost non-existent role in divorce just seven or eight years ago." (Divorcewizards.com)

57% of pastors say that addiction to pornography is the most sexually damaging issue to their congregation (Christians and Sex Leadership Journal Survey, March 2005).

There are over 4.2 million known separate and distinct porn websites on the Internet, with 2,500 new sites coming online every week.

Forty percent of porn addicts lose their spouses, 58 percent suffer severe financial losses, and as many as 40 percent will lose their jobs.

WTF can anyone tell me this isn't a PROBLEM???????

crime causation the karla faye tucker example

2009-06-23T21:30:00.000-07:00

Karla Faye Tucker was born in Texas on November 18, 1959. Karla had two older sisters and a happy home life for a few years with two parents and a family dog. She had a few early memories of vacationing on Caney Creek with her family, Karla’s parents divorced and remarried several times which was hard on Karla and her sisters, the final divorce happened when she was 10 years old. Karla already felt like an outsider and had trouble relating to the neighborhood and school children. During the final divorce proceedings Karla learns that she is not her father’s child but the result of an extramarital affair. From that moment on Karla said she never believed that she belonged to the Tucker’s.
Karla started smoking marijuana at age nine and graduated to the harder drugs by age 10, by 11 she was shooting heroin and participating in sex orgies. Karla’s parents didn’t have much to say about this behavior her mother had turned to prostitution by this time and her father was always working, Karla dropped out of school in the seventh grade. Under the guidance of her own mother Karla Faye Tucker became a prostitute at age 14. Karla traveled from state to state with her mother prostituting herself to rock bands and basically was a groupie.
At the age of 16 Karla met a mechanic named Stephan Griffith and married him that lasted only a short while. After Karla left her husband she met her best friend Shawn Dean. Shawn introduced Karla to Danny Garrett, and Danny became a perfect match for Karla who was still prostituting herself in Quay Point Texas. They lived together in a small house, though Danny was considerably older than Karla. Danny let Karla do whatever she wanted and supplied her drug habits without any questions he was known as the pill doctor. “It is argued that crime is most likely when motivated offenders come together with attractive targets in the absence of capable guardians.” (Felson)
June of 1983, there was a party weekend in full swing that had been going strong for three days already; the reason for celebration was Karla’s older sister Kari’s birthday. The party went on with sex orgies and many different types of drugs and alcohol. Shawn Dean, Karla’s best friend was present at the party emotionally damaged due to the recent beating from her estranged husband Jerry Dean. Karla didn’t like Shawn’s husband to begin with and there was a history of verbal spats between the two of them. There was much idle talk at the part about “making Jerry pay for what he did to Shawn” but it died down and was just talk.
Around two o’clock in the morning June 13, 1983, Karla picks Danny up from work, both still very much intoxicated. Jimmy Leibrant, a fellow partier joined Danny and Karla, Danny suggests that the three of them go steal Jerry Dean’s motorcycle, the three returns to Danny’s home and change into all black clothing and tell Shawn Dean of their plan to get back at her husband by stealing his motorcycle. Shawn wishes them luck, Jimmy and Danny had a shotgun and a .38, Karla later reported she thought the weapons were for protection and there was no plan to kill anyone. Arriving at Jerry Dean’s apartment the three opened the front door and located the motorcycle in pieces inside the living room. Karla then decided they would just steal a few major components from Jerry instead of the whole bike.
A bedroom light is flickered on at the end of the hallway in Jerry Dean’s apartment. Jerry calls out “who the hell is there?” Danny immediately reacts to Jerry by grabbing a hammer lying on the living room floor and charging down the hall without hesitation he begins swinging on Jerry’s head. During the attack Jimmy was positioned outside the building. Karla grabbed the three foot tall pick axe that was in the living room and proceeded in the bedroom. Karla had seen a girl in Jerry’s bed and was outraged that her best friend Shawn was still bruised from her husband and he had the nerve to have another girl in his bed. Karla swung the axe at the girl later identified as Deborah Thornton. Karla swung the pick axe over 28 times plowing it into Jerry Dean’s body.
Jimmy left the scene of the vicious murders and apologized to his friends the next morning. Karla and Danny went about their business and bragged about the murders to anyone who would listen. The pair was arrested and both convicted and sentenced to die in 1984.
“Tucker had no prior convictions. However, the state did present evidence at the punishment phase concerning Tucker's prior violent acts, which included a previous altercation with Dean during which she punched him in the face while he had glasses on, forcing him to go to the hospital to have glass removed from his eye. Tucker also admitted a history of drug use and prostitution.” (Geringer, 2009)
