The Anti-trust Laws: Loewe v. Lawlor

            The court decision which resulted to conjunctions of the labor unions affected economy as the consumer were involved in a boycott which was  being headed by the  labor movement nationally.  This therefore meant that the consumers were not consuming goods as usual and therefore the national economy revenue generated decreased. The ruling led to economic regulations and the regulation of the constitution which was not favorable for conducting business freely.  The ruling become the most threatening decision towards the labor laws as it raised  specter to the damages and dissolution suits against the unions of labor (Archibald Cox, et al 2011).

            The ruling was effective in depriving the workers essential organizing tools which led to the reformation of the antitrust laws.  This affected the labor unions as well as labor laws as they were held responsible for treble damages that were associated with the labor movement’s activities.  The ruling restricted the obstruct combinations of conducting free commerce with the association of several more other issues.  The decision of the court resulted to the labor unions moving into the political sphere as the labor management had changed. This therefore affected the labor laws which resulted into a decrease in the economic activities in the United States (Archibald Cox, et al 2011).

            The decision additionally resulted to economic changes to economic activities regulations.  The freedom of expression through the movement was restricted as the ruling held that the strikes were not illegal regardless of the particular actions that they utilized.  The boycott therefore resulted into direct loses of revenue and properties as the economic consumption in the country dropped rapidly.  Labor provision also reduced as individuals denied securing the employment opportunities due to the enactment of the laws (Archibald Cox, et al 2011).

            Reference

            Casenote Legal Briefs: Labor Law. 2011. The one keyed to Labor Law by Archibald Cox, et al. (Wolters Kluwer Law & Business, Frederick MD) 15th Ed., ISBN: 978-1-4548-0787-2.

Legitimacy Issue 2: How to Train

Step 1: Definition and Description of Procedural Justice

Procedural justice can be delineated as the application of fairness in the dispute resolution processes and allocation of resources (Tyler, Tom & Juen, 2002). It is palpably factual that one of the major facets of procedural justice is associated with discussions with regard to the execution and administration of legal proceedings and justice. In United States, procedural justice is allied with the Due Process where law enforcement is expected to respect all legal rights that are entitled to each citizen (Tyler, Tom & Juen, 2002). Thus, in order to derive the importance of procedural justice particularly in policing, it is noteworthy that effective policing is highly dependent to citizen cooperation and collaboration with the law enforcers (Hawdon, 2008). This means that in order to enhance this cooperation between the citizens and police officers, it is factual that citizens ought to take law enforcers as part of the community. This is based on the fact that public support by police officers which is one of the aspects of police legitimacy is based on citizens’ cooperation and collaboration with police officers. Therefore, it can be asserted that one of the major importances of procedural justice is based on creating trust and confidence of the public to the police thereby enhancing cooperation and legitimacy. Through cooperation and comprehension of police legitimacy, it becomes easier to offer public support by the law enforcers. However, according to Hawdon (2008), integrating police officers in the contemporary community has been difficult though is exhibits to vary in different states. The complexity is promoted by lack of trust and attitudes towards these law enforcers. Relations of the public and police officers are determined by the level of social capital in the area together with the concept of police legitimacy. Therefore, low levels of social capital and lack of trust affect cooperation between the citizens and the police officers thereby affecting procedural justice in the area of concern.

Step 2:“Good” Scenario of Using a Procedural Justice Approach

In deriving a scenario that exhibits proper utilization of procedural justice approach, it is worthwhile to define the issue of police legitimacy which is the major determinant of public support to the police and execution of procedural justice. Therefore, legitimacy as defined by Sunshine and Tyler (2003) is the perception of an institution that initiates the feeling that the institution is entitled to be obeyed and deferred to.  Precisely, it represents the approval of an institution by the people of need to behave in compliance with the expression of external authority. Therefore, a good example of the scenario that exhibits a good execution of procedural justice includes the situation when a person of color reports a crime in the area such as Chicago where rates of crimes. One of the probable crimes in such a case is a domestic offense where one spouse violates the rights of the other partner. Thus, operating under the procedural justice guidelines, the police officer on duty is obliged to visit the place of incident and attend to the issue while complying with the applicable decrees. This means that the officer needs to consider the rights of both victims and handle the case without violating those rights. If the situation demands for the arrest of the offender, the officer ought to adhere to the code of practice entitled to police officers such as using the Miranda Warning prior to making an arrest. Consequently, citing from the factors that determine utilization of procedural justice, it is factual that this scenario complies with all of these aspects. To start with, there is recognition of police legitimacy when the victim of domestic offense decides to seek help from the police officer. Additionally, there is expression of public support which is exhibited by the act of the affected citizen calling the officer as a way of supporting law enforcement to the offenders. The other expression is cooperation where both the officer and the victim cooperate to make sure that law is enforced to the offender.  Lastly, proper execution of procedural justice is reflected by the act of the police officer in ignoring the fact that the crime scene is in an area with high crime rate and dominated with the people of color. Additionally, in making the arrest, the officer adheres strictly to the code of practice which means that the officer values the rights of the offender regardless of the social status or race. This will promote public trust and effective execution of procedural justice policy.

Step 3:“Bad” Scenario of Using a Procedural Justice Approach

Citing from the same scenario, the police officer might fail to adhere to the procedural justice principles in different ways. One of the ways that the police might fail to adhere to these principles includes receiving the call from the victim of the domestic offense but fails to turn up in the crime scene. Additionally, the officer might decide to make a late arrival in incident place after attending to other matters. However, if the officer goes to the place, he or she might decide to use violence while arresting the offender instead of using other ways of solving the dispute. This can be achieved by failure to adhere to the police code of practice for a crime. Therefore, in this situation, the scenario lacks cooperation, public support or even comprehension of police legitimacy. In this case, lack of police legitimacy recognition can be exhibited when the victims of the offense decide to take matters at their own hands which might lead to other severe offenses such as murder. Lastly, this scenario the major aspect of procedural justice which is recognition of legal rights entitled to every citizen.

Step 4:“Good” Scenario of Using a Procedural Justice Approach

Still adhering to domestic offenses as one of the police-citizen encounters, the police adhering to procedural justice guidelines might arrive at the incident place and decide to hear from both sides of the victims. In this scenario, both of the victims of the offense might appear to be hurt as one party tried to self-defended his or herself from the attack of the other party. This means that the officer might not be able to distinguish the precise offender. Therefore, this demands effective communication and questioning prior to making a conclusion. Thus, in order to adhere to procedural justice guidelines, the officer should consider the rights of both parties by following the case from both sides. This means that the officer should not start with exerting violence to the suspected party. Precisely, the officer should judge the situation not by the look of the case but the truth of the situation. It is factual that not every scenario of domestic violence calls for detention of the offender. In some cases, the offender might be warned on the consequences of committing the offense again. Thus, the officer should consider the applicable law enforcement strategy to solve the dispute in this case. For this situation, procedural justice will be address first by recognizing the rights of each of the victims of the offense and secondly through cooperation and public support together with reflection of police legitimacy. This approach will be important citing from the fact that it will enhance public trust in police officers thereby promoting public support and cooperation. Additionally, recognition of police legitimacy will be enhanced which will lower the rates of crimes as people will avoid taking matters on their own hands.       

Step 5:“Bad” Scenario of Using a Procedural Justice Approach

Citing from the scenario in step 4, it is factual that the officer might fail to adhere to procedural justice guidelines through different ways. One of the ways that exhibit failure to adhere to these principles includes use of violence in making an arrest. Additionally, the officer might fail to consult both sides of the case and jump into conclusions just by the look of the situation. For instance, if the domestic violence case involves violation of husband’s rights by the wife might result to a misunderstanding if the officer does not consider hearing from both sides. This might be caused by the contemporary controversy based on the issue of feminism and rights of women in different places including domestically. Assuming that the husband is always on the wrong side, the officer might fail to consider consultation and enforce the law on the wrong offender. Additionally, the officer might be scared away by the issue of feminist rights obliging him or her to take inappropriate action such as ignoring the issue. On the other hand, if the officer finds out that the offender is the male partner who has had numerous warning regarding the offense earlier, he or she might decide to use violence to arrest the offender. In addition, citing from the area of incident occurrence, the police office is tempted to use violence due to the perception that in this high crime rate area, offenders are always naughty and reluctant to arrest. According to Rosenbaum et al (2005), past experience with police officers might be one of the reasons that the public might have no trust for the law enforcers. As a result, some of the members of the public might be reluctant to take an arrest due to lack of police trust or lack of police legitimacy recognition. Therefore, referencing the provisions and aspects of procedural justice approach, this scenario ends up lacking public support to police, cooperation, and recognition of police legitimacy. One of the potential consequences of this approach is deterioration of trust in police officers, lack of public support, insufficient security services offered by the police and high rate of crimes.

References   

Hawdon, J. (2008). Legitimacy, trust, social capital and policing styles: a theoretical statement. Sage publications

Rosenbaum, D. P., Schuck, A. M., Costello, S. K., Hawkins, D. F, & Ring, M. K., (2005). Attitudes towards the police: the effects of direct and vicarious experience. Sage publications. Vol. 8 No. 3,

 Sunshine, J., & Tyler, T. R., (2003). The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing. Law & Society Review, Vol. 37, No. 3

Tyler, T., Tom, R.,&  Juen, Huo.(2002).Trust in the Law: Encouraging Public Cooperation with the Police and Courts. New York: Russel Sage Foundation.

