"Why Are Gangs So Difficult to Define and Classify
There are several features that make the definition and classification of gangs difficult. First, it is difficult to define and classify gangs because gangs are not a cohesive group. This means that the organization is weak and loosely structured with no set of rules, hierarchy structure nor does the organization have the traditional organizational characteristics such as group name, group leaders, and more (Howell, 2003). Generally, gangs have a fluctuating structure such that members change their level of involving where some consider themselves as ‘original gangster', ‘hardcore', ‘core', ‘associate' and more. The second reason as to why it is difficult to define gangs is because gangs change over time. In other words, gangs pass through three stages namely; vertical structure, horizontal structure, and familial structure. The first means that gang members are of the same age group and they are united in fighting the rival gangs. The second stage means that members became criminally active and engaged in criminal activities such as armed robberies and drug dealing. The third stage means that members establish interpersonal relations although social activities are less due to arrests and incarcerations of the members (Howell, 2003). Third, it is difficult to define gangs because of the ‘hybrid hangs'. Today, gang members are ethnically mixed, have diverse cultures, unclear rules among other diverse characteristics that make it difficult to classify them (Howell, 2003).
Ways to improve the definition and classification of gangs.
The broad definition and classification of gangs may cause gigantic problems. Thus, gangs should be narrowly defined in order to evaluate the gang problem and offer solutions. In other words, the police departments, city leaders, politicians, researchers, schools, and parents should have a uniform definition to avoid confusion and solve community issues (Spergel, 1995). Even though gangs are distinct groups, we can use the following criteria for defining and classify gangs. First, people should define gangs as a group of criminals who are responsible for creating a defective society. Second, differentiate between the gang and delinquent groups and third, define gangs on the basis of the pattern of criminal behaviors, gang structure, and participant characteristics (Spergel, 1995)..
The role of the organization in reducing the misuse of drugs
The organization reduces the misuse of drugs by providing preventive education. The professionals use evidence-based research and evidence-informed resources in educating people about the substance and prevention (Leigey & Bachman, 2007). The professionals employ an interactive method to help them increase awareness and gain a valuable experience. Second, the organization reduces the misuse of the drug through collaboration. This means that the professionals collaborate with the community and local and law enforcement where they develop common goals. The professionals also enter in the community to educate the adults such as parents, teachers, healthcare professionals and others about the drug misuse and prevention (Leigey & Bachman, 2007). The purpose of this is to help them communicate with the youth people, monitor and support them to reduce access to the drug.
Using the administrative power in reducing the supply of illegal drugs.
As the high-ranking official, I would use my administrative power to reduce demand and supply of the drugs. First, I would focus on supply reduction to increase the costs of drugs, disrupt drug manufacturing and weaken the drug economy (Leigey & Bachman, 2007). In other words, I would create a supply-reduction policy and coordinate with the drug law enforcement in implementing interventions such as crop replacement and the regulatory boundary to the legitimate users. The supply reduction policy will reinforce the demand reduction policy where the latter will aim at developing supportive environments, forging a partnership among governments, health professionals, community organizations, and parents (Leigey & Bachman, 2007). It will also prevent drug use and adverse consequences and improve economic conditions in the community.
References
Howell, J. C. (2003). Preventing & reducing juvenile delinquency: A comprehensive framework. Thousand
, Calif: Sage Publications.
Spergel A. Irving. (1995). The Youth Gang Problem: A Community Approach. Oxford University Press.
Leigey, M. E., & Bachman, R. (2007). The influence of crack cocaine on the likelihood of incarceration for
a violent offense: An examination of a prison sample. Criminal Justice Policy Review, 18(4), 335-
Assignment 1: What Is a Gang? How Does a Gang Differ from a Fraternity?
Definition of a Gang
A gang refers to a group of persons who utilize most of their time together, in most cases for immoral or illegal goals like stealing. The members of the gangs are identifiable given that they share identity, name, and motives (Howell, 2012). A level of organization and uniformity guides the gang as a group. The group is mainly involved in a prominent magnitude of criminal operations. The operations in the gangs are performed collaboratively to achieve a set of goals.
Public Perception of Gangs
Gangs have existed for the longest time. Gangs are a common occurrence in the modern communities, and they are developed to carry out specific objectives. In this context, the public perceives typically this groups somewhat differently based on their encounters, experience, and knowledge and so on. The first perception of gangs is that they are involved in delinquency. In that wherever one refers to a gang the perception is that they are mainly involved in criminal based operations that seek to create harm to the society. On the contrary, it is true that most gangs usually play a part in significant offenses, but there are others that are formed as a means of gaining superiority. The other perception is that gangs are male based while there are those that are dominated by females. Also, most individuals believe that gangs are for the youths (Decker & Pyrooz, 2015). However, there are those gangs that are ruled by adults even though there is no age limit for joining such groups.
Fraternities as gangs
It is evident that the public mainly defines fraternities as gangs based on their perception for several reasons. For instance, when it is assumed that a gang is a group of persons with common objectives or members that are involved in carrying out specific roles. This is a description of a fraternity. Gangs are mostly involved in committing offenses for financial benefits that keep the members running. Most of the gangs are involved in looting activities, but the main activities range from trafficking to gun violence since such operations can generate adequate funds that support their objectives (Decker & Pyrooz, 2015). Fraternities on the other hand rather than carrying out crime for financial benefits the members make payment to the respective organizations to create money for the operations to run smoothly. Fraternities play a role in assisting their communities to develop, and they differ from the gangs that take away from others.
Compare and Contrast Male and Female Gangs
There are notable similarities and differences among both male and female dominated gangs. In both gangs, there are those that are entitled to the leadership roles. All the gangs are led by leaders who are involved in organizing, planning and allocating roles as a whole. Leadership helps in creating a smooth flow in the groups while carrying out operations. However, female within the male-dominated gangs usually serve secondary roles that might involve spying and be luring their targets while also acting like sex objects. Female gangs are involved in less violent crimes, unlike the male ones. In that males will mainly use guns and significant objects in conducting criminal activities but most of the female gangs rely on the use of tricks such as sexual luring to being able to achieve the set goals. Also, most female gangs are formed with the aim of demonstrating superiority over males while male mainly seeks to dominate and gain money.
Fraternities and gangs
Both groups have their unique leadership structure that seeks to ensure that the set activities run in a smooth manner. Both of them also tends to create family-like relationships where they care for each other and do things collaboratively. However, while fraternities might be involved in development where they hold events that seek to benefit individuals, gangs only take away from others as a whole. Both groups have a set of initiation rituals that involves meeting a set of targets that were set by the founders (Kontos, Brotherton, & Barrios, 2003). They both recruit vulnerable groups to become part of them without even suspecting.
Recruiting and initiation Rituals
For the fraternities, the initiation involves making contributions and meeting targets as set by founders as part of their mission. On the other hand, gangs usually subject the new members to trails that seek to determine their abilities (Decker & Pyrooz, 2015). The trials are criminal based while that of fraternities might include positive contribution mainly monetary.
Significance of Rituals
The rituals usually serve as a way of embracing the set culture and allowing the members to bond and welcome the new members. Also, the rituals help in ensuring that individuals are committed to ensuring that the set objectives are met. Also, the rituals serve as a welcoming aspect where one gets to understand the functions of the gangs and fraternities.
Conclusion
In summing up, it is evident that people frequently confuse the existence of fraternities and gangs. In that even though fraternities are involved in beneficial activities gangs are criminal based, and they seek to take away from their communities rather than build. Both female and male-dominated gangs are similar and yet different based on the activities that are carried out.
References
Decker, S. H., & In Pyrooz, D. (2015). The handbook of gangs. Chichester, West Sussex : Wiley Blackwell.
Howell, J. C. (2012). Gangs in America's communities. Thousand Oaks, Calif: SAGE Publications.
Kontos, L., Brotherton, D., & Barrios, L. (2003). Gangs and society: Alternative perspectives. New York: Columbia University Press.
Nicky Barnes illegal activities included drug peddling and especially dealing with heroine, burglary where he would break into cars and possessing different burglary tools. His drug trafficking also saw him commit many murders of people he perceived to be his rivals. Barnes was also a drug addict and filled black neighborhoods with drugs and boasted about as an invulnerable outlaw. From early on, Barnes modus operandi involved employing individuals to sell the drugs in the streets and becoming business associates with other drug dealers where they would share information regarding the illegal enterprises (Biography.com, 2014). He managed to bring together various African- American groups dealing with drugs and formed “The Council “through which they would address issues concerning their illegal business such as handling difficult people or situations. He would engage in murder to eliminate those who challenged his activities. He would bribe and some law enforcement officers so that he would have his way. He followed the example of the Italian-American Mafia, so that disputes, distribution problems and other issues related to drug trade could be settled (Biography.com, 2014).