The classical school theory stresses punishment and deterrence, the basis for crime control perspective; humans seek pleasure and avoid pain under this theory. Classical suggests that people have free will and either choose crime or to conform to the rules of society. (Senna&Siegal, 1999) I don’t believe this theory applies to Karla free will is something humans are born with, but I don’t think Karla ever consciously chose a life of crime I believe that was all she saw I can’t find one single positive role model that took an active role in her life.
The choice theory suggests that people weigh the consequences and benefits of their actions; this school of thought suggests that delinquent behavior is a rational choice. (Senna&Siegal, 1999) I do not believe that Karla operated under this theory at all she was not in a rational frame of mind during the commission of her crime.
Differential association theory suggests that criminal acts are related to a person’s exposure to excess amounts of antisocial attitudes and values. (Senna&Siegal, 1999) This theory is applicable to Karla, from an early age she saw antisocial deviant behavior and she received positive attention from her own mother by engaging in prostitution and drug use. Karla was taught from an early age beliefs favorable to criminal activity.
Instrumental Marxist theory suggests that capitalist institutions such as the criminal justice systems have a main purpose to control all the poor people and maintain the dominance of the wealthy keeping them in their place. (Senna&Siegal, 1999) I think Karla may have seen middle class people through her life but never saw herself as being able to do what they do such as become educated or conform.
Labeling theory suggests that society creates deviance through a system of social control agencies that designate certain individuals as deviants. Then society makes those people feel unwanted and outcast as part of the normal social order the individual then assumes this as his or her identity. (Senna&Siegal, 1999) I am sure Karla felt she was an outcast in contrast to other groups of individuals in society.
Self control theory focuses on impulsive personalities, suggesting that people making split decisions engage in criminal behavior. The individual is focused on the short term gratification of the crime at that very moment. This theory also suggests that parental incompetence can play a huge role in the self control issues growing up to be an adult with no self control. (Senna&Siegal, 1999) This theory applied to Karla in the moment of her crime she was in the moment and heavily under the influence of drugs. She did not have a competent parent or model during her youth to instill self control in her at the young age that she should have.
Social learning theory suggests that individuals learn to commit crimes based on their associations with others. Individuals have criminal role models under this theory and are even positively reinforced for their criminal behavior. The interactions that are rewarded and reinforced are copied and the acts that result in punishment are avoided. (Senna&Siegal, 1999) This theory is the one most applicable to Karla in my opinion, she had models from as early as eight years old that were delinquents. Karla was only a child when her protector and mother taught her how to turn tricks for men. The more I study her life the more I realize that all this girl ever knew was social deviance.
Karla Faye Tucker found the power of forgiveness in a Harris county jail cell. Karla had the opportunity for the first time in her life to be sober and think clearly. She was an inspiration to many fellow prisoners and all that she came in contact with. Karla won many souls during her years in prison awaiting her impending death sentence. Some of the victim’s family members were also touched by Karla’s faith and repentance.
Karla was only the second female murder executed since 1976 and the first female murder executed in Texas since 1976. In the end Karla had to pay for her crimes despite the support of religious leaders spanning the country and the recommendation of the pope to commute her sentence to life in prison. George W. Bush had the difficult decision to contemplate as then governor of Texas. “A pardon from a death sentence in Texas reportedly has never been granted to anyone based on a religious conversion. And of the 36 pardons that have been granted to Texas death-row inmates since 1976, not one has been granted solely for humanitarian reasons. In addition, Gov. Bush, who would have had to approve the pardon with a majority vote by the parole board, publicly said that in evaluating Tucker's case, he would only consider whether there was any doubt she committed the crime and whether she had a fair trial.” (Geringer, 2009)
Karla Faye Tucker was put to death by lethal injection on February 3, 1998. The judgment ultimately belongs to God for her crimes, He will decide not our criminal justice system, if you ask me she is forgiven. I don’t generally sympathize with criminals or have faith in rehabilitation, but the good she did in the years she spent in prison counted for something. Studying Karla made me wonder how many other people she may have positively affected to change their own lives had she been given that chance.