Gun Manufacturers and Responsibility Discussion Board Question

As much as John Allen Muhammad and John Lee Malvo are responsible for their crimes, Bull’s Eye and Bushmaster as a gun shop should also be held responsible. This is because it is their moral obligation to know every detail about their buyers with respect to the law. The law gives a guideline which is a standard that should be used by the dealers of firearms and therefore they failed to examine the safety of their deal with the two killers. Losing the documentation of the firearms also worsens the situation making them fully responsible for the deaths committed by the two killers.

On the other hand, it is ironic to sue a gun manufacturer when certain malicious people commit violence. The thought and action of violence is in the hands of the doer and therefore the Bull’s Eye Shooter Supply Company is not morally responsible for the deaths caused by the gun users. In this case, they would be legally responsible if and only if they have crossed the boundaries beyond which the law prohibited. It would therefore be unfair to charge them for the violence.

Among the three parties put on the weighing gauge, it is clear that only the sellers and the buyers are responsible for the deaths that resulted from the violence. I agree that the seller is responsible because the government had prohibited the selling of firearms to the two men but Bull’s Eye sellers never adhered to the requirement. I also agree the manufacturer is not responsible because their supply was not prohibited by the law as opposed to their buyers who sold to the criminals.

Forensic Examination through Intimate Search of For Drugs in a Detainee Who Refuses to Consent to the Examination

To start with, intimate search can be delineated as the physical examination of the detainee’s body oral cavity other than the mouth. Precisely, some of the regulations such as Police and Criminal Evidence Act 1984 (PACE) Code H 2014 compel the physician to first create informed consent to the detainee prior to be subjected to intimate search and other forensic assessments (Stark, 2011). Therefore, there is an elementary ethical principle that guides every medical practice that states the forensic examiner should not conduct an assessment, diagnosis or therapy on a competent adult without his or her consent. However, it is worthwhile to state that ethical obligation with regard to making informed consent prior to initiating the examination applies to every situation including the situation consent is not a legal requirement (McLay, 2009). Therefore, the issue of making informed consent to the detainee who refuses to consent to the examination might subject the examiner into a dilemma. As a result, there are some ethical, legal and professional issues that ought to be considered prior to conducting the intimate search to such a detainee.  Thus, this paper will lay its focus on the ethical, legal and professional issues that revolve around forensic examination particularly performing intimate body searches.

It is factual that the main issue in this case is based on the consent of the detainee on the examination to be conducted. Thus, it is worthwhile for the forensic physician to consider the issue of making informed consent to the detainee and the correspondent issues associated with it (Stark, 2011). To start with, alluding to the fact that consent is a fundamental principle for the practice of every healthcare service, the physician ought to understand the meaning and magnitude of consent in such a case. Therefore, for the consent to be regarded as valid, the detainee should be given precise, sufficient and pertinent information about the examination. However, this does not apply to every individual since the issue considers both sides. Precisely, the individual being examined ought to be competent enough to consider the matter and be able to make a subjective decision and conclusion (BMA, 2009). Additionally, these decisions made by the individual ought to be voluntary with regard to the issue of coercion. Consequently, there are different ways of compromising the ability of the detainee to give consent;

• The ability of the examinee to make a conclusion and choice might be influenced by fright, exhaustion, health status, drugs or even anguish (BMA, 2009).      
• Consultation might lack privacy which is one of the factors that can affect the willingness of the detainee to participate in inquiring about the examination prior to making a decision.
• Giving consent by the detainee might be as a reason of expectations on being released quickly which means that the individual might not consider the definite procedures to be performed (BMA, 2009).
• Rebuttal of conducting intimate search may coerce the detainee to give consent as it is seen to imply culpability.
• In some of the cases, it is factual that the detainee might not have a choice whether the search will proceed or not. The only choice offered to the detainee is whether the examination will be conducted by the physician or the detention officer (BMA, 2009).

Therefore, because of these forces, the examinee will be left incapable of giving the consent which can be regarded as valid. However, it is factual that these pressures do not reflect in all cases that demand valid consent (BMA, 2009). It is perceptible that in some circumstances, the pressure is exerted on the detainee intentionally, but the consent still comes out as valid. Thus, it is crucial for the forensic examiner who is assessing the consent validity to be aware of ways of compromising the competence of the detainee to consent and take those factors into consideration. This means that in our case, the forensic examiner might decide to get to the roots of the issue by assessing the reasons why the detainee has refused to consent (BMA, 2009). This is based on the fact that it is the basic obligation of the doctor to make informed consent to the patient prior to conducting any type of examination. Therefore, one thing is for sure that intimate searches cannot be conducted without the informed consent to the examinee.

The Ethical Duty of the Forensic Examiner

It is palpably factual that some of the doctors might decide that since the examinee is subjected to certain pressures, undertaking intimate searches will be impracticable regardless of whether the individual will give perceptible consent (BMA, 2010). This means that it is important to comprehend that regardless of the fact that there might be inevitable pressures for the detainee that might arise from the nature of being in detention, the detainee has the right and competence to make subjective choices. However, for instance, the detainee might not have the choice on enduring the intimate searches but may, nevertheless, have an option about the person conducting the examination; whether it will be the qualified forensic practitioner, or the detention officer (BMA, 2010). In this case, the option of the detainee is meant for just expressing his or preference on the issue. For instance, the person suspected to conceal the drugs in the rectum might decide of have intimate search in order to be released quickly which exhibits his preference. Therefore, doctors are advised that if they are contracted in organizations where intimate searches are conducted as a way of seeking agreement with the detention officers, except for emergency situations, they have to attend to perform examination only when the examination is proposed (BMA, 2010). However, this does not commit the physician to conducting intimate searches but rather allows the physician to have a dialogue with the examinee in order to ascertain his or her preferences. After ascertaining the wish of the detainee, the doctor is able to comprehend whether the detainee gives consent to the intimate search (BMA, 2010).

Professionally, the forensic examiner is obliged to make sure that whatever the choice the detainee makes, it is cited from the precise information based on the possible outcomes of the process. In assessing the accuracy of the information given to the detainee, the examinee should be informed on the following

• Rejection to give consent might force the detention officer to undertake the intimate search instead of being undertaken by the medical practitioner (BMA, 2010).
• Refusal might be regarded as culpability in the court.
• Refusal might pose a health risk particularly if the drugs are concealed in the rectum.
• Other risk might be associated with failure to give consent such as using other procedures apart from intimate searches by a professional medical practitioner (BMA, 2010).

Legal Basis

In the prologue, it is patent that the law provides that intimate searches undertaken on an incompetent person such as a child or a young person or a mentally handicapped individual ought to be carried out in the attendance of an appropriate figure of the same sex with the detainee (Grigorenko, 2012). However, this can be contradicted only if the examinee requests the presence of the specific person especially a person of opposite sex. Therefore, in this case, the requested person ought to be readily available with regard to the proposed date and time of conducting the intimate search (Grigorenko, 2012). Nevertheless, the case is different for the intimate searches undertaken on the juvenile as it is the opposite of what should be done for the mentally handicapped adults. For the juvenile’s case, intimate search ought to be undertaken in the in attendance of a suitable adult except if the juvenile asserts otherwise (Grigorenko, 2012). Additionally, the present adult ought to be selected by the child/young person being examined. Therefore, for this case, it is advisable that doctors should not undertake intimate searches unless the valid consent is present. This means that there is an extent of consent in this case that is regarded as valid. Thus, if intimate searches are not in the detainee’s best interests, it is recommendable that the doctor should not participate in the procedure regardless of the presence of the requested adult (Grigorenko, 2012).

The alternative option that exists if the detainee fails to give consent is extended detention for up to 8 days (192 hours) by using warrants that approve further custody (BMA, 2010). Therefore, acquiring the warrant can only be achieved if it has been confirmed that the supposed object is obscured in the rectum of the suspect or has been ingested through the mouth. However, this can be contradicted if there are undeniable reasons for instant action. However, there are several legal provisions that approve conducting intimate searches regardless of the absence of the detainee’s consent. It is factual that these statutes authorize physicians to conduct intimate search but do not oblige them to do so (BMA, 2010). However, doctors are recommended to participate in intimate searches where the condition of the detainee is life-threatening. Some of the statutes that approve undertaking intimate searches without considering the legal recourse include Police and Criminal Evidence Act 1984, Criminal Justice and Public Order Act 1994, and Drugs Act 2005 (BMA, 2010). These statutes provide that intimate searches may be conducted by the detention officer who must be at least of inspector rank and reasonably believes that;

• The detainee has concealed a substance in his or her body that can either cause injury to his or her body or can use it while still in detention (BMA, 2010).
• The person was arrested because of possessing Class A and concealing it in his or her body and had an appropriate criminal intent before being detained.

Precisely, some of the Class A drugs includes cocaine, heroin, methadone and any injectable drug substance except cannabis (BMA, 2010). Therefore, confirming the presence of these drugs can be done using X-ray or an Ultrasound after reasonable grounds for the intimate search are presented.