However, unlike other criminal groups, he built upfront companies that ensured that his assets were protected even though such forms were eventually discovered by law enforcement forces. The two brief imprisonment in 1954 and in 1965 brought Barnes into known criminals Matty Madonna a known drug dealer and “Crazy Joe”Gallo a Mafia crime leader which seems to have further shape his character so that when he was released, his scale of drug business increased to an organized crime (New York Times, 1977). The two Mafia leaders he befriended appear to have influenced his actions to expand drug trade and trafficking. To prevent theft from employees, Barnes resulted to torturing or murdering them or those close to them in order to get information about the thief’s whereabouts. One such case is the murder of Clifford Haynes who was killed while Barnes was trying to get information about his sister had stolen some money (New York Times, 1977).
The typologies of organized crime focus on at least three models that consist of hierarchical structure models, local, cultural and ethnic focused models and economic models. Barnes organized crime best fits in economic models. In economic models, organized crime is defined as being driven by business considerations where the Organized Crime Groups structure is determined by dynamics in the marker and they are normally pursuing profit (Le, 2012). Thus, criminal groups’ behavior and thinking is shaped in line with the rational needs of a business. These organizations will put into consideration aspects such as opportunities for new products, market changes, profits, competition in this marker and management of risks that may arise (Le, 2012). Such an explanation clearly fits Barnes’ illegal drug trading activities which were driven by the needs for the products in the neighborhoods. The employment of workers to supply the drugs to the users indicates the application of product opportunities idea with an aim of making as much money from the sales as possible. The adoption of structures in the trade that involved partnering with associates and formation of “The Council “to deal with arising issues relates to the business idea of risk management shows hoe the activities aligned with the crime typology. The issue of competition in the market is also addressed in the formation of such partnership so as to deal with supply difficulties and people who presented a threat to the illegal business. Other crime typology related issues include core group and criminal networks. Core group refers to unstructured criminals groups that whose members include a network of associates and which ensures that internal discipline is maintained (Le, 2012). Criminal networks relates to adaptable networks with members having different characteristics and skills who are sought to serve specific jobs (Le, 2012). The Council formed by Barnes, the various associates and employees indicates an adaptable network that enabled him to expand his operations in the neighborhoods, deal with law enforcement officers and other people who challenged their activities. The members of the network were organized around the illegal activities and majorly connected through ethnic ties.
The Harlem’s community must have been intrigued by Barnes Charisma and the audacity to escpae the law enforcement on multiple times. The illegal business benefited the community members probably due to lack of sufficient means of livelihood. This resulted to a situation where the only major source of money was drugs and even other business were relate to this trade. For instance, Barnes invested in other types legal businesses which must have benefited the community members thereby tolerating his illegal activities (Roberts, 2007). The place had become the drug-trafficking and trading center for the country so that it was openly sold to black people on the streets and whites in their cars. Barnes was considered a legend in the community due to the flamboyant lifestyle and the invulnerable swagger that the people in the street saw as a way of defying the officialdom. There was a significant part of community population – about 200,000 who were addicted to drugs forming a sizeable market. There was unwillingness on the part of the community to deal with the drug menace (Roberts, 2007).
Furthermore, the fact that Barnes had not been sentenced for any charges brought before the court against him by the law enforcement led to the ide among the community that he was untouchable. The researching and prosecution of the cases was poorly done and within a short time due to heightened publicity related to Barnes arrest and were often dismissed on appeal (Roberts, 2007). The failure by the law enforcement officers to conducted thorough research and prosecution left the community with no choice but to contend with his activities since the saw that any action they would take would not bear any positive results. In addition, some members of the community may have sided with Barnes’ lawyers that he was unjustly being targeted by the law enforcement authorities and prosecutors.
The structure of Barnes activities was centered on a drug council that he established with his associates such as Joseph Hayden to provide their resources necessary for offering security and allocation of territories for the sales mainly in Harlem. Earlier on, Nicky Barnes employed one person to provide security and others as street dealers. Later he would employ people as captains who would act as his capo and would oversee the activities, collected the money and deliver it to him (New York Times, 1977). He would use these employees for his dealings. This provided him with three levels of people at minimum between the drugs and himself and these acted as protection layers for him. The many people working under him ensured that he remained organized. The organization of his workers ensured that he was protected from the being ambushed by law enforcement officers who were always on his trail. In partnership with his associates they came up with a specific a manner of exchanging the products so that they would not directly come into contact in the transaction but use the employees as the link.
Conclusion – organizational skills
Barnes organizational skills were depicted in his ability to securely carry out sensitive deals and transactions without being convicted for the crimes. The skills also extended to the recruitment of tactical employees who would carry out the transactions on his behalf. The creation of The Council was necessary so as to have internal controls for the various activities undertaken by the Mafia. The networks established by Barnes and his associates also ensured that drug trade activities were coordinated make these organizations effective enterprises. The organizational structure developed by these Mafia ensured that issues arising in terms of drug delivery were solved while dealing with individuals who were hindrance to drug trafficking and selling operations in the market. However, Barnes could not manage to use such skills in operating legitimate businesses which requires one to be patient and expected losses or profits. For example, illegitimate drug trafficking business offered easy and quick cash generated from the available market in the community. The fact that drug were mostly consumed by people who were addicts assured the Barnes of constant cash inflow. In the legitimate business, utilizing these skills requires dealing with dynamics in market demands and supply that did not assure profits
References
Le, V. (2012). Organised crime typologies: Structure, activities and conditions. International Journal of Criminology and Sociology, 1, 121-131.
Roberts S., (2007).Crime’s ‘Mr. Untouchable’ Emerges From Shadows. Retrieved from:
The duties of a police Chief center around planning on how to safeguard the residents of a medium city. To achieve security objectives as a police chief, I have to prioritize specific factors and to seal any loopholes based on law enforcement strategies. One of the elements is impaired mental perpetrators of criminal activities. Many things come into play when dealing with mentally disabled criminals. Thus, my department devised programs on how to deal with criminals with mental issues. Additionally, I had to outline a plan on how the department would handle cases to do with mentally ill criminals.
An average officer encounters a mentally ill criminal severally during an operation. Therefore, it is only natural for the department to increase programs that enhance an officer's mind and sharpen skills that in turn help them to deal with situations more efficiently and defuse any tension that arises from such circumstances (Parry, & American Bar Association, 2009). More so, programs educate an officer and make them look at the various perspectives when dealing with such criminals. In fact, programs such as the policing of people with mental illnesses give an in-depth look at how an officer react when faced with a mentally ill criminal and defines the role of an officer. Most of the times, encounters between the police and mentally impaired criminals is dangerous to both of them. Hence, incorporating programs that assist authorities to learn on the issue brings about a peaceful environment.
Programs go hand in hand with resources that will see to it that issues addressed in the plans come to life through implementation. One of the funds is the federal rights such as the disabilities act. The act helps to distinguish threats posed by people with mental illness and how to identify one before any confrontation. For instance through the body language and sign language (Parry, & American Bar Association, 2009).
Mentally impaired offenders need a separate system from the standard one. For example, their forensic testing, assessment and management layers differently from the typical one. In fact, the system is more complicated and needs the assistance of a psychiatrist on standby to give an accurate evaluation into the mind of the criminal. Coupled with a psychiatrist and a psychologist, extensive work goes into guiding the officers through information derived from such criminals. Therefore, an effective plan needs to factor in a specialty such as psychiatrists and psychologists as valuable resources (Heller, & Dubber, 2011).
The criminal procedure is another factor that needs a lot of consideration when trying to implement a plan that will handle mental decreased criminals. The impaired psychological act of 2003 caters for procedures that handle cases in such contexts. The bill determines if an individual is fit to stand trial or not in court. The process is critical as it decides what passes for impairment and what does not. In addition, the procedure takes into account impairment in court and gives the appropriate punishment based on the crime perpetrated. After specific criminal sentencing, the same process paves the way for other ways of dealing the criminal other than the confinement since it anticipates the cases from the beginning to the end (Heller, & Dubber, 2011).
In short, to ensure justice and fairness on both sides of the divide a new system apart from the typical one needs to deal with cases to do with mental impairment. First ensuring that programs incorporated into the department give an individual the technics to handle criminal with mental challenges. Resources such as federal laws are critical in ensuring that justice gests a chance to shine bright.
