This paper looks closely at the topic of the justice system and its bias with regards to gender.
Term Paper # 25321 |
2,282 words (
approx. 9.1 pages ) |
6 sources |
MLA | 2002
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Abstract
The writer discusses whether or not the Criminal Justice System is gender blind, whether males or females are favored by any inherent gender bias, and what an appropriate level of gender bias is for the justice system. The paper cites particular cases and sources that illustrate both sides of the argument.
From the Paper
"The blindfold worn by the Lady Justice signifies the impartiality aspired to by the criminal justice system. Ideally, the courts should treat each person before it equally, in a manner blind to any distinguishing features. In reality, our criminal justice system takes into account many distinguishing features of defendants placed within its boundaries. A defendant's age determines whether they will be tried as an adult or juvenile, a determination that brings with it many differences in sentencing options. A defendant's socio-economic status can be seen as determining the quality of legal counsel available, and can also influence sentencing in cases where resources provide better treatment options. While many would like to argue that a person's race does not impact the criminal justice process, studies have confirmed otherwise, finding that the race of the offender and of the victim does play a role in sentencing (Kleck, 1981; Glaeser et al., 2000). Thus, when it is asked whether or not justice is 'gender-blind,' it is not surprising to find out that it is not. Research has consistently found a sex effect operating within the justice system (Daly, 1995). Theorists have offered different explanations for this sex effect, often citing the patriarchal paternalism prevalent in all aspects of modern Western societies (Bernat, 2001; Gilbert, 2001; Daly, 1999). Beyond determining what the sex effects are, and why they may exist, the important question is whether or not justice should be gender blind. The possibility exists that gender disparities in sentencing are simply reflective of actual gender differences within society and therefore, warranted. This paper will provide an overview of the support showing that justice is not gender-blind, the competing explanations for gender biases, and the debate over whether gender bias is warranted as a method of reflecting the actual differences between the genders."
Tags:action, affirmative, bias, discrimination, feminism
This paper discusses the issue of actual child crime statistics and looks at juvenile justice systems.
Argumentative Essay # 111130 |
1,219 words (
approx. 4.9 pages ) |
5 sources |
APA | 2005
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In this article, the writer discusses whether or not drastic changes in legislation and criminal codes are necessary, given the actual statistics concerning youth violence. The writer notes that many sociological and criminological researchers have published studies on the actual statistics concerning youth crime, and it is these statistics that must be examined prior to determining whether or not changes to the criminal code, such as charging young offenders as adults, are warranted and necessary. The writer maintains that the true danger in America today posed to children is not other children, but instead, family violence, adult on child violence, and gun violence. The writer concludes that increasing the punishments for youthful offenders, therefore, will do very little to solve the problems of youth crime or youth violence, as these are not truly the greatest crime threats in America today.
From the Paper
"Critics argue that in order to protect society it is necessary to have harsh sentencing that shows children and adults alike that criminal behaviour is unacceptable. These critics argue that the purpose of sentencing should not be rehabilitation and they do not view rehabilitation as being possible or desirable. Instead, these critics prefer to seek vengeance on criminals and put very little thought into the future outcomes of such actions. Perhaps this would reduce crime, but history has shown that it does not reduce it by very much. In fact, unless you can lock up each offender for life, which is in some places crippling the financial affairs of some states, you are simply contributing to the creation of super criminals who learn how to better defy the law while locked up."
Tags:rehabilitation, justice, system, punishments
A persuasive essay on capital punishment in the United States.
Persuasive Essay # 58220 |
1,900 words (
approx. 7.6 pages ) |
7 sources |
MLA | 2005
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This paper follows the classical method of persuasion in a call for the reinstitution of the death penalty into modern-day justice systems. The paper argues that the death penalty not only stands as a deterrent in the minds of those who would break the law, but it reduces crime and, at the same time, reinforces the value of human life.
From the Paper
"Kill the Death Penalty, that is. Although it has been an underlying part of the moral system of all civilizations for thousands of years, only recently have its ethics and justice been called into question. Capital punishment has become a much debated issue in current social and political circles; there are many active Abolitionist groups, all with one aim - to abolish the Death Penalty. But in this age of moral decay and increasing crime, it needs more than ever to be reestablished."
