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Running Head: Annotated bibliography
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Annotated bibliography
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Annotated Bibliography
Robert Ponton
Professor Ramsey
CRJ422: Criminal Justice Capstone
10/28/2022
Rofiq, A., Disemadi, H. S., & Jaya, N. S. P. (2019, December).
Criminal Objectives Integrality in the Indonesian Criminal
Justice System. In
Al-Risalah: Forum Kajian Hukum dan Sosial
Kemasyarakatan (Vol. 19, No. 2, pp. 179-190).
According to this article, each component of the criminal
justice system, from its substance to its structure to its legal
culture, must work together to accomplish the system's full
potential. Because of this, it is crucial that the three components
of Indonesia's criminal justice system work together
harmoniously so that legitimate law enforcement can proceed
with confidence in the legitimacy of the rulings made. Laws
will always be biased against the poor and favor the wealthy
unless this policy is implemented. This research examines the
impact of the integrality of criminal intentions on Indonesia's
criminal justice system. This study uses a normative juridical
approach to show how the many parts of the criminal justice
system—the police, the prosecutors, the courts, and the
prisons—all work together to achieve the goals set forth by the
numerous statutes that establish them.
The full extent of the pandemic's influence on the
American criminal justice system will become apparent as time
goes on. These systems will keep on producing both routine and
pandemic data for the time being. Research based on these
statistics will help define disaster preparedness for years to
come, making it of critical importance to the future of the
criminal justice system. Researchers who want to use data from
the criminal justice system at this time should be aware of
several potential data constraints, however. This essay
concludes with a consideration of four guidelines that
academics should take into account when using data collected
during the epidemic, regardless of the area of criminal justice
they intend to examine.
Jamal, T., & Higham, J. (2021). Justice and ethics: towards a
new platform for tourism and sustainability.
Journal of Sustainable Tourism,
29(2-3), 143-157.
Justice has emerged as a crucial principle to govern the growth
and direction of the tourism industry in these times of turmoil
and uncertainty. People everywhere are searching for ways to
right the wrongs they've suffered at the hands of the powerful,
whether those wrongs date back centuries or are more recent
inventions. This special issue provides a variety of theoretical
and empirical insights regarding the intersection of justice and
tourism as a response. Considering the nascent nature of theory
development in the tourist industry, academics would do well to
investigate the various disciplinary and interdisciplinary
approaches being taken to the study of theories of justice.
Social justice, equity, and rights; inclusivity and recognition;
sustainability and conservation; well-being, belonging, and
capacities; post humanistic justice; and governance and
participation are all discussed in this paper as evolving
principles and approaches to justice and tourism. We achieve
this by outlining the many topics and ideas related to "just"
tourism that need immediate and thorough academic
consideration. Fortunately, there is a new methodological
foundation forming in the field of justice and ethics that might
serve as a beacon for the tourist and sustainability industries.
Insights and direction towards this topical and vital research
agenda are provided in this special issue.
Almqvist, J. (2006). The impact of cultural diversity on
international criminal proceedings.
This article examines how cultural diversity affects
international criminal processes and what can be done to
alleviate the negative outcomes that arise as a result, such as a
lack of mutual understanding, estrangement, and conflict. If any
one of these prerequisites isn't met, international criminal
tribunals lose not just their ability to provide justice to those
who need it (the accused, witnesses, and victims) but also their
value in the eyes of those who are intended to benefit from them
(the affected populations). To date, international criminal
tribunals have mainly viewed the issue of cultural variety
through the lens of language diversity. Focusing just on
language, however, obscures disparities in socio-cultural norms
and views about justice, both of which are crucial to their work.
These variants are very challenging to address. This article
considers whether national courts, which are generally thought
to operate in more culturally homogeneous environments,
provide more appropriate fora of adjudication of grave crimes
under international law.
Arbour, L. (2007). Economic and social justice for societies in
transition.
NYUJ Int'l L. & Pol.,
40, 1.
Considering Beck's 'risk society' concept, risk has been
generally seen negatively in social theory and critical
criminology. However, the author of this research contends that
such concerns are unwarranted. The political climate shapes
many of the objects of criticism, and risk is an incredibly
malleable governmental technology. All other methods of
security have been negatively framed by the same context.