References
Parry, J., & American Bar Association. (2009). Criminal mental health and disability law, evidence and testimony: A comprehensive reference manual for lawyers, judges, and criminal justice professionals. Chicago, Ill: ABA Commission on Mental and Physical Disability Law, Criminal Justice Section.
Heller, K. J., & Dubber, M. D. (2011). The handbook of comparative criminal law. Stanford, Calif: Stanford Law Books.
The death investigation is the process of systematically analyzing a specific person or location to find out the main cause of death. This process is mainly undertaken by police or concerned members of the family of the deceased with the help of police investigators or medical officers. Death may occur as a result of these main four processes, natural death, homicide, suicide and accidental death. The death investigation has certain goals that are achieved when the process complete. These goals are, identifying the cause of death, categorizing of the manner of death, collecting significant evidence, preparation of the death certificate and finally writing official reports of finding.
According to Birzer and Roberson (2016), natural deaths are as a result of diseases, mechanism of organ failure, infectious agents and old age and it is mostly expected by the victim. Accidental death occurs due to unexpected events such as automobile accidents, drug overdose, industrial accidents and home accidents. Suicide is a self-inflicted death which is done by use of firearms, suffocation and poisoning. Suicide victims may at times leave small notes containing reasons for their actions. Homicide is unlawful killing of a human being by another human being. Elements of homicide include malice and intent (Birzer and Roberson 2016).
In identifying homicide type of death the police department uses various means such as classifying the murder. Homicide murder can be classified into either criminal, non-criminal and legitimate depending on the occasion (Hess, Orthman and Cho 2013). Criminal homicide includes man slaughter while non-criminal homicide includes the involuntary killing of a different person and legitimate homicide is killing of a person under the permission of law. When the police find a body within a day, they can identify the time of death by the help of medical investigators by use of rigor mortis, post mortem lividity, the appearance of the eyes and stomach content (Hess, Orthman and Cho 2013).
Another source of identifying homicide death is by use of forensic entomology which can identify the season of death, the geographical location, and movement of the body after death, sexual harassment and even drug abuse (Hess, Orthman and Cho 2013). The medical autopsy then provides the legal evidence as to the cause of death and it may also reveal information about the suspect. The police may also determine homicide death by use of physical evidence such as weapons, blood, and fibers. The type of evidence available will depend on the nature of homicide and the scene involved (Hess, Orthman and Cho 2013).
Police can also use additional factor such as eye witness who may be relative or acquaintances of the deceased to get information about the suspect and have a thorough check on the location of murder as the suspect may be found before he or she escapes (Hess, Orthman and Cho 2013). The police also involve in preliminary actions whose main goal is to a save life. If death has not occurred, the police can enter the premise without a warranty to give instant medical assistance to the person. Like the case of Flippo v. West V Virginia (1999), the Supreme Court allowed the police to make a warrantless entry into the premise if they reasonably believed that the person was in need of immediate aid and if the killer was in the premise (Hess, Orthman and Cho 2013).
Environmental factors influence medical examination and autopsy in various ways. For instance, the process of rigor mortis which is the stiffening of the muscle and it happens a few hours after death may be slowed by extreme cold temperature thus happening at a slower rate than expected (Prahlow and Bayrd 2012). Medical examiners use rigor mortis to determine the time of death thus in cold environmental temperature as the process is delayed the accurate time of death may not be identified. Similarly, the process of algor mortis which is the cooling of the body that takes place after death may affect autopsy. In high temperature areas the body may get warm due to the clothes worn, body weight and dampness thus consideration of algor mortis in death investigation becomes inaccurate. Decomposition of the body is also highly influenced by environmental factors. Heat accelerates decomposition while cold slows it (Prahlow and Bayrd 2012).
According to Van and Bourke (2017), the most effective ways of handling violent crimes includes a series of activities initiated by identifying the crime itself. Secondly, the crime scene is comprehensively evaluated and the victim is analyzed. The preliminary police and medical reports are then evaluated and profile of the offender is created. Other application of criminal investigation may also be used. They includes, interrogative strategies, search warrant suggestions and prosecution strategies. The investigation process requires various improvements in crime resolution. These improvements include, identifying of a major offender feature to determine major crimes, reinforcing of the evidence processing capabilities, increase the utilization of information processing systems and initiate programs to reward citizens for the role they play in solving crimes as stated by Palmiotto (2012).
Criminal investigation includes various areas such as death investigation, burglary, robbery, sexual assaults and kidnaping. Each crime requires police attention and should follow the required procedure of investigation to come up with the evidence. Though Criminal investigations face various challenges such as public and media pressure, when handled in the right procedure they produce the right form of evidence.
Birzer. M., Roberson .C. (2016), Introduction to Criminal Investigation. New York. CRC Press
Hess M.K, Orthmann .H .C Cho H .L. (2013), Police Operations: Theory and Practice. The USA. Cengage Learning.
When conducting a presentation in a different setting such as in criminal justice conferences and public school, the criminal justice professional will not give a similar presentation, or in other words, he might not use similar approaches. This is because the audiences in the criminal justice conferences may be senior leaders who work in the criminal justice system. The agenda or the specific items being acted upon relate to the criminal justice management and the senior leaders may be interested in reforming the system. Thus, in giving a presentation in this setting, the criminal justice professional will need effective communication skills in both verbal and nonverbal communication, writing skills to write an effective report, interpersonal quality, understand the audience expectation and the professional may also use visual aids such as PowerPoint presentation, overhead projectors, and whiteboards. The visual aid will help the professional demonstrate the main points, engage the audiences and capture their attention (Siegel & Worrall, 2014).
On the other hand, the professional might use a different approach in public school. Note that in this particular setting, the professional may create a ‘teachable moment.' In this kind of setting, emotional connection is important so that the audiences in the public school may accept the message and reciprocate. Through understanding the character of the audiences in the public schools, an informal approach is necessary to allow speaker-audience interaction and more important build a closer relationship (Siegel & Worrall, 2014)..
Overall, effective presentation skills will help achieve the goals in different settings. In the field of the criminal justice system, the skills will help gain confidence, strategies, a clear framework, and various methods for presenting and practical techniques. With these skills, the presentation will be effective in both small and large groups and, I will engage the audiences and achieve credibility (Siegel & Worrall, 2014).
Reference
Siegel J. Larry & Worrall L. John. (2014). Essentials of Criminal Justice. Cengage Learning
Writing an Effective Report in the Field of Criminal Justice
Police report
Crime report
Alex Jonson a 20 years old man, African American was found dead outside his house in Edgewater, Florida. On April 5, 2018, at 9:00 am, the police officers in Edgewater were called by the Ambulance Services and, on arrival the police officers found the man unconscious. The doctors at the crime scene examined the body and confirmed the man was dead. Up to now, the police officers have not arrested the suspects and the death is treated as unexplained (Johnson, Richard, Gregory & Stephen, 2014). However, we have made a visual identification by producing photographs of known criminals in the area where the witnesses may help identify the suspects. We have also allowed the witnesses to conduct a post-event assimilation where they will do their research and provide us with new information. Furthermore, a post-mortem has been set to take place as part of an investigation to understand the crime. The police department is waiting for the preliminary reports from the pathologists to understand the cause of the cause. Awaiting for the postmodern, forensic photography has to been done in the crime scene, and investigators to have provide detailed recordings such as images, fingerprints, footprints, and bullet holes among other photographs of evidence (Johnson et al. 2014). Some of the challenges that were withdrawal by witnesses and lack of proof. Given that there was no any proven details it is rather very hard to guarantee that the assertion by the participants are true. Due to fear most of the witnesses choose to withdraw while others might have provided inadequate and unreliable details that complicates the case.
Reference
Johnson A. Wm., Retting P. Richard, Scott M. Gregory., & Garrison M. Stephen.
(2014). The Criminal Justice Student Writer's Manual. New York: Pearson Education
Own report: A hypothetical example
Two men aged 28 and 29 years, Joseph Dawn and Nicolas Anthony both white were arrested in the Lake Correctional Institution custody in Florida for killing a self-employed taxi driver on November 26, 2017, at 5.45am. The police officer reported that the men were involved in gun-related violence. The local police officers who were patrolling the area heard two gunshots at 700 meters away. The police realized that something wrong was happening and since they were armed and ready to fight back, they located the shooters and figured out the direction the sound was coming from. On their way to the scene, the police met the gun shooters and they handcuffed the criminals. The criminals were forced to return to the scene together with the police officers and on arrival, the police officers found the body of taxi-driver. Photographs were taken to produce details at the crime scene regarding the position of the body, appearance, and identity. The police officers called the medical officers who examined the body and confirmed the death.