Tags:electric, chair, injection, punishment
Discusses how sentencing of criminal offenders acts as a means of social control and furthers systematic discrimination and inequality.
Persuasive Essay # 59840 |
3,544 words (
approx. 14.2 pages ) |
11 sources |
MLA | 2004
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This paper examines how the criminal justice system is a means of social control, as it influences the views that society holds and the actions that are acceptable within it. It can therefore be deduced that particular aspects of the criminal justice system have the same type of social control. It discusses a particular aspect of this type: The sentencing of criminal offenders, which perpetuates systemic discrimination. The main points of the paper examine the various ways that inequality occurs among socio-economic classes, races and genders through sentencing and how these inequalities create control within a society.
From the Paper
"One aspect of how sentencing within the Criminal Justice System is a means of social control is through the way it propagates inequality among socio-economic classes. "Economic conditions are thought to affect social control response directly. Greater inequality implies the presence of elites who are motivated and able to use legal mechanisms of social control to maintain their privileged position" (Jacobs). When there is a prominent distinction between classes distributed into upper, middle and lower classes with several combinations of any successive two, than more strict punishments are prescribed through sentencing, as those classes that consider themselves to be the elite want to remain in that position, and believe that through stricter punishment of offenders, they can posses that control over society and keep their rein."
Tags:classes, conditions, control, crime, criminal, criminals, discrimination, economic, gender, inequlity, justice, law, offenders, punishment, race, sentencing, social, society, socio, system
A look at the Criminal Justice process in Canada using a fictional example.
Essay # 2109 |
2,610 words (
approx. 10.4 pages ) |
4 sources |
2001
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This paper provides a detailed example of the Criminal Justice process in Canada. In order to better illustrate the example, the paper depicts a fictional account of an individual's journey from arrest, through the courts, through imprisonment and to parole.
From the Paper
"At the station, Henri was photographed, fingerprinted, and put in a cell. Because Henri seemed very agitated, the officer in charge of lock-up decided it would be in the public interest not to release him at that point (Personal Communication, Constable Brown, Victoria Police, March 14th 1999). Chiles demanded a Habeas Corpus to "illegitimacize" the arrest. The lock-up officer did not release Henri because the offense he was being charged with carried a sentence greater than five years. The officer did, however, promise to bring Henri before a Justice as soon as was practicable. (Griffiths & Verdun-Jones, 1994, p.227)."
Tags:correction, courts, criminal, criminology, law, police, survive, innocent, guilty, prison
This paper looks at the social impacts of burglary, concentrating on the United States.
Analytical Essay # 111141 |
1,764 words (
approx. 7.1 pages ) |
7 sources |
APA | 2005
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In this article, the writer notes that burglary is a common and costly crime in the United States. The writer focuses on the crime of burglary and looks at how it impacts society. In order to understand fully the impact that burglary has on society in the United States, it is necessary to understand a few details about the crime. This paper reviews the definition of burglary, the occurrence of burglary in the United States, the financial costs of the crime and the social impact of the crime. The writer maintains that these topics, when taken together, provide a clear and distinct picture of burglary as a common crime that has very high financial and social costs for American society. The writer concludes that if burglary itself were reduced, the whole crime rate of the nation would reduce, and in part this can be achieved through greater public awareness concerning what makes burglary easy for perpetrators.
From the Paper
"The costs of burglary can be measured in a number of different ways. One of the most obvious costs of burglary is the financial cost. The financial costs of burglary can then be broken down even further into different areas of cost. The first of these is direct cost of the property damaged or stolen. Direct costs include the actual monetary costs of items stolen, or damaged. The second form of financial cost due to burglary is known as transfer of property costs. Transfer of property refers to the process in which another steals property that belongs to one person, and in essence, becomes their property. Furthermore, following a burglary the property may be transferred a number of other times to fences and eventually to unsuspecting purchasers. Although the individual who is burglarized views the process as a personal loss, in social terms, the property does not become useless, but is illegally transferred in possession. Another kind of cost involved in burglary are those associated with law enforcement. This includes money spent to pay law enforcement officers, and other members of the criminal justice system. This also includes the costs incurred by defendants to pay lawyers, as well as the expenses of incarceration. "
Tags:crime, property, possession, costs
Examination of Cesare Beccaria's theory on criminal justice.