Conclusion

Citing from the delineation of consent on the legal basis, it is factual that offering any type of healthcare service to a patient ought to be done with the consent of the patient. Thus, prior to undertaking intimate searches on a detainee, the doctor ought to make sure that the person gives valid consent to the procedure. The consent is regarded as valid when the patient’s consent is not based on pressures that compel him or her to give the consent. However, regardless of the fact that the nature of detention might exert pressures to the detainee making him or her give invalid consent, there needs to be a certain extent of consent to be given by the detainee in order to regard it as valid consent. Therefore, ethics oblige the forensic examiner to assess the level of consent prior to undertaking the intimate body searches to the detainee and if the consent is not valid, the examiner will have to consider factors that determine the unsoundness of the consent. Therefore, as a forensic examiner, I would manage the implications of professional and ethical dilemmas through adherence to ethical and professional knowledge together with legal provisions on the issue. Citing from the professional, ethical and legal provisions, it is factual that they all support the notion that it is better to undertake intimate searches with the consent of the detainee. Therefore, prior to undertaking the procedure, it is better to have a conversation with the detainee in order to create an informed consent first. This means that we will have to work as a team in order to enhance the consent of the detainee and make it valid. Team work will be meant to make sure that pressures that make the detainee give invalid consent or refusal to consent are lowered and taken care of.  

References

British medical association (BMA) (2009). Health care of detainees in police stations. Department and the Faculty of Forensic and Legal Medicine.

STARK, M. (2011). Clinical forensic medicine a physician's guide. New York, Humana Press. http://public.eblib.com/choice/publicfullrecord.aspx?p=884429.

GRIGORENKO, E. L. (2012). Handbook of juvenile forensic psychology and psychiatry. New York, Springer. http://public.eblib.com/choice/publicfullrecord.aspx?p=884153.

McLay, W. D. S. (2009). Clinical forensic medicine. Cambridge, UK: Cambridge University Press.

British medical association (BMA) (2010). Recommendations for healthcare professionals asked to perform intimate body searches. Faculty of Forensic and Legal Medicine

The differences in face to face and online education in the prison system and how it might affect recidivism

Definition of key terms

• Recidivism- this is one of the major conceptions in criminal justice. It can be termed as the reversion of individuals into criminal activities.
• In mates – these are people who have been put in prison as a result of criminal activities. Can also be called convicts.
• Unemployment – this is the state of being without a job.
• Deterrence – these are actions that are taken towards a convict to restrict them from committing crime.
• Rehabilitation – this can be termed as the process of restoring the former state of individuals ’reputation.
• Education and vocational training – these are programs that are aimed at ensuring that convicts have the necessary skills and expertise that can qualify them to get employed.

Introduction

            Recidivism can be termed as the state of people being rearrested and taken back to prison after release. One of the main factor that reduces the rate of recidivism is the educational and training programs undertaken in prison institutions. Statistics show that the convicts that have undergone educational and vocational training programs are have a lower probability of being rearrested than those that have gone undergone through the programs (Davis et al, 2013). The convicts require education systems that help them not only to read and write but also to develop skills that aid in promoting a positive changeover to the society especially after their release. Efforts to better this system would engage the inmates to participate more on the education programs and will go a long way in boosting the rehabilitation process of such individuals (Davis et al, 2013). Statistics show that the rate of recidivism in the United States is approximately 60%. The bureau of statistics has been able to conducts a study over a period of five years that revealed; among prisoners from thirty different states, who participated in prison education, 48% were rearrested for crime within three years, 22% were arrested after five years since release and 30% were never rearrested for any form of crime (Dickinson, 2003). This data clearly shows that inmates that have gone through educational and vocational training have a less possibility of being rearrested again.  This paper will put much emphasis in determining the rate at which recidivism is reduced through prison education programs (Dickinson, 2003).

            The main purpose for putting up prisons all over the world is to ensure that there are reintegration and correctional facilities for the offenders (Davis et al, 2013). This is attained by ensuring that the environment is effective in such a manner that the risk of committing the crime again is reduced. Most convicts in prisons are recorded to have a below average education and skills causing most of them to stay unemployed which has a direct effect on their behavior and character (Davis et al, 2013). Research states that offenders who have a set of skills that can allow them to get employed are less likely to be involved in crime as compared to those that are not employed due to lack of education and skills (Davis et al, 2013).

            Findings from the investigation of correctional informative and scholastic systems suggests that the expenses incurred while establishing prison education are cost effective; approximately $1 dollar per investment helps to reduce the coat of crime by approximately $4 to $5 especially in the first three to five years after their release (Siegel & Bartollas, 2014). This is to mean that the costs of providing educational facilities in prison are $1400 to $1700 per convict while the re imprisonment costs are $9700 for each convict. It is vital to note that the rate of employment after release was approximately 33% higher for the inmates who undertook the educational programs than those who did not (Siegel & Bartollas, 2014).

            Despite the fact that extensive research on prison education is not present, it is clear that there is a relationship between recidivism and attainment of educational skills (Barak, 2007). This is to mean that education reduces recidivism and also improves the inmates for the transition back to the communities after their release. This also increases the work force in any given country (Barak, 2007). This is because approximately 700,000 people walk out of prison each year and if such people are employed there will be an increase in productivity thus affecting the economic status of a country. It is also vital to note that such education molds the character of the individuals involved in such a way that the released convicts are able to start up families and also increase the responsibility levels (Barak, 2007).

Research Methodology

            This study was conducted to access the aspect of vocational and educational programs in prison institutions and how they reduce recidivism. In order to be able to gather the necessary data, the quantitative approach was used. These approached were used to reach the instruments for data gathering. It is also important to note that most of the data and information collected was through previous researches conducted by different bodies concerned with inmate rehabilitation programs. The method of observation was very instrumental as it offered direct information that would help to assess the rate of recidivism after educational and vocational programs in prisons.

            The credibility of the findings and analysis of the information provided relied extensively on the quality of the research design, the data collection, and management of the data and the evaluation of the same (Pathak, 2005). This chapter will be able to describe the methods and procedures taken in obtaining the data used for this research. It will also show how the information was analyzed, interpreted and how the conclusion will be met.

            This research can be termed as a descriptive research. This is because it includes surveys and fact finding enquiries on the topic of study. In this kind of research, there is no control of the variables as the analysis is given based on the exact information that is received from the surveys (Pathak, 2005). This data collected in this type of research can change after a certain period of time as the environment changes. The main reason as to why this method of research applicable is the aspect of accuracy and it demonstrates facts as they are in the present condition (Pathak, 2005). This method is very appropriate for this study as it is aimed to find out how education in prison can help to reduce recidivism.

            The main purpose of using the descriptive method is to describe the nature of the condition as it occurs during the time for the study and explore the impacts of the variable which is education is prison institutions (Kothari, 2008). The main content of this research was acquired using secondary data through findings stated in published documents and literature related to the research. These published documents were based on recent information for several years as they helped to identify the trend in the rate of recidivism as a result of educational and vocational training programs (Eby & Yuzer, 2013).

            Research from findings published in documents and other forms of literature is much cheaper as compared to field research and also saves on time (Kothari, 2008). It also allows the researcher to recruit contributors from a wide geographical scope and thus making the research process easier. Some of the published documents provided information that was gathered through research and through interviews with the prison managers and this gave accurate data on recidivism of the inmates. Most of the research provided information in a period of three to five years. Precisely, this research has retracted its findings after 5 years of the release of inmates. The data also covered the behavior of ex convicts from different areas of the world but the major focus is on the United States (Thomas & Thomas, 2008).

            The numerical comparison and the statistical references that were derived from the quantitative data are very important to show significance of the educational and vocational training programs. This is because some of the data derived from the published documents showed the rate of recidivism to the inmates who did not undergo the educational and training programs; while others showed the rate of recidivism to inmates who have undergone the training programs (Thomas & Thomas, 2008). This would help to evaluate the significance of the programs and the impact on recidivism. The information also showed the different methods used in the training programs and the impact of the inmates (Thomas & Thomas, 2008). It also provided a comparison of the online education programs and the face to face programs and how they affect recidivism. This data gave accurate information of the best method of education and training and its importance.

            There are various methods used to measure the data provided. The basic information was analyzed through the nominal data measurement while the ratio data technique was used to analyze the data that was derived from the publication documents and other forms of literature from the internet (Pathak, 2005). The measurement techniques used will help to critically analyze and evaluate the information provided in order to present accurate results.

Differences between online and face to face education in prisons

            Throughout history the face to face learning method has been very common in both class rooms and in seminars or conferences (Taxman, & Pattavina, 2013). However, the face to face learning has is more often complex a, irregular and impulsive. We need to understand that the skills, strategies, tactics and techniques that are used in face to face education is very different from the online education (Taxman, & Pattavina, 2013). The face to face learning method is whereby the instructor or teacher meets physically with the students who in this case are the inmates. In this method of teaching there is a set place for the learning process where all displays and performances of work are allowed (Taxman, & Pattavina, 2013). This is to mean practical learning with physical examples is allowed. The online method of learning is whereby the students who are inmates are able to learn through electronic machines through computers with the physical presence of the instructors (Dickinson, 2003).

            It is vital to note that at times the aspect of online prison education is brought about as a result of the lack of resources that are able to provided face to face education to all the inmates around the world. This then allows the use of didactic media without the necessity of participating in the face to face interaction where each inmate is responsible for their own learning. Nevertheless, educating inmates enables them to learn and to be taught. This is to mean that the education rests on an academic and scholarly level and formative education conforms into a development of personality and allows the manifestation of the behavior of the learner. As a result of this it is evident that online education educates at a distance as compared to face to face education.