There were some challenges that I encountered when completing the report. First, recording details and evidence of a crime is a complex task since as a police officer I am expected to present paperwork to the court. The documentation submitted on the paperwork may not reflect the reality of the practice that occurred at the crime scene, and this means that the deceptive discretion might have an adverse outcome when dealing with the criminal cases (Tong, Bryant & Horvath, 2009). It is not easy as a police officer to present documentation that fits the court presentation requirements and the minimum standards. In other words, as an investigator, the supervisors do not provide a considerable degree of autonomy but what happens is that supervisors offer inappropriate organizational needs.
The prosecutor in the legal system will need the report before justifying the criminal proceedings. Police reports have many benefits, and as a police officer, the facts provided in the report will help the criminal justice system operate efficiently and effectively (Tong, Bryant & Horvath, 2009). The report will allow the prosecutor conduct case proceedings, conduct further investigation and more importantly, a prosecutor may use the report in making a verdict. Note that this report serves as an initial investigation where issues such as blood stains, sounds, actions and more are reported. Since further research will be required, the prosecutor will review the report to understand the full scope of the event. To prove the case, the prosecutor will ensure that the all the elements provided are true and accurate. Although the report does not contain all the critical issues, it provides evidence for the issues happened at the crime scene. The report will also help in determining the innocent or guilty concerning the details and information (Tong, Bryant & Horvath, 2009). As a police officer, the report will serve as an essential tool in deterring criminal activities in the community. All recorded reports will help concentrate on a particular area and track criminal activity and at the same time provide security to the residents. Since we did not suspect the criminal at the crime scene, the report and the forensic photographing will assist in tracking down the suspects (Tong, Bryant & Horvath, 2009).
Reference
Tong, S., Bryant, R., & Horvath, M. (2009). Understanding criminal investigation.
Criminology refers to the scientific study that focuses on non-legal facets of crime, and emerged during the 18th century, due to many concerns about the use of what was regarded as subjective and cruel means of justice. It involves the studying criminal behavior of an individual, crime and its major forms, the causation of the crime and how to respond it through the criminal justice system (McShane & Williams, 2013).
Victimology is a study that focuses on the victim in a crime, the offender and the society. The study views the law and the crime, victim and the criminal in a social-structural way. The study also involves the aspects of victim participation and facilitation in relation to the degree to which a victim is responsible for victimization, in which case the offender and the victim share responsibility for a crime between them (McShane & Williams, 2013). A basic notion in the study of facilitation and participation is the belief that a crime may be totally understood after analyzing the behavior of both the victim of the perpetrator of the crime, so as to determine the possibility of the victim’s behavior partially causing the victimization (McShane & Williams, 2013).
Victim participation theory
The theory focuses on the notion that injury or death may have resulted from a confrontation that was actually initiated by the victim. It explores the thin line between the victim and the offender, which is perceived to be mostly blurred since the victim has partially participated in the crime (Burgess, Regehr, & Roberts, 2010). There are two types of this theory; active participation and passive precipitation. Active participation means that a person has an offensive behavior, is provocative and aggressive and this lead to their victimization. Passive participation means that a person has some attractive social characteristics that make him or her to be targeted by criminals and thus m can unintentionally contribute the victimization. A major weakness in this theory is that an individual may be victim while they did not actually participate in the event leading up to a crime (Burgess, Regehr, & Roberts, 2010).
Lifestyle theory
This theory attributes some the likelihood of being victimized to a person’s lifestyle. Therefore, a person can be a victim of a crime because their high risks lifestyles leaves him or her more exposed to offenders. A person who stays alone late in the night in public places may exposes them to high risks of being victimized. Moreover, belonging to groups whose life is extremely risky such as drug dealers increases the risks of a person to be victimized (McShane & Williams, 2013). However, a person that undergoes good transition in their life is likely to avoid lifestyles that expose them to high risks. A major strength of this theory is that a person can chose a lifestyle that reduces their chances of being a victim of crime.
Routine Activities theory
The perspective of this theory focuses on how routine activity patters in a conventional society increases the chances for a crime to be carried out. In this theory a crime may be explained by the presence of probable targets, lack of able guardians and the presence of aggravated offenders (Burgess, Regehr, & Roberts, 2010). The development of this theory was with an aim of accounting for crime rate changes over time and has been applied studying the various forms of crime. A major strength of this theory is that it can be used in exploring the trends and rates of crime. It can explain how the behavior of a victim can provide an opportunity for victimization. Also, the risk of a victim can be minimized through improved guardianship and reduction in target vulnerability. The major weakness in this theory is that it downplays the role of offender’s motivation and criminality facets while trying to understand a person’s risks of victimization and the crime’s social ecology (Burgess, Regehr, & Roberts, 2010).
The death of family members through murder can be a traumatic experience, which leads to psychological and physical challenges. High levels of psychological distress have been associated with these crimes including depression and complicated grief and even Posttraumatic Stress Disorder among the family members of the victims (van Denderen et. al 2016). The crime meted on the victim is usually a family affair, where members of the family or survivors are normally overwhelmed with practical matters m emotional pain, so that their comprehension and concentration are at times impaired. Like the majority of violent crime victims, the normal response to any cases of homicide by these individuals involves a crisis (van Denderen et. al 2016). During the process of death notification, a crisis response is elicited among the families of vitims, which involves an emotional and physical response. The physical response is normally the first reaction and involves people’s attempt towards physical protecting themselves from the resulting trauma, and this may comprise disorientation, panic attacks or constant crying. The psychological impact can be associated with the emotional response which may be depicted by rage, fear, confusion of frustration as the person’s brain become overwhelmed. The financial impacts of the murder crimes may involve the need to cater for expenses related to seeking for justices like the coronial or criminal court proceedings, preparation of victims for travel and preparing statements (van Denderen et. al 2016). This may also include legal fees required in the process.
Country
Intentional Homicides Per 100,000
2013
2014
2015
United States
Intentional Homicides Per 100,000
4.4
4.5
4.9
United Kingdom
Intentional Homicides Per 100,000
0.9
0.9
Japan
Intentional Homicides Per 100,000
1.5
1.4
South Africa
Intentional Homicides Per 100,000
31.7
33
34.3
Australia
Intentional Homicides Per 100,000
1.1
1
1
The data on the rate of intentional homicides can indicate the cases of violent crimes between United States and other major economies including United Kingdom, Japan, South Africa and Australia. In general the rate of violent crimes in US is higher than the other countries other than South Africa which has the highest rate of intentional homicides rates. The America lifestyles is not the particular reason that put US ahead of other developed countries , but other social challenges including policies related to undocumented immigrants and a sense of reduced respect for law enforcement officers. Other factors that acts as motivation for violent crimes includes hate and racial, sexual orientation and religion biases. Crime compensation in US works through various programs, where the victims are expected to apply for various payouts in the various states. All the compensation programs operate under the same basic principles of determining eligibility, but there are programs from different states may have distinct requirements. The victims have to report the crime quickly to law enforcement, submit compensation on time and the loss must not have any other cover including insurance and governments cover (National Association of Crime Victim Compensation Boards, n.d).
References
McShane, M. D., & Williams, F. P. (2013). Victims of crime and the victimization process. Taylor & Francis. (Vol. 6).
Burgess, A. W., Regehr, C., & Roberts, A. R. (2010). Victimology: Theories and applications. Sudbury, Mass: Jones and Bartlett Publishers. 22-28
van Denderen, M., de Keijser, J., Huisman, M., & Boelen, P. A. (2016). Prevalence and correlates of self-rated posttraumatic stress disorder and complicated grief in a community-based sample of homicidally bereaved individuals. Journal of interpersonal violence, 31(2), 207-227.
Price et al, (2009), refers to white-collar crimes as illegal and unethical acts that infringe fiduciary role as well as the public trust for selfish gains. Computers and internet emergence has significantly resulted to increase in electronic crimes. These electronic advances have made the process of committing fraud easier. These advances have also made it convenient for criminals as it helps to avoid detection. As a result, there have been rising cases of white collar crimes within our societies. Most of these criminals use mobile and electronic devices to pose as sellers after which they get access to personal information that aids them to commit fraud. The criminals often use influential titles that indicate that they are important people such as the wealthy, the lottery personnel or even prominent people. They use these techniques so as to entice victims into giving out their private information, pins for Automatic Teller Machines and security details. With this kind of information, swindlers have the chance to carry out their fraud acts. Being a swindler, I would use this information to empty the victim’s bank account or other offshore accounts.