Strategies for reducing the potential for harm caused by drugs
hold great promise for bridging the gap between risk and
security, and more generally, issues of social justice. However,
the same issues that plague oversimplifying risk-based security
also plague abstract requests for harm minimization security.
This study argues that a government analyst may help us build a
strategic understanding of risk by analyzing current practices
(such damage minimization and restorative justice) and then
utilizing that analysis to design new experiments in these areas
of policy.
References
Arbour, L. (2007). Economic and social justice for societies in
transition.
NYUJ Int'l L. & Pol.,
40, 1.
Almqvist, J. (2006). The impact of cultural diversity on
international criminal proceedings.
Jamal, T., & Higham, J. (2021). Justice and ethics: towards a
new platform for tourism and sustainability.
Journal of Sustainable Tourism,
29(2-3), 143-157.
Rofiq, A., Disemadi, H. S., & Jaya, N. S. P. (2019, December).
Criminal Objectives Integrality in the Indonesian Criminal
Justice System. In
Al-Risalah: Forum Kajian Hukum dan Sosial
Kemasyarakatan (Vol. 19, No. 2, pp. 179-190).
In MS Word, write the 3–5 page marketing plan and sales
strategy section of your business plan, in which you:
Revise the company’s target market based on the feedback
received in the Week 3 discussion thread.
Be sure to include demographic, geographic, lifestyle,
psychographic, purchasing patterns, and buying sensitivities in
the target market description.
Assess your chosen company’s market competition.
Use the factors listed in the graphic in your textbook labeled
“Assess the Competition” (page 125), to assess the company’s
market competition.
When assessing the competition, specify the exact company and
particular product or service you are competing against. For
example, Coca Cola offers a portfolio of products, such as
water, fruit juice, and cola. Are you competing against Coca
Cola’s fruit juice product? Or its cola product?
Be sure to detail your plan to differentiate yourself from the
competition.
Outline the company's value proposition and create a marketing
slogan/tagline for the product.
The value proposition tells your customers why they want to do
business with you.
You need to know what message you want to convey in your
marketing slogan before selecting the marketing vehicles in the
next step.
Specify the marketing vehicles you will use to build your
chosen company’s brand and justify the key reasons they will be
effective.
Marketing vehicles are ways to promote your product. Examples
include social media, sponsored events, trade shows, and
sampling. You will use a combination of these tactics.
Planning to use online marketing tactics? Consult the “Online
Marketing Tactics” worksheet on page 177 of your textbook to
guide your response.
Formatting
Format your assignment according to these requirements:
This course requires the use of Strayer Writing Standards
(SWS). For assistance and information, please refer to the
Strayer Writing Standards link in the left-hand menu of your
course.
Typed, double-spaced, using Times New Roman font (size 12),
with one-inch margins on all sides.
You must include headings in your paper for each major topic.
Include a cover page containing the assignment title, your name,
the professor’s name, the course title, and the date. The cover
page is not included in the required page length.
Include a source list page. All sources used must be listed in the
source list page and have a corresponding in-text citation.
Citations and references must follow SWS format. The source
list page is not included in the required page length.
**********Please include link to all sources.
The company’s name is Healthy Vending
Solution
s located in Raleigh, NC. The target market is from ages 5-65,
we provide low calorie alternative healthy snacks. The snacks
include baked chips, nuts, protein shakes, protein bars, various
waters, beef jerky, and dried fruit and veggies. These services
are currently being offered in vending machines, however we
seek to expand.
9
Using the Criminal Justice System to
Create a More Just Society
Learning Objectives
After reading this chapter, you should be able to:
• Analyze the concept of equality, including examples of how
the criminal justice system
both provides for and hinders equality for all citizens.
• Evaluate the concept of solidarity, including examples of how
the criminal justice sys-
tem both provides for and hinders solidarity among citizens.
• Assess the concept of human rights, including examples of
how the criminal justice
system both provides for and hinders individual human rights of
citizens.
Lonely Planet/Getty Images
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Introduction
In thinking about the correlation between criminal justice and
social justice, students
should focus their thoughts on how they, as criminal justice
practitioners, can impact the
citizens and communities they serve. Criminal justice personnel
are in a unique position
to have both positive and negative impacts on individual lives,
whether intentional or
unintentional. Therefore, all criminal justice practitioners need
to understand the dimen-
sions of social justice and how they, as practitioners and as
community citizens, can work
toward applying positive aspects of social justice to their
profession and everyday lives.