            It is vital to note that online education has gone through a series of evolution in terms of its definition, the methods and the tools of delivery. This is as a result of the ever growing technology that allows the invention of new machinery and the upgrading of software (Dickinson, 2003). It is vital to note that the penetrability of the internet around the globe has allowed for the educators and instructors to modify the conventional means of learning especially for the inmates and also reconstruct different methods in order to provide greater access to information on the internet (Dickinson, 2003). This is because most inmates lack the basic skills on how to operate a computer. This therefore means that for them to acquire online education, they must first be taught on how to operate the machinery involved thus lengthening the learning process (Thomas & Thomas, 2008).

            As discussed above, online education requires the inmates to be self-disciplined and responsible (Thomas & Thomas, 2008). This is to mean that the inmates are expected to take the greater initiative to learn, access and understand the material that has been delivered by the online instructor. It is important to note that the inmates are people who are being rehabilitated in order to develop character and therefore the aspect of personal initiative to learn may be lacking (Thomas & Thomas, 2008). This is to mean that despite the fact that online education is good and saves time, it may not be the best method of educating inmates especially in prison. It is vital for the instructors to use the face to face method learning and if necessary introduce the online learning at a later stage.

Face to face education method in prison systems

            It is vital to note that face to face method of learning allows the inmates to interact and research states that human beings tend to learn better in person environments (Eby & Yuzer, 2013). In the conventional world, precisely everything is being run through digital media. For instance; communication is achieved through the internet through phone calls and email messages and as at now most people are working from a place of their convenience (Eby & Yuzer, 2013). Although the benefits of the advancement of technology cannot be denied, we need to note that before this invention interaction was more than today (Eby & Yuzer, 2013). However, we need to understand that human beings are not able to use this media unless they are conversant with the modalities of operation (Zoukis, 2014).

            The inmates are human beings thus to mean that they are social beings. Human beings at all times crave for interaction and physical connection (Wilson & Petersilia, 2011). This helps to define character and behavior. Research states that physical interaction is one of the best ways to learn, communicate and also to attain and keep memories. It is true to say that most relationships are developed as a result of physical interaction with bonds and connections being made easily (Wilson & Petersilia, 2011). This is to mean when inmates undergo through a face to face education system; they are able to learn from one another. This is very critical in character development and also helps them to remember what they do practically (Wilson & Petersilia, 2011). For instance inmates who undertake a carpentry class are able to remember the practical aspect of joining things physically than using digital media.

            It is through face to face model of learning where the inmates are able to interact with the instructor and ask questions (Wilson & Petersilia, 2011). This model provides a plat from where the inmates are able to ask questions thus increasing clarity and understanding. The quality of education is also increased using the face to face learning as compared to online education (Zoukis, 2014). This is because the instructor or the educator is not limited to a particular book or a rigid work plan. They are able to disintegrate information therefore being able to touch on different areas on the same topic (Zoukis, 2014). This increases understanding and the technical know-how for the inmates. Some of the benefits of face to face learning in prison are discussed below;

• Focus

                        Research states that when the inmates are led in education and training sessions     by the             instructors they are able to focus more on the subject being taught. This is because            such people have minimized distractions as compared to online learning (Siegel &        Bartollas, 2014). It is also evident that the inmates go through a lot of emotional distress          and therefore the possibility   of lack of concentration is high. However, the face to face       education helps to increase concentration (Siegel & Bartollas, 2014).

                        The use of computers for online education allows the inmates to have access to     other    sites and therefore tend to incline more on the things that are exciting such as     games or social media than the education. In such a case the significance for the      education is lost (Siegel & Bartollas, 2014). Using the face to face learning method, the instructor is able to monitor the    behavior of the students and find activities that will           engage them and thus ensuring that they capture that which is taught to them (Siegel         & Bartollas, 2014).

• Confidentiality

                                    The aspect of confidentiality is well achieved using the instructor and         trainee model of learning. This is because everything that is said in a classroom is             said to be confidential (Taxman, & Pattavina, 2013). For instance; in a character    and behavior   development class, the different inmates discuss their problems and character traits which     they may want to remain confidential to the class only. Online education does not provide        for that because information is provided wholesomely to all people thus privacy is not       attained (Taxman, & Pattavina, 2013).

                        It is also vital to note that a face to face setup allows the instructor to handle each inmate             individually. This is because the convicts may be having different needs and          therefore despite the corporate teaching; the instructor is able to handle issues at an         individual level (Taxman, & Pattavina, 2013).

• Practice

                        Online education allow the participants to exercise the new skills through simulation exercises which are good but cannot be compared to the practicability of        exercising the skills acquired in a class room with the instructor (Davis et al, 2013). This     is because the instructor is able to guide the convicts using a step by step model thus          increasing understanding and minimizing errors (Davis et al, 2013). For example, in a   carpentry class, the practical classes cannot be undertaken using the online mode of             learning. The practical exercise helps to increase efficiency and the inmates can try it as   many times as possible until they are able to do the work effectively without supervision          (Davis et al, 2013). It is also vital to note that most of the convicts undertake the technical   classes alongside the soft skills classes (Davis et al,     2013). This is to mean they    are       able to physically exercise communication skills to one another thus allowing growth.            The aspect of practical exercise of the skills also increases competition among the       inmates (Davis et al, 2013). This enables them to strive to be better among competitors a skill that is needed in the society.

• Adaptability

            An instructor in a face to face learning process is able to adapt to the specific needs of the participants (Leung et al, 2008). This can be explained by the fact that the learning process is easily flexible to the specific needs that the participants may be facing on a particular subject (Leung et al, 2008). This is of more benefit than online education because adaptability of limited. The aspect of adaptability increases the capacity to understand for the inmates and also puts them at a better position to practice after they are released from prison (Leung et al, 2008).

• Establish a dialogue

            As discussed above, online education is carried out using computers and therefore initiating conversations is very difficult. However, face to face learning models allows the inmates to have an opportunity to ask questions from the instructor (Delaere et al, 2013). In this case the instructor is also able to conduct follow up especially on assignments. It is also evident that the dialogues play a major role in increasing understandability and also increase knowledge on diverse aspects of life (Delaere et al, 2013). People are also able to speak their hearts out and also encourage one another. These conversations allow people to heal especially from hurts and traumas thus encouraging them to move on with life positively (Delaere et al, 2013).

• Informal learning

            Using the face to face communication, the inmates are able to learn from one another. Research states that a higher percentage of what people learn does not come from the content of training but on the informal discussions that the participants hold (Gordon & Weldon, 2003). Despite the fact that all the people in the prison are convicts, they may have a special skill or knowledge that when passed to the rest can be of great benefit. It is also important to note that through these informal activities that talent is discovered (Gordon & Weldon, 2003). For instance a group of inmates may come together to talk about sports and also engage in such activities. This can help to identify talent and therefore aid them in using it positively.

It is also through the informal discussions where personal relationships are developed (Gordon & Weldon, 2003). This can help in the creation of networks even in business; and that can be used even after their release. For instance two inmates taking different training courses can partner in business and become successful.

            As discussed above, face to face learning offers a dynamic environment and also fosters relationship between the instructor and the participants. Such connection is in most cases lost through online communication (Sedgley et al, 2010). It is also important to note that that the information provided using this model of education often has content that is rich in information thus allowing the inmates to be have more clearer understanding on the training given. It also allows for the memorable experiences that normally take place in a class room setup which can be deduced through body language and behavior. This also includes mannerisms, gestures, facial expressions and tone variation. Face to face learning not only allows for the information to be heard but also to be felt (Sedgley et al, 2010). Research states that human beings are able to easily information that was accompanied by gestures or behavior rather than theoretical learning like that provided through online education. It is also vital to note that face to face learning provides a personal element as compared to online learning (Sedgley et al, 2010). This is to mean that responses, connections and reactions can be experienced and therefore responded to effectively. Feedback is also received instantly and therefore the instructor is able to know which areas to spend more time in learning than others (Sedgley et al, 2010).

            It is vital to note that through the face to face education character is monitored and therefore the educators are able to correspond appropriately in rehabilitating the inmates (Delaere et al, 2013). It is also vital to note that online education offers a blanket of anonymity and therefore the inmates are able to participate insincerely by giving false answers. Since there is no physical stimulation to the learning, the inmates are involved in either reading a book and therefore there is no added value (Delaere et al, 2013). The risk of misinterpretation of information is also very high in online education as compared to face to face learning. Face to face education also increases the participation of the inmates and therefore increase attention and reduces boredom (Delaere et al, 2013).

            From the information provided, it is evident that face to face education in prison is the best way to attain the skills and proficiencies required for the inmates. It is also clear that they are able to retain the information acquired in order to become reliable citizens in the future and to the society as well (Khatibi & Grande, 1993). This is therefore means that face to face education is one of the best ways to reduce recidivism. It is also evident that formation of character is well attained through face to face learning.  

Online education in prison systems

            The American prisons are currently flooded with inmates; the approximate number is 2.4 million people. The huge number has caused the management of such prisons to be difficult especially through the vocational and educational programs (Leung et al, 2008). However, the country is till aimed at ensuring that the inmates are rehabilitated and trained to become responsible citizens in the future. Therefore, this has caused many inmates to receive such education through online media (Leung et al, 2008). As discussed above it involves the use of computers and digital media. This trend has been effective especially with the advancement of technology.