The increased use of internet and electronics by criminals is one of the critical challenges facing the law enforcers in general. However, understanding and using the internet to combat white collar crimes is very essential. Law enforcers are therefore up to date with the internet advancement as this helps them in fighting these fraud cases. With these advances, the police officers are able to track the IP number and address of the criminals who commit these crimes. They are thus able to physically arrest and punish these criminals (Price, 2009).
According to Wright, (2008), he asserts that the fourth amendment offers protection to the people’s right to privacy. However, its scope is largely vague as changes in technological expectations on privacy are experienced. Recently, internal debate and national headlines have been incited following government searches and seizure of private electronic information. Most people argue that this is a violation of the fourth amendment law. As result, this extrapolates the restrictions of the fourth amendment in regards to electronic communications.
Phishing mostly commit fraud by sending scam emails to victims. This is a good strategy of stealing credit cards. The phishing criminal mostly uses emails that are intended to obtain personal information. They often send emails that are convincing as they appear legitimate. This technique lures the user into sending their personal information (Price, 2009). Some of these emails are sophisticated and they often direct the user to a link or website that appears as the official card site. One of the tasks that users are asked to undertake is to verify their account. This is one of the signals that may enable one to realize that there is some illegal activity happening. This is because official business never requests a person to verify their accounts. The internet and electronic communication serves as the hub for many other illegal and unethical acts. It is therefore important for users to be alert at all times especially while dealing with electronic communications. This will allow them to identify mischievous activities and hence calling the legit business company so as to confirm that the communication is from them. Electronic crimes are on the increase and we should all work towards eliminating them.
References
Wright, E. E. (2007). Right to Privacy in Electronic Communications: Current Fourth Amendment and Statutory Protection in the Wake of Warshak v. the United States. ISJLP, 3, 531.
Price, M., & Norris, D. M. (2009). White-collar crime: Corporate and securities and commodities fraud. Journal of the American Academy of Psychiatry and the Law Online, 37(4), 538-544.
Bait and switch is one of the most common methods merchants use, and a lot of consumers have fallen for the trick without even knowing of it. It happens when a consumer's attention is grabbed then shifted towards an advertisement for a deficient priced item. He or she is later convinced to part with a piece at a much higher price than he intended to buy. The trick of offering an individual something attractive to gain their favor or political support then exchanging it later with less favorite characters is also a part of bait and switch. An example of bait and switch is common among car dealers who can easily manipulate their victims to buy a more expensive automobile.
Telemarketing fraud
It is a white-collar type of crime conducted over a phone conversation with a potential victim. The caller persuades his potential victim. Therefore the manner in which the victim reacts can either favor or damage them. If the victim agrees to give the perpetrator vital information, the work of criminal becomes easier.
When money is sent to unknown persons or strangers or an individual gives out personal or financial data to an anonymous caller increases their vulnerability to this type of white-collar crime. Some warning signs can indicate telemarketing crimes. When the caller convinces his potential victim with fake urgency for instance, ‘act now while the offer lasts,' or ‘you have won yourself a brand new Toyota, but you have to cater for handling or any other charges.
Ponzi scheme
This type of white collar crime is an investment scam that promises to offer high rates of profit returns with minimal risks involved to the investor. The more one brings in new investors, the more money is generated for the old investors and so on and so forth. Therefore the more new investors come in, the more the early investors earn. Due to the older receiving more than the original entrant, it is compared to the pyramid scheme. The scheme collapses the moment new investors become limited since the only way to make money is through them. New investors must be brought in to finance Ponzi scheme and maintain its status (Payne, 2013).
Charity- based fraud
It is an act of utilizing lies or deceptions to fraudulently get finances from individuals with the intention of donating their money to charity. Usually, an individual or a group of people will come up with a fake charity organization and persuade prospective donors to contribute to their nonexistent course. Charity fraud does not only involve unreal or fictitious charities but other types of business based lies (Payne, 2013).
Question 2
Bait and switch goals
The goal is to advertise an item attractively and specially without any indication that the said product may run out of stock. My underlying intention as a criminal is selling more expensive items. I will also not mention mail orders and shipments of the said product in the intended advertisement. This withheld information helps me to remain within the confines of the law and attract more potential victim while perpetrating the crime. Any victim unaware of or does not realize the omitted information in the advertisement, for example, limited quantities, no mail order, and shipment, will become a potential victim indeed (Payne, 2013).
One of my main goals is to attract potential customers to my shop with attractive low priced items only for them to be disappointed as the low priced item will be substituted with an alternative product. Therefore my intentions as a white collar criminal would be to bait the potential customer while posing as the merchant by advertising an item or service at a bargained price than they are used to. This unusually low price will tease them into buying the other alternative product (Ferguson, 2010).
The Customer will then walk into the store to acquire the cheap priced item or service. The retailer will inform the customer of the sudden depletion of the thing he wanted, but an alternative product is available to compensate for the time and energy used to come to the store, the customer will gladly agree to the request. The item purchased will be pricier than the advertised item that he intended to buy (Ferguson, 2010).
Question 3
My potential victims would be anyone who shows the slightest interest in the advertisement meant to grab their attention. After an individual stops and takes an interest in the ad, I will pursue the opportunity to convince him of the low priced product. Apparently with the intent of luring him to the shop without his knowledge. Potential victim's needs assurance that the low priced product is real and accessible to them at their convenience (Ferguson, 2010).
Question 4
Identification of law enforcement agencies that will have the mandate of for investigating such crimes and the description of the challenges they will undergo while trying to investigate the potential crime:
The Federal Bureau of investigations, FBI has a particular unit that handles white collar crimes. Their investigations combine the evolution of intelligence with criminal activity investigations such as switch and bait. And other types of corporate fraud. Federal Bureau of investigations, FBI work very closely with other law enforcement organizations and consumer regulatory services to ensure that they bring to justice white collar kind of crimes (Ferguson, 2010).
Challenges that the Federal Bureau Investigations would face
First of all, I would commit the crime under the confines of the law without leaving loopholes or weaknesses that might be used against me .Committing a crime within the confines of the law has already given me a lot of advantages which keeps me steps ahead of the law enforcement authorities. It is very overburdening for courtroom to persecute a case with no tangible evidence of what occurred. Bait and switch types of crimes need a different set of skills and knowledge compared to other kinds of crimes. Majority law enforcers prefer solving another kind of evil to handling white collar crimes. Due to their complex nature, it is challenging to understand and thus cannot be resolved quickly (Ferguson, 2010).
Bait and switch does not live a trail of evidence making it hard to link irregularities and possible ways through which the law was broken. This type of crime offers one a choice whether to buy the expensive product or leave the premise or store, of course I will convince them to buy but not in a forceful manner . Therefore, a victim had a decision to either buy the alternative product after knowing very well that the advertised low priced item was out of stock or walk away without purchasing anything. The element of choice makes the crime very hard to prosecute or bring to justice. The voluntary action gives me an advantage over the victim. The victim of my sins cannot claim in court he was forced to buy the alternative product and no evidence can reveal the contrary. Purchasing the alternative product can be said to be the work and qualities of good salesmanship (Minkes & Minkes, 2008).
Bait and switch is not just any ordinary crime. In practice, it is costly to persecute such a crime. Therefore the regulatory bodies frequently decide to settle the case out of court. The case may drag itself for a very long period leading to unnecessary expenses regarding legal fees (Minkes & Minkes, 2008).
There is very poor coordination of services within the bodies given the mandate of handling such cases. The law enforcement agencies do not follow laws meant to protect the public against bait and switch crimes. Coming up with countermeasures may reduce or prevent bait and switch crimes from happening. The laxity has given criminals confidence to carry out the crimes without fear of them being brought to book. By the law enforcer (Minkes & Minkes, 2008).
White collar crime perpetrators can quickly cover their crimes. It is tough to detect or continuously follow through a case of such nature. Any loose ends may end up leading to another dead-end. Court procedure varies from state to state. This directly implies that the evidence will be handled in ununiformed ways. As the end result, perpetrators may get away with the crime or commit the crime in states where the laws are lenient and not strict enough to bring them to justice. The many challenges arise from the law system is to the type of crime committed (Minkes & Minkes, 2008).
References
Ferguson, J. E. (2010). White-collar crime. New York: Chelsea House.
Minkes, J., & Minkes, A. L. (2008). Corporate and white-collar crime. Thousand Oaks, CA: SAGE Publications.
Payne, B. K. (2013). White-collar crime: The essentials. Thousand Oaks, Calif: SAGE Publications.