At the basic core of the criminal justice system is the U.S.
Constitution and, more spe-
cifically, the Bill of Rights. The Bill of Rights “was set up to
protect civil liberties and to
provide for equality, at least ideally. Further, criminal justice
agencies are ideally dedi-
cated to outcomes consistent with social justice (e.g., due
process and equal protection)”
(Robinson, 2010, p. 86). In addition, criminal laws are written
and developed to identify
appropriate and inappropriate behaviors in order to maintain
order and to protect the
liberties of all individuals. “Defining crimes to protect citizens
and society” is consistent
with social justice ideals as “the right of people to live freely
and safely” is essential to
those ideals (Robinson, 2010, p. 88).
As such, all parts of the criminal justice system play important
roles in providing social
justice in order to create a more just society. The three major
facets of the system—law
enforcement, courts, and corrections—are correlated and
intricately aligned with equality,
solidarity, and human rights. In addition, each facet has its own
specific ways of providing
these important aspects of social justice to those involved with
the criminal justice system.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Introduction
Figure 9.1: Criminal and social justice
Equality
Bill of Rights
Code of Ethics
Solidarity
Crime Prevention
Community Policing
Human Rights
Title 18, Section 242
Equality
Appellate Decisions
Sentencing Guidelines
Solidarity
Procedural Laws
Human Rights
Alternative Courts
Equality
Writ of Habeas Corpus
Classification System
Solidarity
Prison Nurseries
Reentry Programs
Human Rights
Restorative Justice
C
ri
m
in
al
J
u
st
ic
e
S
ys
te
m
an
d
S
o
ci
al
J
u
st
ic
e
Law Enforcement
Court System
Corrections
Examples of the criminal justice system providing social
justice.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Section 9.1 Social Justice and Equality
9.1 Social Justice and Equality
A major focus within social justice is the concept of equality,
defined in Chapter 7. As Miller
(2003) notes, equality is based on the social ideal that all
members of society are treated
as equals, that certain rights should be distributed equally, and
that all citizens deserve equal
rights. Individuals “are related not just through their
communities and their instrumental
associations but also as fellow citizens. Anyone who is a full
member of such a society is
understood to be the bearer of a set of rights and obligations
that together define the status of
citizen” (Miller, 2003, p. 30). Equality under the law is found in
the Bill of Rights, as the rights
established focus on due process and equal protections for all
citizens (Orth, 2007).
Law Enforcement and Equality
The U.S. Constitution, through the Bill of Rights, provides
individual citizens with due
process and equal protection of law. The Fourth Amendment
requires that “no Warrants
shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized” (U.S. Constitu-
tion, 1791). This means that law enforcement officers are
required to obtain a warrant by
first establishing that probable cause exists to believe that the
individual to be arrested
committed a crime, or that the place to be searched holds
evidence of a crime. Because
of this provision of the Fourth Amendment, all warrants are
processed equally, with the
same standard required to obtain the warrant and authorization
from a judge.
Another provision in the Bill of Rights that provides equality
from law enforcement con-
cerns the Fifth Amendment, which states that no person “shall
be compelled in any crim-
inal case to be a witness against himself” (U.S. Constitution,
1791). This is commonly
referred to as protection against self-incrimination. Although
historically applicable to
testimony in criminal trials, the U.S. Supreme Court broadened
this protection to the duty
of law enforcement officers with its decision in Miranda v.
Arizona in 1966. In Miranda, the
Supreme Court ruled that the police are required to inform
accused individuals that they
have the right to not testify against themselves (Reid, 2011).
In the decision, the Court specifically delineated what law
enforcement officers are to state
to each suspect—what has become known as the Miranda
Warnings—which includes
the right to remain silent. In addition, the Court explained that
Miranda Warnings are
required whenever individuals are subjected to a custodial
interrogation, whereby there is
a possibility that they could incriminate themselves. This
requirement is provided equally,
to all suspects, without regard to a specific crime or action.