            It is vital to note that online education is very beneficial in that it is convenient. This is to mean that individuals are not pushed into going to a class room but learn at their own convenience (Willems, 2013). It allows flexibility among the inmates in terms of time and location. It is also vital to note that the inmates are required to have a self-drive and responsibility of governing their own learning times (Willems, 2013). This has posed a great challenge because most inmates require to be guided in order for them to engage in learning activities. In this case, the educator delivers the content and it is the responsibility of the inmates to learn and practice what they have learnt (Richmond, 2014). Statistics state that this type of individual and independent learning can pose a great challenge especially to those participants who not effective learners. Other inmates may lack the motivation to learn on their own especially when faced with an issue that they cannot understand and may be forced to discontinue the learning process (Richmond, 2014).

            It is also clear that online education does not provide adequate student support like in the face to face education. This is because aspects such as understability are limited as one is forced to get only that which is provided in the digital media (Richmond, 2014). It is also clear that assistance is not provided and this is one of the major reasons for participants in online education to drop out. It is also important to note that there is no presence of the relationship between the instructor and the participants thus creating boredom and monotony of having to listen to an instructor online without the practicability of the study (Richmond, 2014).

            The learning objective for the inmates is to ensure that character is molded and behavior is rehabilitated. It is not possible to get accurate evaluations using online assessments because the inmates can give responses that are not accurate and therefore the objective is not attained (Richmond, 2014). This therefore means that in order to note character change physical monitoring is necessary. Nevertheless, online education helps to reduce the costs related to classroom as learning is easily accessible and convenient (Willems, 2013).

            The practice for online education has greatly increased because it is an easy way of acquiring knowledge (Willems, 2013). Through online education, participants are able to learn a lot of things in a short time thus shortening the learning process. The participants are also able to access the various resources such as books, journals and other information easily form the internet too (Willems, 2013). Despite the benefits of online education in many prisons worldwide, educators and instructors tend to incline on the traditional based face to face communication. This is because there are several draw backs associated with online education as discussed below;

1. Quality

The information that is mostly produced through online education is often of low quality (Eby & Yuzer, 2013). This is because the context cannot be explained further as in the case of face to face learning. The lack of communication with the instructors may tend to frustrate the participants especially in cases where they are struggling with the course materials (Eby & Yuzer, 2013). Inmates who may have questions in regard to the course content are not able to ask and therefore understability is difficult. It is also evident that there are some courses that are in the process of development and therefore proper and rich content may be missing on the internet. It is also clear that there are some employers that do not accredit online certifications (Eby & Yuzer, 2013). This is because they are considered to be invaluable. This is to mean that the certifications that are given to the inmates may tend to be of no use to them if they are not considered by employers. As a result of this, most inmates value the face to face education rather than the online education (Leung et al, 2008).

It is also vital to nota that the course work is associated with excessive reading and writing due to the lack of an instructor. This may pose as a great challenge especially to the inmates who do not have proper reading and writing skills (Eby & Yuzer, 2013).

1. Practicability

It is evident that most of the learning carried out by the inmates is mostly practical (Dickinson, 2003). This therefore means that practicing through online education is difficult. This is because the responses given through simulation exercises may not be accurate like the face to face learning method (Dickinson, 2003).

Comparisons for online and face to face education in prison systems

1. The sense of control to the instructor

Online – the control of the instructor is very minimal and it is very easy for the participants to ignore the instructor (Barak, 2007).

Face to face – there is increased leadership from the instructor and it is not easy to ignore them (Barak, 2007).

1. Meeting conditions

Online – the participants can access information anytime (Thomas & Thomas, 2008).

Face to face – the participants have to wait for one another before the lesson begins (Thomas & Thomas, 2008).

1. Mode of learning

Online – the main form of communication is through text; it can be structured and limited (Thomas & Thomas, 2008).

Face to face – the main form of communication is verbal. There is free exchange of ideas and opinions (Thomas & Thomas, 2008).

1. Physical context

Online – there is no physical context other than use of text (Wilson & Petersilia, 2011).

Face to face – there is a very strong physical context as all participants need to meet together in a room (Wilson & Petersilia, 2011).

1. Time

Online – there is no scheduled time to meet as those participating in the online education meet at their own convenience. In this case deadlines are not adhered to as it is difficult to locate all the participants in a given time (Barak, 2007).

Face to face – the participants have specified times for meeting as the participants are required to meet all together at a specific location and time. Deadlines are kept as they expectations to meet are quite high (Barak, 2007).

1. Content of work

Online – the course work may touch on multiple issues at the same time and the work may be interweaved with other activities. There may be cases of information overload especially after long periods of being away (Zoukis, 2014).

Face to face- the course work is detailed, focused and dwells on one agenda at a time. The discussions are often completed before the meeting is over. There is critical analysis and evaluation of the topics of discussion thus increasing understanding (Zoukis, 2014).

1. The dynamics of the group

Online – there is less anxiety as there is no supervision. Participants are not required to actively engage in discussions thus understanding is limited. The channel of communication has an impact on the group (Zoukis, 2014).

Face to face – there is a lot of anxiety especially in the beginnings on what to expect. All participants are required to take part in the discussions (Zoukis, 2014).

            Technical skills are very critical in the training of the inmates. This is because they offer the practical knowledge that increases the chances of employment for the inmates (Wilson & Petersilia, 2011). These courses help the inmates to find employment and reintegrate with the society after their release. However, we need to note for the effective education of these skills; face to face communication is necessary (Wilson & Petersilia, 2011).  Statistics show that approximately 75% of the inmates acquire employment as a result of the technical skills acquired. The soft skills are also very vital in the character development but these can be achieved through online education (Zoukis, 2014). However as discussed earlier, the online method of learning needs to be practiced at the later stages of learning because some of the inmates even lack the basics of learning.

            From the information provided, it is true to say that face to face education plays a very critical role in ensuring that inmates are well trained and educated because it allows for easy, integrated and practical learning (Wilson & Petersilia, 2011). The in mates are also able to retain a lot of information from the face to face model of learning than the online (Wilson & Petersilia, 2011). Nevertheless, both models are very important in ensuring that the inmates are educated and thus reducing the recidivism rate.

Findings

            Annually thousand of ex convicts leave the prisons and jails and return to their families and the society (Siegel & Bartollas, 2014). However, a huge percentage of them productively reintegrate with the society and secure employment opportunities thus becoming productive citizens while others commit crimes and are re arrested and taken back into prison. However, there are several factors that account as to why some of the ex -convicts succeed in life after prison while others do not (Siegel & Bartollas, 2014). The main reason is lack of education and technical skills that can enable them to get employment. Correctional educational and training programs are very important to a nation to ensure the future of the inmates is secure (Siegel & Bartollas, 2014).

            However, the main question that is asked is, do the educational and vocational training programs work for the inmates? According to the information in this research the accurate answer is that the programs are successful in rehabilitating the convicts. Statistics show that a large percent of inmates that have undergone these education programs have a low recidivism rate as compared to those that have not gone through the programs (Siegel & Bartollas, 2014). These results also show that the cost of re incarcerating inmates is greatly reduced as well. Statistics show that that 45% of inmates who participate in correctional education programs have a 70% lower risk of engaging in criminal activities again. This is to show that the educational programs play a major role in ensuring that the rate of recidivism is minimized (Davis et al, 2013).

            However, the method used to provide the education and training is of great importance. As discussed the face to face method of learning is the best to ensure that the inmates have a profound knowledge on the skills required to carry out different tasks. Unfortunately, the huge numbers of inmates especially in the United States pose a challenge to this model of teaching (Taxman, & Pattavina, 2013). Organizations that are involved with the rehabilitation of the inmates have provided educators and instructors who will help to ensure the success of these programs in prison institutions. Research also shows that there are other benefits associated with the education and training programs that enable the ex convicts to be very successful people in the society (Taxman, & Pattavina, 2013).

            It is also evident that the education and training programs have a positive effect on the economy of the nation. This is because maintaining the inmates in prison is associated with increased costs and especially those that are rearrested (Taxman, & Pattavina, 2013). Those that are employed actively participate in the gross domestic product and the gross national product of the country thus improving the economy of a nation especially through taxes (Davis et al, 2013).

Recommendations and conclusion

            For education and training to be effective in prison institutions, adequate facilities need to be provided through the necessary bodies. The training programs can be done through workshops, conferences and seminars. The analysis and evaluation of the perfromance should be carried out regularly in order to identify the weaknesses that need to be improved. It is critical for non-governmental organizations to fund the institutions and also ensure their maintenance. The inmates that have gone through the vocation educational and training programs should be automatically employed after their release in both the public and private sector. Stigmatization should not be allowed especially for the reformed ex-convicts but instead should be appreciated and encouraged to live positively. 

            These education programs are very important in the rehabilitation and deterrence process for inmates in prison institutions as they enable them to have an increased probability of successful recuperation and restoration in the society as they will be able to acquire employment and improve their standards of living. This therefore means that training and education programs help to reduce recidivism rate amongst inmates.

References

Davis, L. M., Bozick, R., Steele, J. L., Saunders, J. M., & Miles, J. N. V. (2013). Evaluating the effectiveness of correctional education: A meta-analysis of programs that provide          education to incarcerated adults.