There are a lot of impacts that can emerge as a result of white collar and economic crimes on an individual, business or an entire community in general. When a business is hit by extortion from any given source, it is forced to make up for it by all means necessary. This may include increasing prices of services or less pay for workers and retrenchment of workers to cut on the labor force .The ripple effect can spread to employees or entrepreneurs who might find themselves in positions where they cannot pay loans they had previously borrowed and hence credit become hard to acquire. (CRJ3015 W2 readings).
A company’s reputation can be easily ruined due to stock fraud. When stock fraud scandals come out into the public domain, investors may lose confidence in the stock market. Embezzlement of a high magnitude such as the Enron scandal cleared the retirement savings of many innocent Americans. (CRJ3015 W2 readings).
White collar crimes slows down a society’s progress in the long run. For example an individual can continue to pay for a service that he or she no longer uses. True green lawn company was one of the companies that was suspected to use this technique. Paying for services that are no longer relevant leaves one broke without any extra money to invest in other ventures. (CRJ3015 W2 readings).
Some people commit suicide after realizing that they have lost their hard earned money to fraud. This in turn reduces the quality and quantity of the labor force .The number of people who lose their lives due to white collar crime related crimes is estimated to be more than three hundred thousand. (CRJ3015 W2 readings).
Question 2
One of the main reasons why white collar crimes go unreported is due to the simple fact that the crimes are normally committed by people of high social status during their tenure in office. Such individuals can easily cover their crimes. When a problem is not reported it is difficult to tell the actual magnitude of the challenge. Hence it is very difficult to come up with a true picture of white collar crimes. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
The lack of a global definition to clear and explicitly define white collar crimes. The lack of a proper definition is actually the key to the problem of evaluating white collar crimes. When a phenomena is not properly defined, then it cannot be measured accurately. Existing definitions bring about a definition variance that makes it very hard to gather data when a crimes deemed white collar is committed. The data gathered cannot be properly evaluated and often leads to inconsistency set of information that cannot warrant an arrest. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
Another reason that makes it challenging to measure and account for white collar crimes is the manner in which such crimes are handled. They lack proper consistency .Some serious cases may be taken care of administratively instead of criminally while other cases of a similar magnitude may be handled using the conventional criminal prosecution processes. The place, time and traits of any criminal activity should be recorded down for analysis to prevent the occurrence of such an offense in the future but lack of a clear definition, has been a great stumbling block. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
Question 3
Most of the economic crimes have a ripple effect on the whole country .Consumer frauds are one of the most common kinds of economic crimes. It is very hard to tell whether the crime was deliberate or the error made was intentional. For example when there is a defective item or product in the market, one cannot tell whether the reason behind it being defective was as result of a manufacturing blunder or deliberate action by an individual .When a company comes up with a false advertising scheme to lure an innocent, unknowing consumer into a business entity with a product that does not exist is also an example of fraud. Car dealers are notorious for false advertising. They normally market a car and put a price tag that is below what the public expects. When a potential buyer arrives at the car dealer’s shop, he does not find the car he intended to buy but is forced to leave with an alternative product. False advertising cannot be penalized as one can easily claim that the specific item advertised has been sold out. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
Telemarketing is another kind of economic crime that may affect a society as whole if committed. It is a very vast business and can happen anywhere in the world no matter the distance. Bringing the perpetrators of telemarketing to justice is very difficult in most cases. Telemarketing is also referred to as ‘boiler room operations’. The perpetrators of the crime are usually very organized as they go about selling everything from land to stocks. The elder people usually fall victim to telemarketing due to certain reasons. First of all they are usually home most of the time hence can be easily accessed. Secondly they stay alone and tolerate any phone call even if it is from a stranger. They live alone hence cannot get a second opinion from another person who might recognize the fraud. The swindlers are usually enticed by the retirement benefits or business that the elder might have invested in. (Ferguson, 2010).
An example of a telemarketing fraud is displayed when a swindler sends an email to an unknowing person promising to deliver items or services that are fake. The products and services and up not being delivered. The perpetrator of the crime does not incur any loss. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
Religious and charity kinds of economic crimes. Religious institutions generate a lot of money as unsuspecting people give in faith and without expecting anything in return thus religious fraud is hard to prosecute. Opus dei and scientology an institution which are part of the Catholic Church, have assets worth millions of dollars. A good example of religious fraud is a religious leader who pretends that he can heal people of their diseases instead he wants to use his trickery to embezzle the congregation of their hard earned money. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
Phony sweepstakes is a techniques of economic fraud. One receives a congratulatory email claiming that they are winners. Most of the times the recipient’s name is included in the head line to make the message more believable. One receiving the congratulatory message, they are required to part with processing fee or subscribe to a certain magazine or even purchase something. A quick analysis of the message can reveal that the recipient is not the winner. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
The consequences of financial fraud go beyond loss of finances and economic stability of a society.it robs people of the right to fell that they live a in a just and fair world which consequently results to a resentful society. (SU_CRJ3015_L2_G1 Consumer fraud pdf).
Question 4
Ways in which victims of white collar crimes facilitate these crimes. The extent to which a victim cooperates in a criminal occurrence may influence the cause of the crime. One of the usual actions happens when the victim initiates contact with the perpetrator of the crime or takes initial steps that may lead to the perpetrator to come into contact with the victim. For example when an individual visits a website where a certain syndicate hosts his company, they can easily fall into the trap. (Payne, 2013).
The second action that can help facilitate the crime is when a victim reveals their information to the perpetrator. This makes it easily for the perpetrator to use to the information to commit the crime (Payne, 2013).
The victims can also give the perpetrator permission to access their bank account or credit and may convert a business relationship into a personal friendship which easily aids the white collar crime. Most of the actions mentioned above also apply to businesses. A business may reveal vital information that they might facilitate white collar crimes. (CRJ3015 W2 readings).
Question 5
Yes. Some people are more likely to fall victim to white collar crimes than others. Potential victims of the vice people may be ignorant and may not know the trickery behind the schemes therefore becoming more vulnerable than individuals who are more aware. (CRJ3015 W2 readings).
Question 6
Citizens can make flyers using stories that elaborate more about white collar crimes. Writing new paper articles will also assist to spread information on fraud hence creating awareness in the process. (CRJ3015 W2 readings).
A consumer can research on product before purchasing it. This will protect him or she from potential harmful products .Employees who are accused of stealing public funds can be terminated from the business premises. (CRJ3015 W2 readings).
References
CRJ3015 W2 readings
Ferguson, J. E. (2010). White-collar crime. New York: Chelsea House.
Payne, B. K. (2013). White-collar crime: The essentials. Thousand Oaks, Calif: SAGE Publications.
Todd Brown a 24-year-old who has been incarcerated for 3 years has a history of violence and thus VRAG assessment instrument is the most appropriate for the case. This choice is justified because the offender has in the past been involved in aggressive acts that led to the shooting of an elderly man. From an assessment of the offender’s history and his current behavior, it is evident that he is less likely to get engaged in another aggressive offense.
VRAG Items Assessment
Lived with biological parents to age 16 (-2)
Elementary school maladjustment (2)
History of alcohol problems (2)
Marital status (-2)
Criminal convictions for nonviolent offenses before the index crime (-2)
Prior conditional release failure (0)
Age at index crime (2)
Victim injury (0)
Female victim (1)
Personality disorder (3)
Criteria for Schizophrenia (-3)
Hare Psychopathy Checklist-Revised score (0) (KNEP, N.D).
The score would be a yes for this case. For all the element the total score equals to -24 which best illustrates that the risk is low. This, therefore, implies that the likelihood of recidivism occurring is particularly low which means that the offender is safe when under parole. This risk level of the offender is low based on the assessment because the personality disorder might have originated from the death of his parents which left him traumatized thus causing the aggressive expression. This offer is best suited for a parole which will involve a temporary release prior to the exhaustion of the period which will, in turn, seek to observe his behavior. Through such as setting it is apparent that the offender can change and the probability of him engaging in a violate crime is low since he has not been convicted in the past for aggressive offenses (Jacquin, 2016).
Inmate #2
For Silas a rape offense inmate, it is evident that SORAG is the best assessment instrument to determine the risk level of repeating the offense. The score for the assessment is above average which illustrates that the offender needs the incarceration so that he changes his behavior as well as lowering the possibility of the crimes. This is not just to punish him but also to instill desirable behaviors in him. There is a clinical behavior of high risk in committing crimes despite the fact that he has not struggled with drugs or demonstrated any violence during his incarceration or before. However, the offender has a psychological issue of divergence thus terming it hard to assess and accurately predict the risk. The test result is positive which means that the prediction demonstrates high re-offense.