what criminal justice means to me

2009-06-23T21:28:00.000-07:00

What does criminal justice mean to me? I think criminal justice is a necessary entity in our society today. Criminals exist in our society so it makes sense to have a system of justice to deal with the criminals. Criminal element has been around as long as established order in classes of society. Justice is the moral principle determining just conduct. Bring to justice, to cause to come before a court for trial or to receive punishment for one's misdeeds. (Justice n.d.).
Justice has different meaning for different people. For a victim of crime it can just be peace and security, knowing I can sleep soundly tonight with the perpetrator of the crime locked in prison. It could be getting even or taking revenge, it could be retribution paying me back monetarily. Personally in my opinion justice is accountability. If a crime is committed against myself or my loved one I need to know the perpetrator is accountable for their actions. That is being brought to justice, to have to answer for the choices an individual knowingly made, and then going through the steps of our criminal justice system and accepting their consequence.
Life is not fair and I have yet to read anywhere that life supposed to be fair. Sometimes I wonder why bad things happen to good people, and why good things happen for bad people. I do know that laws are in place to protect society, when the laws are broken some form of justice must be carried out to send the message to society that we are on the right track. What I mean by on the right track is that the offender doesn’t just get away with being a social deviant. A correct measure of justice can serve as a deterrent to prevent would be criminals.
Just deserts, this is a philosophy of justice that says if someone violates the rights of others they deserve to be punished. I tend to agree with that. I think reasonable people in society have the knowledge of what is right and what is wrong. What I don’t agree with in the just deserts model is that punishment is not based on deterring or the likely hood of future crime committed. I feel that people should be punished harshly and I agree with three strikes you’re out laws. I don’t have all the answers, I suppose some criminals can be rehabilitated but not sexual predators. I think sexual predators are the worst kind of criminals and will strike again. (Senna & Siegel, 1999)
My feelings on the death penalty are conflicting. A society that respects human’s life does not end human life. On the other hand I think there are some crimes that are just so horrible maybe the offender doesn’t deserve life. The ACLU has some convincing points regarding the death penalty, it is cruel and unusual, it is irrevocable, and not a viable for of crime control. I tend to think the death penalty is not so great but what can we do with the people that cannot be rehabilitated? (Bedau, 1997)
I would like to enter in to one of two fields after earning my bachelors in criminal justice administration. I have always had a strong desire to help younger people. I believe that juvenile probation officer would be a great fit. I believe strongly that if we step in at the right time in a young person’s life we can affect them for the good. To cause a young person to change the path of social deviance they were headed down would be a wonderful feeling. It may be pessimistic but I have little hope for adults in the system.
Another path I can see myself on is in the victim’s advocate field. To be that voice and support for a person who has been put through a nightmare would be rewarding. I can see that it would be an emotionally hard job to do, and that’s something I will have to determine if I can handle the emotion that comes with that job.
I have some time to make a final decision, I have to earn this degree and wait until my children are all in school. Another important factor in deciding on a career is the schedule, I have to be available to my four children I won’t allow them to come home to an empty home. Part of the problem with young offenders in my opinion is not having someone home. I will do everything I can through my career choice to see justice carried out and less crime committed. My children have to grow up in this world, it’s scary but I will do all I can to make it more just.

communication

2009-06-23T21:27:00.000-07:00

The way we communicate with others and with ourselves ultimately determines the quality of our lives” (Robbins, 2009)
Communication has been around as long as life has existed. It’s the way people commu-nicate, or don’t communicate that measures the peace in their lives. I am going to explore the different aspects of communication in this paper. Communication can be effective or outright dysfunctional. Not everyone has the same communication style which can require some conflict resolutions in communication. Ultimately, communication is necessary in relating to other people on every level in life; business, home and personal. This paper will discuss types of communication and demonstrate how you can ensure you are communicating effectively.
One type of communication is assertive communication. How we communicate; naturally express ourselves when our self esteem is intact. This type of communication gives us the confi-dence to communicate without games or manipulation. Being assertive allows for two people with different views to reach a resolution in a conflict. By demonstrating assertive behavior a person is able to get to their point and not get personal. An assertive individual is confident and exercises good judgment. (Podesta, retrieved April 20, 2009)
“The imparting or interchange of thoughts, opinions, or information by speech, writing, or signs, the art and technique of using words effectively to impart information or ideas.” That is one definition of communication. “The exchange of thoughts, messages, information, as by speech, signals, writing, or behavior.” Behavior is mentioned in this definition, as it plays a role in how people communicate. “Interpersonal rapport, the art and technique of using words effec-tively to impart information or ideas.” (communication. (n.d.). Dictionary.com Unabridged (v 1.1). Retrieved April 26, 2009, from Dictionary.com website)
Communication is the process of transferring information from one source to another. Communication is commonly defined as "the imparting or interchange of thoughts, opinions, or information by speech, writing, or signs")Communication can be perceived as a two-way process in which there is an exchange and progression of thoughts, feelings or ideas towards a mutually accepted goal or direction. (Wikipedia, retrieved 2009)
Not everyone has the same communication style and some people don’t want to commu-nicate effectively at all. People that only have their own interests in mind are not willing to communicate effectively. The purpose of communication isn’t to make the other person agree with you or change their mind. The ultimate goal in communication is to understand each other. An example of dysfunctional communication is to act aggressively or passive aggressively. When a person has these types of aggressiveness, communication can rarely take place. When a person demonstrates passive aggressive behavior it prevents communication.
When someone is communicating in person body language can be as important as having a positive attitude. Nonverbal communication can be very dysfunctional as well. “Nonverbal communication is the single most powerful form of communication. More than voice or even words, nonverbal communication cues you in to what is on another person’s mind.” (Heathfield,)
Communication comes in many different forms with all the new technology available to-day. Technology is a way to transport communication but it can also confuse the message. “The more elaborate our means of communication, the less we communicate” (Priestly) Communica-tion is about relaying information both in work or school environment, do your best to stick with the facts and leave emotions out of it.
Remaining non judgmental and allowing others to express themselves without interrupt-ing or thinking about what you want to say requires discipline and maturity. Remaining in the present and focused on what is being communicated to you is the best way to actively listen in my opinion. A lot of us walk around on auto pilot and fail to truly hear what others say to us; by staying in the present and focusing we can truly communicate.