Taxman, F. S., & Pattavina, A. (2013). Simulation strategies to reduce recidivism: Risk need        responsivity (RNR) modeling for the criminal justice system. New York, NY: Springer.

Siegel, L. J., & Bartollas, C. (2014). Corrections today. Belmont, CA: Wadsworth, Cengage        Learning.

Wilson, J. Q., & Petersilia, J. (2011). Crime and public policy. New York: Oxford University       Press.

Zoukis, C. (2014). College for convicts: The case for higher education in American prisons.

Barak, G. (2007). Battleground: Criminal justice. Westport, CT: Greenwood Press.

Thomas, R. G., & Thomas, M. (2008). Effective Teaching in Correctional Settings: Prisons,        Jails, Juvenile Centers, and Alternative Schools. Springfield: Charles C Thomas             Publisher, LTD.

Dickinson, T. D. (2003). Community and the world: Participating in social change. New York:   Nova Science.

Eby, G., & Yuzer, T. V. (2013). Project management approaches for online learning design.       Hershey PA: Information Science Reference.

Leung, E. W. C., & Workshop on Blended Learning, WBL. (2008). Advances in blended learning: Second Workshop on Blended Learning, WBL 2008, Jinhua, China, August 20-      22, 2008 : revised selected papers. Berlin [etc.: SpringerLink [host.

Willems, B. (2013). Outlooks and opportunities in blended and distance learning.

Scott, R. (2015). Bringing college education into prisons.

Richmond, K. M. (2014). Why Work While Incarcerated? Inmate Perceptions on Prison   Industries Employment. Journal Of Offender Rehabilitation, 53(4), 231-252.

Khatibi, M. "., & Grande, C. G. (1993). Correctional Education Planning: A Systematic    Approach to Vocational Training. Journal Of Correctional Education, 44(3), 152-155.

Delaere, G., De Caluwé, S., & Clarebout, G. (2013). Prison Education and Breaking Through the             Walls in Flanders: The Motivational Orientations of Long-Term Prisoners. Journal Of      Correctional Education, 64(3), 2-21.

SEDGLEY, N. H., SCOTT, C. E., WILLIAMS, N. A., & DERRICK, F. W. (2010). Prison's         Dilemma: Do Education and Jobs Programmes Affect Recidivism?. Economica, 77(307),      497-517.

Gordon, H. D., & Weldon, B. (2003). The Impact of Career and Technical Education Programs   on Adult Offenders: Learning Behind Bars. Journal Of Correctional Education, 54(4),        200-208.

Pathak, R. P. (2008). Methodology of educational research. New Delhi: Atlantic Publishers &     Distributors.

Kothari, C. R. (2005). Research methodology: Methods & techniques. New Delhi: New Age        International (P) Ltd.

            Organized Crime

            Response 1

            Organized crimes are effective in impacting our lives in distinct ways as individuals have to be watched closely by parents or guardians.  For example human trafficking is a crime in which organized crime is best known for and this therefore requires parents to be very careful with their children.  Organized crimes influence us to pay higher taxes on services and goods because of cheaper prices which are likely to be associated from stolen products from suppliers.  CCE and RICO particularly focus on organized crimes which involve organizations and groups which commit crimes and by associating the groups with the crimes they can then be charged (Benson, & French, 2008). The organizations have greater drugs holds which are found in almost each neighborhood.

            RICO law was developed in the attempt of eradicating organized crime by determining sanctions and provisions in order to permit those that participate in organized crimes to be tried (Benson, & French, 2008). CCE is a law that targets traffickers who are involved in large scale trafficking of drugs as well as humans.  The organization is known to be dangerous because they utilize violence and intimidation in controlling other organization (Benson, & French, 2008).

            A RICO example is when several organisations’ member’s runs profits and drugs and the activities are spread within all the members to ensure that each one is involved in crime. A CCE example is when drug dealers who are in large position traffics drugs continuously across the world.

            Response 2

            Money laundering is associated with corrosive effects on the national financial system (Benson, & French, 2008).  This is because it is linked to illegal profits and the criminals are effective in manipulating the national financial system which results in losses. The laws implemented currently are not effective enough in stopping crimes occurrences. This is because they require more resources and working individuals who work to combat crimes (Benson, & French, 2008).  Communication within the agencies would help in stopping trafficking that is increasing rapidly.

            References

Benson, M., & French, J. L. (2008). Organized crime. New York: Chelsea House.

PROBATION AND PUNISHMENT

Probation is the period where an offender is under supervision which is directed by the court as a replacement for serving time in prison. The criminals are required to desist themselves from the proprietorship of firearms, abide by curfew; obey the probation officers, live in the directed areas and not to leave the jurisdiction. The offenders are held responsible for their actions. They are further restrained from the use of alcoholic beverages. Punishment includes penalty, fine or confinement due to the unpleasant and undesirable character (Newman, 2010).

 Kris young walked in a city wear in a popular clothing line and tried a leather jacket and tried to walk out with it without paying for it.  The manager in charge stopped him and handed him to the police. He was unable to pay the bail and he remained in custody. He did plead guilty to the theft. He was imprisoned for a year and it was later suspended and was given intensive probation. During his juvenile probation, Kris was arrested for yet criminal trespass and was further added probation time (Newman, 2010).

Robert Donovan a Jurisville probation officer sets out the intricacies of probation. Kris had a problem with his behavior and the environment around him did influence him to his conduct.  I do agree with Robert instances though Kris and an individual need peer support to help him in his behaviors. To begin with Robert emphasized on the background of the problem which will play a great role in a successful completion of a probation period such as marital status, crime history, employment and education (Newman, 2010). In the case of Kris, there existed a criminal record from a very early age which continued through his life. He made mistakes especially due to the influence. The relationship between Kris and his parents should be established including his high school education. It is seen that Kris wanted to prosper in life but he made very wrong decisions along that landed him in trouble (Duff, 2003).

I agree with Robert about the monitoring of Kris by the probation officer. These monitoring programs keep Kris on track and avoiding trouble.  The reporting was critical and the cooperation from a probation officer and Kris had positive impacts. This also enabled Kris to rehabilitate in the right direction. This means engaging in the Kris problem played an important role and counseling must be provided to enhance progress. This is a very unique and effective way that will facilitate understanding due to the close attention (Newman, 2010).

 In my own opinion, I disagree with Robert about education. As much as it plays an important role it can also be used as an advantageous tool by criminals. As part of probation, education should be taken seriously for law enforcement and ensure that the law keeps up with the criminals. Education should not be used to perpetrate crimes through the use of the new technology (Duff, 2003).

Brennan Brooke who is a senior criminologist lays out how the inmates are tailored using appropriate facilities. He prosecutes and recommends criminal justice policies. Brooke advocated for orient incentives and practices that were perfect to any criminal to facilitate better recovery of the process. This would reduce the criminal rates and mass incarceration.  There are vital decisions that drive the criminal justice system about whether and against whom to bring into the book. It is a powerful decision and one that is unique (Duff, 2003). However, according to Brooke, there should be a more and a broader role played by the prosecutors, such as leading away towards change. There should be simultaneously growing consensus that will help shift practices in the localities as well as the state. This will encourage the prosecutors to be more effective through just practices and encourage them to move forward. This recommendation will help reduce any kind of violence and eliminate any serious crime. Through the new policies, there will be a great reduction in the numbers of the prison population. Through this practice recidivism will be greatly reduced (Kleiman, 2009).

 Kris young is a perfect candidate because he shows the challenges that are the prosecutors and the whole criminal system. Kris was determined to change but still made wrong decisions. This shows that there show to be a system out in place to assist them to realize the best version of themselves. He was young when he started being on the wrong side of the law that clearly shows what the young people go through. The type of relationship he had with his family and throughout the high school education had a lot to shed about the kind of life the young generation face (Kleiman, 2009).

Orlando Boyce who is a sergeant at the fictional Deep hall correctional facility outlines the measures that will decrease of recidivism. Through social integration in the prison life, it would be made more effective. Programs such as reintegration, addressing the risk factors and international standards will make prison life more effective to prisoners. Pre-release, offender’s supervision and assignment and early release programs will make prisoners make an effort to change. In this way, the prison will play a great role in making the life of prisoners and that of the system more effective (Duff, 2003).

Reference

Duff, A. (2003). Punishment, communication, and community. Oxford [u.a.: Oxford Univ. Press.

Kleiman, M. (2009). When brute force fails: How to have less crime and less punishment.            Princeton: Princeton University Press.

Newman, G. R. (2010). Crime and Punishment Around the World. Santa Barbara, Calif: ABC-    Clio.

Discuss the training part of police misconduct in the state of Ga, the academy hours etc, police brutality Police misconduct in the public eye News Social Media Corruption/murder/brutality/ Reasons Officer training Life or death situation

The Police are trained in different ways in order to be able to conduct different activities at ease. This has therefore see them undergoing very strict training which is necessary for making them to be able to adapt to the situations at hand and make sure that they maintain the law and order (Godwyn & Gittell, 2012). Furthermore, the Police are trained to react according to the intensity of the crime. Thus if a criminal charges back to the officer then, the officer has the right to protect his own life. This consequently means that the police is justified to kill in order to save his own life. On the other hand, if the suspects cooperates with the Police then the officer is not supposed to use any force. In order to support misconduct among the Police, the State of Georgia has therefore a police training which aims at bringing to an end police misconduct and brutality.