SORAG Items Assessment
Lived with biological parents to age 16 (3)
Elementary school maladjustment (5)
History of alcohol problems (-1)
Marital status (1)
Criminal convictions for nonviolent offenses before the index crime (3)
Prior conditional release failure (5)
Previous sexual offenses rate (5)
Sex offenses History (+4)
Conditional release failure (0)
Age at index crime (2)
Personality disorder (3)
Criteria for Schizophrenia (-3)
Phallometric tests results (1) (KNEP, N.D).
From the above assessment, it is evident that the risk level of recidivism for the inmate is high. These are because the offender has been involved in consistent crimes regarding rape attempts and sexual attacks on young girls for a while. Despite the punishments received the inmate has remained reluctant. From the personality and psychological examination, it is evident that he is deviant against young girls. The offender is thus not safe under parole because the likelihood of repeating the offense is high. The inmate requires not only to be incarcerated to change his behaviors in general but also the substantial psychological rehabilitation to change his ways (Jacquin, 2016). This can best be achieved within the correctional facilities. The offender is not suited to integrating with the larger community based on his high sexual assault possibility.
Cybercrime is the most predominant and widespread crime based on its increasing technology advancement (Cooley, 2011). This criminal activity is mainly facilitated by the use of computers or internet-powered devices. In the recent years, it has become evident that cybercrime has doubled thus emerging to be the most widespread crime across the globe. To most, cybercrimes incorporate the use of computers to conduct some sort of stealing which is not true as the crime take different forms ranging from less harmful to adverse and pricey attacks. Cybercrime takes the form of either forgery, identity theft, fraud or bullying. Technology is evolving rather fast in the contemporary society and based on its essence, almost every individual with computer operation knowledge participates in the use of the fast-growing trend. Actually, technology has made the world to become a small community for the present generation based on its ability to connect people regardless of their location and time (Sullivan & Dawsonera, 2011). However, it is the same technology development that has led to the rise and prevalent of cybercrimes. Cybercrime refers to an illegal violation that is conducted via the use of computer processors and internet. In the world of cybercrimes, cyberbullying is the most prevalent attack that affects millions of people and has gained increased attention in the research and media sectors due to the rising suicidal and conviction events (Taylor, Fritsch & Liederbach, 2015). This report will, therefore, present an analysis of the cyberbullying crime and how it has evolved. In addition, the contributions of technology advancement to the increasing cyberbullying will also be explored.
Cyberbullying is moderately a new type of bullying that has gained popularity due to the increased adoption of the internet globally. Cyberbullying best refers to the situation in which one is attacked by another anonymous or a known person on the internet via social media sites such as Facebook, Twitter and so on (Sullivan & Dawsonera, 2011). Cyberbullying is a serious crime in most cases results in self-destruction among the victims. It has been established that close to 50 percent of the internet users particularly teenagers have an experience of cyberbullying leading to psychological harm. Cyberbullying is a recognizable act that is being used to intimidate and manipulate others. This act can lead to depression, anxiety, and suicidal based on the psychological harm that is caused on the victims (Cooley, 2011). Today, mobile and computers are the most common tools that are utilized by young and older people for communication making the trend even more prevalent. Cyberbullying ranges from sending intimidating messages to posting pictures and post that seeks to cause harm to the victims. The internet is being utilized by young people more than before due to its availability and accessibility. To the contemporary world, mobile devices, computers, and internet are perceived as a desirable aspect that is necessary for life. While these technologies play an essential role in running daily operations they are the source of bullying. Most young individuals based on their vulnerability are the target of internet bullying leading to deaths and increased depression among young people as the internet environment is no longer safe (Cooley, 2011).
In the society, where the views of others count many cyberbullying results in harm by causing repeated torment, provocation, disgrace, shame or intimidation (Sullivan & Dawsonera, 2011). Cyberbullying contrary to what most individuals imagine it to be can be as simplified as just sending a mail to an individual who holds no interaction interests. This becomes serious in instances when the messages or posts incorporates threats, intimidation or sexual harassment that ridicules one’s wellness (Cooley, 2011). Most cyberbullies are involved in the sending of privatized information, pictures, and videos regarding their victims on their social media platforms for the followers to see. Some go to the level of acting as someone else in the quest of posting details using the victims’ names in order to shame them. It is rather surprising that most bullies will mainly utilize similar strategies that mainly includes sending threatening messages to their victims (Donegan, 2012). Based on reported cases, it is evident that bullies are well known to the victim and they tend to use their victim’s weaknesses in the quest of causing disgrace and end up feeling very powerful.
The growth of cyberspace intimidation originates back as far as in 1999. The extent to which the crime has spread in the contemporary society is hard to measure based on the complexity that surrounds the issue. This issue is not only prevalent in the United States but it mainly affects individuals from across the globe. Their recognition of cyberbullying was mainly fueled by the increasing concerns by parents, tutors and the public in general in reference to the rising teenager’s harassment via the internet (Sullivan & Dawsonera, 2011). Despite the fact that the issue has been prevalent for years, it is still challenging to develop and apply effective intervention approaches since the motivations and the aims of those that conduct the act are not known. The evolution of cyberbullying has been a consistent one and it is categorized as part of the contemporary society. a couple of years ago, bullying would mainly occur within learning institutions where children would get bullied for different reasons ranging from verbal to physical bullying. However, with the increased adoption of the internet, social networking sites, mobile and computer devices, bullies have acquired an online platform to extend their crimes. With the presence of the platforms, bullies have the opportunity of reaching their targets at any given time without being suspected (Norden, 2013). In this context, the evolution is that originally cyberbullying occurred in the chat spaces and direct messaging options but it has thus shifted to online networking sites such as Facebook. In the recent the popularity of some networking sites that permits anonymous accounts has sadly supported cyberbullying by equipping the bullies with the power to send inhumane things without the panic of their acts outcomes.
Throughout history, the United States has been founded on protecting individual’s rights and freedom such as the expression freedom. This right gives people the power to communicate mean things about others as part of their expression while exposing the victims to the danger of humiliation and self-destruction (Taylor, Fritsch & Liederbach, 2015). Bullying has additionally, evolved from making some oblivious commentaries communicated directly to the multimedia networking that involves messaging through different electronic tools. Technology development and innovations including the increased use of smartphones and the internet have changed the human association for good. The concept of bullying was conventionally introduced back in the 16th century which mainly involved the act of subjecting another person to physical or oral abuse with the aim of gaining superiority and authority over the targeted victim (Taylor, Fritsch & Liederbach, 2015). Such actions would thus result in either physical or psychological harm (Sullivan & Dawsonera, 2011). However, cyberbullying has evolved from such a foundation and graduated to more psychological effects. Cyberbullying has evolved with time thus creating some aspects where it permits bullies to hide their actual identities behind the computers while asserting their superiority through intimidation. With such aspects, it is therefore very challenging to recognize the actual identities of bullies in the cyberspace today. This is because the advancement of technology that enables bullies to mask their identities provides them with the authority of messaging just anything to the victims without having to worry about the consequences.
Cyberbullying gained popularity amid the media institutions and researchers as more and more harassments particularly pertaining students were being reported in early 2000. This being an infringement of the first amendment rights provisions led to the rise of controversial debates among the public (Taylor, Fritsch & Liederbach, 2015). In that learning, institutions had been restricting their control over only the things that occurred within the settings. This resulted in more and more cyberbullying cases since students acquired no protection in cases that they were bullied outside the institutions even though the bullies were well known. The destruction ranging from health deterioration to suicidal deaths that are caused by cyberbullying on a national and global level has resulted in most legislators and researchers stepping in the quest of solving the issue (Sullivan & Dawsonera, 2011). due to the constant events that have been witnessed in most states in America where individuals particularly teenagers have resulting to committing suicide due to the trauma of being cyber-bullied, a number of laws have thus been implemented with the intention of combating the crime. This clearly demonstrates the severity of the issue.
It cannot be denied that technology has significantly contributed towards the prevalence of cyberbullying. In itself, technology has brought about newer complexities in dealing with cyberspace bullying (Gillespie, 2006). Cyberbullying has occupied the leading position in the categorization of the prevalence of crimes that are committed through the internet. Globally, millions of individuals utilize mobile phones and computers on daily basis. These devices are being used for communication, work and learning which have in turn made life much easier thus creating a lot of advantages to the society but also a number of issues as well cyberbullying being one. Cyberbullying has been a major public problem for a notable period. With technology development, cyberbullying has in turn grown to be one of the most pressing and yet difficult issues to solve in the society (Taylor, Fritsch & Liederbach, 2015). With the largest populace owning technological devices such as computers, smartphones, and tablets it is not easy to monitor the activities taking place within the cyberspace settings. The Internet is also a result of technology which is easily accessible globally thus giving individuals more power to participate. Presently, the internet is utilized by bullies as their bullying weapon that facilitates their intimidation motives.