causes of crime

2009-06-23T21:26:00.000-07:00

Studying the causes of crime can help us greatly in the area of reducing crime in America. The American family is directly related to social problems in society. A direct link between children being born into single family homes and poverty is evident. Those children then grow up with a likelihood of becoming dependent on welfare themselves. A few things to consider when asking the question how criminals come to commit crime, one consideration is that during the past 30 years the increase of crime parallels the increased number of families with absent fathers. High crime neighborhoods have a common denominator of absent fathers. Interestingly enough the rate of violent teenage crime also corresponds with the number of families abandoned by their fathers. A child that is rejected by other children in early childhood and then forms his own group is often the future delinquent.
On the other hand, neighborhoods with a higher level of religious practice are less likely to be high crime neighborhoods. Taking a look at high crime areas in the inner cities over 90 % of the children that come from stable secure homes do not go on to become delinquent. In contrast only 10 % from unstable homes are able to avoid the criminal lifestyle. The mother’s attachment to her child along with the father’s strong authority and involvement can be the best buffer between the child and crime. Data suggests that crime is not on the rise during times of economic struggle but on the rise during economic growth. During the time of the great depression crime dropped right along with economic stability. Another example is the Chinese in San Francisco in the 1960s they were the poorest subculture with average income around 4,000 dollars a year but had the lowest crime rate.
Some assume that race can be blamed for criminal activity being on the rise, not true. Upon taking a harder look, the common denominator is in fact good family structure. Illegitimacy is a key factor not dependent on the race. Kevin Wright, a professor of criminal justice at the University of New York at Binghamton writes: “Research confirms that children raised in supportive, affectionate, and accepting homes are less likely to become deviant. Children rejected by parents are the most likely to become delinquent.”
Being a single mother means getting less support in critical times such as childbirth and early developmental years when children’s needs demand a great deal from the mother. This can lead to less emotional attachment to the child even resentment towards the child for all the extra responsibilities that mother must take on. The lack of parental attachment in turn leads to the child having diminished ability to form bonds and have empathy for others. Empathy is one emotion that may prevent a criminal act from ever taking place. I care for others, therefore, I don’t want to harm them or take what they have worked hard for. Absence of a father also increases the chance of the mother being to hard on the child. So many young people have detached broken homes and parents, the implications are disturbing.
In a healthy family situation the simple presence of the father can evoke obedience, he is the authority and especially for our young men. Young boys abandoned by their fathers have many issues lack of personal security and self worth to name a few. The rates of emotional and behavioral problems are more than double in step families.
Monitoring young children’s behavior is key, clearly state what the rules are and punish deviance immediately, supervision and structure are necessary to produce good members of society. Rejection as a child can set the stage for criminal behavior, the family is the child’s first little community and to be rejected from can be devastating. Child abuse is huge in relating to criminal behavior the rates are astounding, when studying the arrest records and official records on child abuse the percent is around 14 to 26 %. But this percent triples to 50 to 70 % when the delinquents were interviewed and reported the abuse. Having criminal parents obviously predispositions young people to crime as well.
Knowing some of the information that has been presented, what can society do as a whole to reduce crime in America? Well the answer seems very clear to me. I think the family unit is the key, and our youth is the only place to start. But my solution presents a whole different problem in dealing with the criminal behavior in the adults who are raising our youth. The most important thing a child can witness growing up is marital commitment. Then a relationship of love between the two parents and toward the child accompanied with good supervision. Proper socialization of the child and the ability to relate to his peers must be provided, then strong neighborhoods and community support. We need to emphasize the importance of bringing children into the world in stable loving family environments. The traditional family has all the ingredients to lower future crime rates, but how to make the traditional family popular again is another thing.
A great example of turnaround is the reverend Lee Earl started a church in a horrible neighborhood in Detroit. The people who lived there were prostitutes, pimps, drug dealers and so on., Over the next decade with the church involvement in the community those same people started businesses and bought homes and married. That suggests to me that religious influence is also a strong weapon in reducing crime.