Each and every police officer takes part in the training in that it only takes two hours. The police are trained to deal with domestic crimes and this also take 2 hours. This allows the officers to be able to know the approaches that they are supposed to use in order to handle a domestic violence in a very good way (Godwyn & Gittell, 2012). On the other hand, the police are also trained to deal with demonstrators who turn violent. This therefore equips them thus making them able to handle different situations without injuring people. The public is also to forward those police officers who go against the law and handle them brutally without any problems. Thus the public can be able to contact the police stations and accuse the police officers who have gone against the law.

Reference

Godwyn, M., & Gittell, J. H. (2012). Sociology of organizations: Structures and relationships. Thousand Oaks: Pine Forge Press.

            Question 1

            The factors that are considered in deciding on whether to utilize forced based on international law are treaty law and customary law that exists internationally.  According to these laws they hold that all the members of the international relation shall cease being members due to the threat or the utilization of force which will be conducted against   the integrity of the territory or the independence of nations or the manners of inconsistent with the aim of the United Nations (Schmitt, & NATO, 2013).  The rule was therefore enshrined in the charter of United Nations in 1945 with valid reasons in order to prevent the nations from utilizing force to fulfill their self-desire or using the force when they felt the incline (Schmitt, & NATO, 2013).

            According to the customary international law, the law prohibits the use of force except in the two situations which are authorized by the charter of UN. The situations, therefore, include self-defense and in the aim of maintaining human security and international peace.  Article 51 of the international law states that nothing in the current charter chapter shall be responsible for impairing the inherent right to persons or collective self-defense with an attack that is characterized by arms occurs against the nation. This is therefore incorporated with humanitarian intervention right national broads protection and reprisals (Schmitt, & NATO, 2013).

            Question 2

            Preventive detention can be described as the incarcerating the person that is accused before the occurrence of a trial based on the assumption that if released they would not act in the best interests of a society. This is supported by the fact that they would additionally commit more crimes if released thus causing harm to the public.  Preventive detention is therefore used when the released of the accused person is assumed to be detrimental to the ability of the state in carrying out the required investigation (Hirsch, 2012).

            On the other hand, a bail is described as the temporary release of the accused person in the process of awaiting their trial. This is at times conducted in the situation that a number of money lodges are a guarantee that they will appear in court during the trial (Hirsch, 2012).

            Question 3

            The court should have ruled although he held the right to carry arms his conduct was unlawful. This is because he utilized the firearm to demand decision changes because he had lost his job due to his poor performance. The ATSA may not have been denied the right to material real statements in order to ensure that the air carriers, as well as the employees, did not hesitate in the provision of information which was needed for the case.  The court would, therefore, have ruled in favor of the corporation (Schmitt, & NATO, 2013).

            Question 4   

            Martial law is the nuisance of the highest ranked officer as the head of the states government of as the military governor thus eliminating the previous powers from prior executives, judicial branches as well as from the legislative of the government.  This imposition is, therefore, temporary and it is imposed when the states government or the civilian authorities fail in functioning effectively. This, therefore, involves the provision of security or providing important services and the act of maintaining law as well as order.  Martial law can be utilized by the government in enforcing rule over the individuals or the general public (Hirsch, 2012).

            When a governor calls for the National Guard activation this means that there is an eruption of violence. it is, therefore, effective in stopping the occurrence by threatening those that are involved or by utilizing violence they provides  a reliable excuse for the states or federal government to ignore the prior reasons for the unrest.  The governor, therefore, calls for the activation of the guard to ensure that the eruption of violence is stopped (Hirsch, 2012).

            Question 5

            When the indictment of a criminal becomes communal the prosecutor maintained his or her responsibility of taking the precautions against the unpermitted disclosure of the classified data during the case proceeding (Cole, & Smith, 2008). The process balances the right of the sovereign in knowing the possible threat of the criminal prosecution as well as the right of the defendant. The process is designed to ensure that it prevents the unnecessary disclosures of information and disclosing the cost towards the government (Cole, & Smith, 2008).

            Question 6

            Lawsuits can be used in deterring terrorism by using the imposition of cost strategy and the benefit denial strategy.  The benefit denial strategy is designed to contribute to the deterrence which threatens on denying the course of action benefits to an adversary.  Cost imposition threatens the retaliation while the benefit denial threatens it the failure. Cost imposition seeks to establish and attain the threat of imposing costs that are unacceptable on the adversary when involved in a particular action course (Hirsch, 2012).

            Question 7

            The agent was wrong for acting in a suspicious way. What the judge found unacceptable about the agent is that during his flight to Kennedy airport from San Diego he was exchanging seats with Amro and checking their watches in often modes thus speaking in Arabic. This was suspicious because they intended course was not determined. If he was suspected by the travelers he might have reacted in a negative way or in a criminal act (Cole, & Smith, 2008).

            Question 8

            National investigation standard may be based on case eligibility. On the grounds that the situation requires security investigation it is then conducted. The security of a nation being at stake, therefore, makes the eligibility act as the investigation standard (Schmitt, & NATO, 2013).

            Question 9

            Yes, it prohibitions drones killing.  This has been illegal since the year 1976.  They are thus prohibited because they are premeditated murder acts under all the federal states.  The murder can thus be termed as assassinations because they are secret or sudden   attacks of individuals based on several political reasons. The EO 12333 states that no individual person who is employed by the government or acts on behalf of the government of the United States shall be involved or conspire to be involved in the assassination. Indirect participation of agency or organization to undertake the request of participating in assassinations is also prohibited (Cole, & Smith, 2008).

            Question 10

FISA warrant is an authorized surveillance warrant against international spies in the United States which is enforced by the federal government and the agencies of intelligence (Moore, 2013). On the other hand, Title III warrant implies to the electronic communication warrant issued by the judge authorizing the interception of communication for 30 days upon a person who shows a probable cause. The interception is therefore designed based on the assumption that the interception will establish evidence that an individual was involved or is involved in a particular offense (Moore, 2013).

            Question 11

The case is important in illustrating the importance of once privacy in today’s world. This is because communication in the current century is mainly accomplished through electronic gadgets. The case, therefore, helps in understanding the basis of communication right as well as interception of communication.

            Question 12

            The Great Writ is a law of recourse which works when an individual reports an unlawful imprisonment or detention before the court. This is usually conducted by a prison officer who produces the prisoner and additionally produces justification for the detention of the prisoner. The prisoner, therefore, argues effectively that the incarceration was a violation of his or her constitutional right. The writ may be utilized in attaining custody of a detained individual who is involved in drugs, insane or has an infectious disease (Moore, 2013).

The Great Writ may not be suspended unless there is an occurrence of rebellion in the presented case or the public safety invasion is highly required (Moore, 2013).

            Question 13

            Extraordinary rendition is the abduction and transfer that is extrajudicial that is sponsored by the government and it involves the transfer of a person from a certain country to the other. This is also referred to as an irregular detention which is mostly carried out by the government of the United States and the central agency of intelligence (Gough, McCracken, & Tyrie, 2011).

            Question 14

            Factors that should be considered in imposing martial laws includes situations of natural disasters, the state of emergency and if there is the presence of  civil unrest that is nearing.  These situations should be considered because they result in the stability of the government as well as maintain order in the public.  The situations are relevant in imposition martial law because they might result in detrimental effects on the well-being of a nation.  Military rebellion can be ensured by developing strategies to help the public in the corporation as well as considering the needs of the military.  This is by developing a democracy and despite the strategy being impossible in the situation, it may yield understanding between the involved parties (Moore, 2013).

            Question 15

            The judged ruled that he would expand later in the day after it was established that a crucial Tanzanian witness Abebe Hussein had issued essential statements in implicating Ghailani when he was in custody. The court ruled that Ghailani should be convicted for the reason of conspiracy. However but he acquitted of all other charges due to the implications that had been made. He was sentenced to live in 2011 (Hirsch, 2012).

            Question 16

            Jones case is limited to the case evidence facts due to its nature. Based on the case facts Jones was not aware of the tracking device in his vehicle. The search was, therefore, legal and reasonable as the government had obtained a warrant. The search thus indicated that the assumption of intercepting his privacy generated crucial information. This is because they 28 days search secured indication of Jones as well as others on the conspiracy of drug trafficking charges (Hirsch, 2012).

Question 17

            The sanctions can thus be used as a tool of reducing terrorism because Iran and Cuba's area associated with the creation of nuclear which will highly be reduced. The United Nations can, therefore, utilize the sanctions a tool or penalty weapon against the two nations (Hannibal, & Mountford, 2013). This will ensure that Iran and Cuba will develop laws and strategies which are aimed at eradicating nuclear production.  The United Nations can thus promote economic growth in the two states if they cooperate in obeying the anti-terrorism material’s provision prohibition law.  This will, therefore, encourage the nations to be involved in other economic developments and curb nuclear and weapons manufacturing (Hannibal, & Mountford, 2013).

            Question 18

            The primary element that might be determined while persecuting a terrorist is the fact that they caused detrimental effects or they were conspiring to cause negative effects towards the security and safety of the public. This can thus be achieved by an investigation of the evidence or the things that were caught in the individual’s possession.  Their act must, therefore, cause major economic and social loss because their purpose of conduct was ill based (Hannibal, & Mountford, 2013).

Question 19

            One example is that in the year 2006 the congress implemented the act of insurrection as part of the defense authorization bill 2007. The W. bush argued that the congress should review the laws of federal to ensure that the armed forces held the capability of restoring public order (Hannibal, & Mountford, 2013).