As technology advances, the chances for adverse cyberbullying are on the rise. Technology has provided elements that work to ensure that one operates computers without being known (Gillespie, 2006). With the dominance of social media creating new accounts with incorrect identities is easier which supports bullying. The highest bullying incidents are conducted through sending direct texts and posts. In addition, the networking platforms have features that support sending videos and pictures and linking them to an account. In this context, some pictures and videos that are meant to remain private end up being exposed thus causing a high rate of agony and humiliation (Fenn, 2012). Statistics prove that cyberbullying results in decreased esteem leading to depression and suicide. Self-esteem is essential and one is never themselves without it. For instance, in cases that nudes pictures are exposed to social networks, one begin to gain the feeling of being worthless which might contribute to depression and suicidal thoughts (Fenn, 2012).
Technology has created more platforms for cyberbullying to take place. Technology has resulted in the loss of cyberspace security more than most individuals recognize. In that, the increasing cyberbullying rate is consistent with that of technology growth. With the expansion of technology so does the cyberbullying (Gillespie, 2006). Technology gives hackers the accessibility to personal details with some sites even having advanced features that might share hidden content on devices such as mobile phones. These features places the sites users at an intense risk. Most sites offers the features for commenting regarding the created post or direct texts. Most bullies will use these aspects to send demeaning messages that directly attacks their victims while other viewers are following (Gillespie, 2006). With this they become superior by subjecting them to the agony of dealing with unreasonable comments. If an image that one has struggled to create is destroyed, this therefore imply that their wellness is hurt as well. Bullied victims find it rather challenging to share their experiences based on the fear of being judged or being subjected to further attacks. Without sharing thoughts regarding such acts continue to pile which leads to depression a state that disintegrates one’s wellness and the loss of hope (Taylor, Fritsch & Liederbach, 2015). In other words, technology has created vulnerability for attack to most internet users by giving bullies hidden identities and platforms to achieve their missions. The evolution of technology has also led to the loss of privacy an asset that has increased the growth of cyberbullying (Donegan, 2012). Social networking has created the need to living a lie. In that if the actual standards are exposed to the world then humiliation cannot be avoided. Bullies depend on the technology features that facilitate sending horrifying posts constantly without revealing their identities. It is rather surprising that most of this sites do not regulate user’s activities thus creating more vulnerability and power for those with undesirable intentions of causing harm (Bauman, 2015). Cyberbullying remains to be one of the most destructive cybercrime in the technology world based on its ability to silently cause harm.
There was no legislation that handled cyberbullying until recently (Fenn, 2012). As cyberbullying is growing to be a dominant issue in the technology-driven world laws are being constructed both by state and federal legislators in regard to penalizing those involved in committing crimes (Fenn, 2012). In most states, the anti-harassment law has been implemented to incorporate cyberbullying as a criminal rather than a civil offense. This legislation describes harassment to be incorporating torture that is subjected through electronic means thus threatening the emotional and physical wellness of another. While the constitution grants every citizen the freedom to be expressive the right should not be utilized to cause any harm. It is obvious that the existing legislation that seeks to curb cyberbullying is objected at guarding citizen’s rights based on the constitutional provisions while still focusing on creating a favorable surrounding for social networking without causing any form of harm to the public. It is widely acknowledged that one can use their expression freedom to communicate what they think or feel but it is illegal if the right is utilized with the intention of causing emotional harm since this would be an infringement of another individual’s privilege. cyber-bullying similar to other kinds of harassment are illegal and the current laws are aimed at curbing the violation given that if the expression freedom that causes harm is encouraged then the provisions of the first amendment will have been violated (Bauman, 2015). Those engaged in cyberbullying are being charged differently based on the laws passed in different states and bullying leads to conviction based on the intention and the harm caused.
Cyberbullying is a crime that is complex in its own nature due to the involvement of technology. Some of the current legislation involves monitoring social networking activities mainly for all users. It is rather evident that this kind of monitoring is bound to result in positivity by preventing bullying before it causes more harm but the implementation of the legislation is a major challenge (Hinduja & Patchin, 2017). To begin with, there are several limitations in regard to the implementation of the legislation includes inadequate, knowledge and resources. Technology is evolving rather fast thus requiring the legislation to evolve in similar speed an aspect that possesses a lot of challenges (Fenn, 2012). With the evolution, the success of monitoring activities secretly not only necessitates advanced knowledge and skills but also a lot of resources in terms of finances. Hiring expertise or even training staffs to effectively monitor social networking sites is expensive an aspect that leads to the failure of some initiated programs. Even with the regarding how some programs might be implemented the rapid evolution places the bullies at an advantage as they can advance their tactics and skills more easily before being noticed (Hinduja & Patchin, 2017). In addition, most of the incidents are only reported to have much damage such as death has been cause thus making it difficult for the investigations to be conducted effectively.
In the state cyberbullying is recognized as a form of a criminal offense rather than a civil misconduct thus making then penalties more severe. The adversity of the punishment is derived from the harm that the acts cause on the victims and the society in general (Hinduja & Patchin, 2015). While the right to free speech is to be respected if it is utilized with the intention of causing harm then conviction and fine are obvious. Those that participate in cyberspace bullying are categorized as guilty with respect to conducting criminal harassment thus being required to pay up to a thousand dollars fine or 2 years sentence (Hinduja & Patchin, 2015). However, this penalty is only for those that have caused harm while those that cause major damages such as intimidating their victims to the point of committing suicide having to get conviction for murder. Causing emotional harm is not excepted as the damage is accounted as a severe one that leads to the loss of one’s capability to participate in their normal lives.
In my opinion, based on the harm that cyberbullying causes on the affected persons and their family the penalties are adequate but should be upgraded to deter others from engaging in such acts. In that, in instances when the penalties are severe individuals tend to avoid being part of such activities based on the fear of the severe consequences that are associated. Most individuals that engage in these crimes are not only experts but they understand the law quite well and if the punishments are lenient this might encourage them to participate more while luring others to get involved (Bauman, 2015). The laws are therefore adequate but they are not effective based on the current state of the issue and the harm that is being caused by the prevalence of cyberbullying. Harassment should be treated as a tolerable crime based on the notion that it not only affects individuals safety but also their wellness that is necessary for self-growth and that of the society. It is thus evident that life sentence for an attempted murder can be the most suitable punishment for the bullies. This is because the bullies act with adequate knowledge that their actions are meant to cause harm but ignores all that on the need of gaining superiority over the victims (Hinduja & Patchin, 2017). Some of the challenges that might be faced by law enforcers in their attempt to prevent crimes include resources and the complexity of technology. In that, skills for operating and understanding the tactics utilized by the bullies are needed. The cost of implementing such strategies might be a problem given that technology evolves consistently thus giving the bullies more authoritative approaches (Hinduja & Patchin, 2017).
Conclusion
Apparently, cyberbullying is a major problem in the technological society. The prevalence and development of cyberbullying have mainly been facilitated by technology growth in general. Millions of individuals have access to computers and mobile devices that make it easier to use the internet. The networking sites create opportunities for communication and networking thus making the world a favorable place but also exposes the users to a number of problems such as cyberbullying. This crime is usually achieved by sending threatening or intimidating contents to the victims thus causing them unending harm. It is rather evident that technology has contributed highly to the development of the crime by creating platforms for bullies. While the current legislation seeks to combat the problem more measures should be taken to fully assert individuals safety. Cyberbullying can best be prevented by increasing awareness of the issue and implementing more strict policies.
References
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Donegan, R. (2012). Bullying and cyberbullying: History, statistics, law, prevention and analysis. The Elon Journal of Undergraduate Research in Communications, 3(1), 33-42.
Fenn, M. (2012). A web of liability: Does new cyberbullying legislation put public schools in a sticky situation. Fordham L. Rev., 81, 2729.
Gillespie, A. A. (2006). Cyber-bullying and harassment of teenagers: The legal response. Journal of Social Welfare & Family Law, 28(2), 123–136.
Hinduja, S., & Patchin, J. W. (2015). Cyberbullying legislation and case law: Implications for school policy and practice. Cyberbullying Research Center.
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Taylor, R. W., Fritsch, E. J., & Liederbach, J. (2015). Digital crime and digital terrorism. (3rd ed.). Upper Saddle River, NJ: Pearson.
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