2009-06-23T21:10:00.000-07:00

The USA Patriot Act was signed into law on October 26, 2001 by George W. Bush. This came shortly after the September 11, 2001 world trade center attacks. The advantages of the USA Patriot Act are beneficial to us as a country in dealing with terrorists. Section 203 of the patriot act is one advantage. Before the infamous attacks of September 2001 domestic law enforcement and foreign intelligence collection functioned separately. Now included in section 203 of the Patriot act is the sharing of this information which may have been unavailable before. (Podesta, 2002)

Another advantage is the law enforcement agents can now track terrorists by using a roving wiretap. This can be done specific to the terrorist not the device which is a positive point for law enforcement. A third advantage to law enforcement is they now can obtain a search warrant anywhere a terrorist activity has occurred. Whereas before they were limited to in district boundaries, this is a logical way to streamline the process.

The advantages sound great in theory but like anything they can be abused and overused. I think many of the sections listed in the USA patriot act could be wrongfully used against citizens. I think the advantages are positive tools and more freedom for the people trying to do their jobs and combat terrorism.

The Patriot Act allows FBI Agents to investigate American citizens for criminal matters without probable cause of crime if they say it’s for “intelligence” purposes.”Permits non-citizens to be jailed based on mere suspicion and to be denied re-admission to the US for engaging in free speech. Suspects convicted of no crime may be detained indefinitely in six-month increments without meaningful judicial review. (ACLU, 2003)

Many are the disadvantages to the Patriot act. The scariest disadvantage in my opinion is simply unchecked power. The power is seemingly endless; I can now be subjected to surveillance based on a library book I check out or a search online. Those are first amendment rights and if I choose to exercise them in a way that is undesirable I could be investigated, without even so much as a search warrant. This could lead to many unconstitutional situations violating a person’s rights to freedom of speech and religion. Under the Patriot act a person or organization that was forced to disclose records is forced to remain silent about it by the gag order include in the Act.

The USA Patriot Act violates the fourth amendment which says the government must have a warrant or probable cause. Failure to provide notice to the person that their privacy may have been compromised which is part of due process, guaranteed part of the Fifth Amendment. The war on terror is being fought on the orders from the executive branch; constitutional guarantees of citizens have very much been set aside. There does not seem to be much within the USA Patriot Act that is compatible with democracy the secrecy is unconstitutional.

Allow the government to collect DNA samples from individuals who have not consented or been found guilty of a terrorism-related crime and without a judicial order based on the showing of need. (Section 302) That is frightening.

“The PATRIOT Act legitimates the notion that if we give up certain freedoms, the government will keep us safer. I reject that notion from a moral and legal point of view. I also reject it from a practical point of view. It doesn't work. The government doesn't need our freedoms to keep us safer. No one--no lawyer, judge, or historian--can point to a single incident in American history where national security was impaired because someone insisted on their right to free speech or their right to privacy or their right to due process.” (Napolitano 2005)

I am learning a great deal about myself in this last week that I have been in this class and researching the USA Patriot Act. I am trying to get to the heart of what I really believe, I enjoy my freedom and I would like to keep it. Freedom isn’t given to me by the government it is something I already possess. I want all people to experience the freedom I have, I support our efforts to bring democracy to other countries. At what point are we going to be when the Bill of Rights has no meaning? I think there has to be a system of checks and balances in place that holds the people in authority to be responsible and have to back up their suspicions and not just be able to go on a hunch because they suspect terrorism.

This is similar to the strategy Hitler used in burning the Reichstag building and blaming the Communists that would make the people willingly sign away their freedom for protection. I don’t think the government wanted the attacks on September 2001 to occur but more and more freedoms keep slipping away. The question brought up is; can willingly giving up personal freedoms and rights for the greater good and safety work? Or will the government abuse the power, time will tell.