Research Paper # 11163 |
2,087 words (
approx. 8.3 pages ) |
10 sources |
APA | 2001
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Can.$ 50.95
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Cesare Beccaria was a philosopher from the classical school of criminology during the 18th and 19th centuries. This paper analyzes his theories and shows how Beccaria demanded reform in every aspect of criminal justice. The writer presents the focal point of Beccaria's argument which is that capital punishment must be abolished on the grounds that all punishment should be swift and serve the greatest amount of good for the greatest number of people.
From the Paper
"Cesare Beccaria's contribution to the field of criminal justice is but one of his many accomplishments. In addition to criminal justice, Beccaria was well versed in theories of economics as well as politics and he incorporated all of these fields in his various publications. In his treatise On Crimes and Punishments, Beccaria (1764) speaks to a number of issues in the practice of criminal justice and recommends reform. In addition to his prolific writings, Beccaria was a teacher of public law and economy in the Palatine schools in Milan from 1768 to 1770 and after 1771 he held many public offices. Beccaria was a part of the classical school of criminology. This school covered a wide variety of issues and was made up of a group of philosophers on crime and punishment in the 18th and early 19th centuries. Cesare Beccaria was one of the school's most prominent members along with Jeremy Bentham. Both of these men shared the belief that criminal behaviour should be understood and controlled as an outcome of a certain human nature shared by all of us. They felt that human beings were ultimately hedonistic and always acted in terms which suited their own self interest; however at the same time they believed that humans were rational, and therefore acting in their own self interest could be manipulated to serve the good of the community. Based on this, a well ordered state would construct laws and punishments (based on deterrence) in such a way that people would understand peaceful and non-criminal actions to be in their self interest (Crime Theory, 2000). In 1764, when the then unknown Cesare Beccaria wrote his treatise On Crimes and Punishments, it would have been inconceivable for anyone to have believed that the world would still be using his ideas today in the 21st century to guide their criminal justice systems. The treatise has greatly impacted the Constitution of the United States, their Bill of Rights, and justice system. Many of the reforms that Beccaria called for have been incorporated into their system, and his influence stretches over arrest, prosecution and punishment. Beccaria never wrote anything else on criminal justice, which has left many unanswered questions, but the treaties has become the foundation upon which many criminology theories build and expand (Crime Theory, 2000)."
Tags:bentham, classics, crime, punishment, sociology, utilitarianism
This paper discusses the issue of sex trafficking and looks at the victims and the control of such crimes.
Descriptive Essay # 114666 |
1,461 words (
approx. 5.8 pages ) |
8 sources |
APA | 2008
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In this article, the writer notes that sex trafficking is the fastest growing organized crime initiative and is expected to replace drugs and arms trafficking to become the number one most profitable enterprise within the next few years. The writer examines how victims are lured, how they survive the conditions and looks at criminal justice initiatives designed to intervene in the trafficking of women and children. The paper does not examine prostitution as a choice, rather, it is limited to those who have, against their will, become enthralled into the sex industry and are afforded no supports or exits by their captors. The writer maintains that prosecution must be the most important method of controlling sex trafficking crimes and concludes that long term imprisonments and attacking the financial stranglehold are the only ways to impact and perhaps control the growth of sex trafficking and its effect on society.