            Another one is the changes that were made in 2008 in the act of insurrection of 1807 which were reverted to the prior readings of the insurrection Act. Lastly, in 2011, the president Obama signed authorization act of national defense for the year 2012 into the law (Hannibal, & Mountford, 2013).

            Question 20

            Treason is described as betraying which is conducted intentionally based on the allegations of an individual by war levying against the state government of assisting the nation’s enemies. The criminal act is punishable by death and imprisonment as it is a serious act (Hirsch, 2012).

            Material provision support for terrorists refers to the act of providing resources or materials to the terrorists when knowing or when not aware of the act.  This, therefore, involves funding terrorists with the required facilities thus aiding them against a nation (Hirsch, 2012).

            References

Cole, G. F., & Smith, C. E. (2008). Criminal justice in America. Belmont, CA:      Thomson/Wadsworth.

Gough, R., McCracken, S., & Tyrie, A. (2011). Account rendered: A compendium of        extraordinary rendition and Britain's role. London: Biteback.

Hannibal, M., & Mountford, L. (2013). Criminal litigation handbook 2013-2014.

Hirsch, B. M. F. H. (2012). Anticipative criminal investigation: Theory and counterterrorism       practice in the Netherlands and the United States. The Hague: T.M.C. Asser Press.

Moore, J. N. (2013). Foreign affairs litigation in United States courts. Boston: Martinus Nijhoff Publishers.

Schmitt, M. N., & NATO Cooperative Cyber Defence Centre of Excellence. (2013). Tallinn        manual on the international law applicable to cyber warfare: Prepared by the             international group of experts at the invitation of the NATO Cooperative Cyber Defence        Centre of Excellence.

Every person has a unique DNA and therefore it is a very accurate and primary evidence to investigate crimes for law enforcement assistance. It is used to investigate suspects by identifying the criminals who took part in the incidence (Shoester, 2006). DNA is used as primary source evidence in solving cold cases. These are cases that are kept hanging or pending waiting for discovery of new evidences. Cases of murder are also sort out using DNA with samples collected and assessed. Forensic, homicide, sexual assault cases and property crimes are also investigated using DNA. These kinds of cases are investigated using DNA as their primary source in various ways.

A study done in Florida shows that 52% of murder and sexual harassment cases were put in the database for break-in convictions. When the DNA is used, a hit of the DNA profile is able to match with those profiles in the database. This investigation helps in identifying suspects which becomes the primary source of investigation Bulman P., (2014).

Experts in criminal justice have also discovered property crime crooks that penetrate into people’s premises. Burglars in particular have been arrested severally using the technique of DNA as the primary evidence of the investigations Bulman P., (2014). DNA therefore plays an important role in getting hold of criminals who would not have been captured through other means of investigation.

Forensic cases are also best investigated using DNA. This is done through DNA profiling that was developed by Sir Alec Jeffreys in 1880s (Shoester, 2006). DNA for these cases is done by extracting samples cells of the people who were involved at the place of the incidence. Other body fluids such as blood, semen, saliva and urine are also used to ease the process (Shoester, 2006).

References

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Shoester, M. V. (2006). Forensics in law enforcement. New York: Nova Science Publishers.

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Unfair dismissal claim/Advice

According to the employment act of 1996, it is the right of a worker not to be dismissed unfairly by his employer. An employee is dismissed by an employer if the employer terminates the contract under which he is employment whether he has been noticed or not. The act also provides that when determining the purpose for dismissal whether fairly or unfairly it is the responsibility of the employer to show reason or the main reason if they are more than one for dismissing the employee. Such a reason should be related to the qualification or capability of the employee to perform the kind of work that he was employed to do or should relate to the employee’s conduct. The 2010 Act on equality provides that it is against the law to discriminate against any employee on the basis of their age. Compulsory retirement on the basis of one’s age is considered to be unfair dismissal in law unless the employer can justify to it objectively (CABRELLI, 2014, Pg.585).

The ACAS code of practice recommendation is that dismissal of an employee should not normally happen due to a failure to reach the expected standard unless an opportunity for improvement that has target and timescales that are reasonable have been provided. The Employment Act of 1996 provides that it is the right of the employee to be provided a minimum notice by the employer on the intention to terminate his employment contract more so for the employee who has been employed for a month or more. The notice should not be less than twelve weeks’ notice if he has been in continuous employment for a twelve years or more.

In the Canadian Imperial Bank of Commerce v Beck UKEAT/0141/10/RN case, the appellant tribunal found that it was satisfied to state that the role of the claimant was not redundant according to the evidence presented. The evidence clearly brings out the suggestion that Mr. Meloche and Mr. Risler had a feeling that claimant together with his team were not of high quality ,and according to words of Mr Howard, had resolved to have the marketing team upgraded. Mr Meloche said that his view was that the marketing business was not properly organised and managed and there seemed to be no plan for sustainable business. The tribunal went ahead to say that even if Mr Meloche’s view was genuine it was not true that the position was genuine. Hence the plan was to have another person take over the claimant’s position who possessed similar skills. The new employee would do a job similar to that done by the claimant and that their capabilities and skills were substantially the same as for the claimant. It further noted that the insistence by the Respondent that a redundancy was there had not assisted the proceeding’s credibility. The tribunal thus concluded that the appellant had presented fair reasons for that dismissal, and thus it was unfair. In regard to age discrimination the claimant’s statement was that he had satisfied all personal requirement specified except that he couldn’t be regarded as young. The tribunal held that it would be unlikely for the Bank to recruit someone younger to replace someone six years older. However, the use of the word ‘younger’ caused the need for explanation.  The tribunal came to the conclusion that the reasons provided for dismissal were not enough and thus age discrimination claim succeeded (Employment case Updates, 2011 Pg.1).

In relation to this case, Gary would succeed in suing the Television station for unfair dismissal on the ground that there was no justifiable evidence to show that his lack of advanced knowledge on technology resulted to poor performance. He would also claim that referring by referring to his ‘old ways’ was a direct reference to his age and that it would result to formidable case. Another legal issue is that he was not involved in a discussion about his dismissal and was not provided a timely notice for the same. His claim would involve the fact that he has the capability to carry out the job and in no single moment has he been unable to do so.  

References

CABRELLI, D. (2014). Employment law in context. OUP.582-587

Employment case Updates, (2011) Canadian Imperial Bank of Commerce v Beck UKEAT/0141/10/RN. Available at: http://www.employmentcasesupdate.co.uk/site.aspx?i=ed5961

LSTD502 FINALQUESTION 2

According to Penal Code§ 15.01 inchoate crimes refers to the acts that involve the tendency to commit a criminal offence or to participate in a criminal offence indirectly. Such crimes consist of attempting to commit a crime, conspiring to commit a crime and soliciting to carry out the crime. An attempt to carry out a crime is considered the inchoate crime closest to commit it. The conspiracy to carry out the crime refers to agreeing to carry out the crime such that the conspiracy can be charged together with the crime itself. Solicitation to carry out the crime refers to the crime where a person asks another to carry out a crime (Lacey et. al 2003).

In a society where individuals are said to have the freedom of association, the rationale that can be used to determine that inchoate crimes have been committed can be very tricky. The requirements of ‘mens rea’ for the inchoate offences in the law are mostly strict in that they require a certain intent than for an offence that is completed. There are problems of interdependency created which are worsened by the possibility of mistakes being made in determining who is or is not guilty. For example, does a person who may be thinking that they are carrying heroin but is actually carrying vegetable leaves be said to have committed the offence of attempting to import heroine, a drug. In addition, where conspiracy is the issue, an overlap is bound to happen with liability of participation.  A person who agrees to assist in a theft crime has both conspired to steal and if the crime takes place, he becomes a principal in this second degree crime (Kaufman, 2006). This analogy is important since it is legally possible for one to withdraw at a particular stage from taking part in crime and thus becomes not liable, but such a possibility does not exist in the case of inchoate offences.  For instance, a person who had been involved substantially in planning a crime of robbery but decides to withdraw and informs the police about the plan before the robbery is carried out may escape the liability for participation but yet be liable technically for conspiracy. The dilemma exist where the freedom of an individual can be curtailed by the interest of the society. This is mostly true in the current age of terrorism prevention where the need to protect the society may collide with the individual’s right of association.

In order to deal with the problems arising in the inchoate offences, there is a need to carry out reforms to come up with suitable solutions. The first solution involves addressing the differences between an attempt and the offence. This involves identifying the principles of liability on attempt which gives the instructions on how an offence for main offence of the attempt comes about. This gives a clear information that would be used to show when a person can be said to have committed the crime of attempt and when they are innocent. The other solution arise for the rule that someone cannot be held liable for inchoate offence and at the same time be charged with the actual crime. The third other approach is that prove must be provided that a person had the particular intent of committing or contributing to the crime (Lacey et. al 2006).

References

Nicola Lacey, Celia Wells, Oliver Quick, Reconstructing Criminal Law 67-68 (1^st ed.2003).

Nicholas, Kaufman, Problems Encountered in Investigating and Prosecuting Conspiracies to Commit Terrorist Offences 2006 (1-11). Available at: http://www.humsec.eu/cms/fileadmin/user_upload/humsec/Workin_Paper_Series/Working_Paper_Kaufman.pdf