From the Paper
"Transnational sex trafficking and OC operate on three distinct levels: small, medium, and large scale networks. Small scale networks transport small groups of women to a single brothel operator on demand. Medium scale networks move masses of women and children from one country to various global markets. They negotiate prices with purchasers through open human auctions or other means and create false documents to aid travel. Large scale operations control all aspects of the business value chain commencing with recruitment, transportation, and control multi-national networks and facilities where they manage all service delivery. These large scale operations are more equipped to maximize profits. Seventy-five percent of OC sex trafficking operations are large scale enterprises where brothels are staffed by imprisoned prostitutes. As the sex trade industry's economic growth flourishes in countries like Malaysia and Thailand, ghetto brothels are being replaced by luxurious private clubs to appease increased demand by upper class consumers."
Tags:victim, offenders, prosecution, prostitutes
A discussion on the treatment of the mentally ill in prisons in the United States.
Persuasive Essay # 111143 |
1,272 words (
approx. 5.1 pages ) |
6 sources |
APA | 2004
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Can.$ 30.95
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This paper examines the treatment of inmates with mental illnesses in U.S prisons. The author provides a history of the challenges of effectively treating individuals suffering from mental illnesses and discusses the possible causes of mental illnesses. The paper looks at the problem of the existence of mental illnesses in already overcrowded prisons and advocates that to reduce crime rate, the provision of effective treatment for those already incarcerated will be necessary. The author then discusses best practices to identify and treat the individuals with mental illnesses.
From the Paper
"The ancient cultures of the Chinese, Egyptians and Hebrews all considered mental illness to be due to the forces of evil spirits or demons. Unfortunate events such as bad weather and physical illnesses were blamed on the presence of those considered to be evil or possessed, and often these individuals suffered greatly due to the beliefs concerning how they were impacting the lives of others. The first introduction of viewing these individuals as somehow physically ill through a medical model occurred during the time of the Greeks around 600 -500 B.C.E. Philosophers such as Aristotle lay the groundwork for the future study of psychology and the human mind."
Tags:crime, human rights
A review of literature on psychological interrogation methods, false confessions and their implications.
Research Paper # 10100 |
4,738 words (
approx. 19 pages ) |
28 sources |
APA | 2001
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Can.$ 71.95
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Abstract
The paper shows that while the use of psychological interrogation methods is currently permissible by the courts in Canada, Great Britain and the U.S.A., many researchers argue that psychological interrogation is, in essence, no different than blatant coercion. Confession Law has slowly evolved over time alongside the evolution of interrogation methods. The paper discusses how prior to the 18th Century, English Common Law accepted confessions without any restrictions, which allowed confessions extracted through torture to be accepted as viable representations of objective truth. Today, the bottom line on the admissibility of confessions is that they are "typically excluded if elicited by physical violence, by a threat of harm or punishment, by a promise of leniency or immunity from prosecution, or by failure to notify a suspect of his or her constitutional rights to counsel and silence" (Kassin & McNall, 1991). The paper shows that despite these seemingly stringent laws regarding the admissibility of confessions, psychological interrogation methods are adept at circumventing the law, and continue to employ methods that run the risk of eliciting false confessions. This paper reviews the literature on Psychological Interrogation methods, false confessions and the implications of both.
Table of Contents:
Introduction
Psychological Interrogation Tactics
Inside the Interrogation Room
Custodial Legal Advice & The Right to Silence
Psychological Interrogation Functioning as Coercion
Police Interrogations and Confessions
Communicating Promises and Threats by Pragmatic Implication
False Confessions
Occurrence of False Confessions
Creation of False Confessions
An Empirical Study On Recall
Discourse Study
Interrogative Suggestibility & Delinquent Boys
Psychological Characteristics of False Confessors
Consequences of False Confessions
From the Paper
"Interrogation, as defined by the Merriam Webster Dictionary, is the act of "questioning; formally and systematically." Interrogations within criminal justice systems are used to gather information relevant to investigations, and more importantly, to elicit confessions from suspects. Methods of interrogation have changed drastically throughout history, but the ultimate goal of obtaining confessions has held constant. While the whips and chains of the past have now exited the western world's interrogation rooms, many scholars argue that today's suspects are still subjected to psychological tortures. Psychological Interrogation is the most recent approach used by law enforcement officials to extract information from suspects."
Tags:applied, brutality, deprivation, police, psychology, sleep, social