Law enforcement officers are also bound by codes of conduct
and agency policies and pro-
cedures that reflect the understanding that all citizens,
regardless of their status within the
community, are to be provided with equal protection of the law,
and given equal opportuni-
ties within the criminal justice system. For example, the
foremost purpose of the Lowndes
County, Georgia, Sheriff’s Office is to maintain social order. As
part of this agency’s poli-
cies and procedures, “Our fundamental duties are to serve
humanity . . . and to respect
the constitutional right of all persons to liberty, equality, and
justice” (Lowndes County
Sheriff’s Office, 2012, para. 1). For many agencies and their
officers, these policies and
procedures are just as binding as legal statutes. In other words,
violating an agency policy
can give rise to legal and/or civil liability for the law
enforcement officer and the agency.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Section 9.1 Social Justice and Equality
In addition, many agencies have sought outside organizations to
provide professional
standards and accreditation to ensure that all officers and other
law enforcement personnel
understand the necessity of equality and how to provide equal
protection to all citizens.
For example, the Commission on Accreditation for Law
Enforcement Agencies (CALEA)
is a national credentialing authority, whose purpose “is to
improve the delivery of public
safety services” by “maintaining a body of standards, developed
by public safety practi-
tioners” (CALEA, 2012, para. 2). In addition, CALEA goals
include establishing “fair and
nondiscriminatory personnel practices” (CALEA, 2012, para. 3).
The purpose of accredita-
tion, as well as the reaffirmation of that accreditation, is to
ensure that all law enforcement
personnel provide equitable services to all citizens in a
professional and ethical manner,
free from discrimination and bias.
The Court System and Equality
As with law enforcement, the court system is also concerned
with equality. The nature of
the court system is adversarial, which provides that all
defendants are innocent until
proven guilty. This means that the state (government) has the
burden of proof in proving
guilt, using a standard of beyond a reasonable doubt. In other
words, within the court
system, when an individual is charged with a crime and
subjected to a criminal trial, that
individual is presumed innocent, regardless of the nature of the
crime, and must be proven
guilty of the crime, using fair and just procedures.
Equality in the court system is also
provided to all citizens through
the Bill of Rights (see Table 9.1).
When originally adopted in 1791,
the Bill of Rights applied only to
the federal criminal justice sys-
tem, leaving state defendants
without adequate and fair protec-
tions of the law. This changed with
the adoption of the Fourteenth
Amendment in 1868, which pro-
vides that “No State shall make
or enforce any law which shall
abridge the privileges or immu-
nities of citizens of the United
States; nor shall any State deprive
any person of life, liberty, or prop-
erty, without due process of law;
nor deny to any person within its
jurisdiction the equal protection
of the laws” (U.S. Constitution,
1868). The Due Process Clause makes most of the criminal
procedural rights contained
in the Bill of Rights applicable to the states, in an effort to
ensure fairness under the law.
The Equal Protection Clause requires the states to guarantee
equality by providing equal
protection under the law for all citizens.
Jeff Cadge/The Image Bank/Getty Images
It is the prosecution’s responsibility to prove beyond a
reasonable doubt that the defendant committed the crime he
or she is accused of.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Section 9.1 Social Justice and Equality
Table 9.1: Protections and Supreme Court cases for the Fifth,
Sixth, and
Fourteenth Amendments
Amendment Protections Supreme Court cases
Fifth Double Jeopardy
Self-Incrimination
U.S. v. Felix, 1992
Miranda v. Arizona, 1966
Sixth Speedy and Public Trial
Impartial Jury
Notice of Charges
Obtain and Confront
Witnesses and Counsel
Baker v. Wingo, 1972
Turn v. Louisiana, 1965
Moore v. U.S., 1964
Kentucky v. Stincer, 1987
Gideon v. Wainwright, 1963
Fourteenth Due Process Clause
Equal Protection Clause
Wisconsin v. Constantineau, 1971
Brown v. Board of Education, 1954
The Fifth Amendment provides the protections that “nor shall
any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any
criminal case to be a witness against himself, nor be deprived of
life, liberty, or prop-
erty, without due process of law” (U.S. Constitution, 1791). The
first protection is com-
monly known as double jeopardy, and essentially means that the
state (government) gets
one chance to convict a defendant for a particular crime and, if
the defendant is acquitted,
cannot keep retrying the defendant until the state gets a
conviction. For example, a defen-
dant on trial for murder is acquitted of all charges due to a lack
of evidence showing the
defendant was at the murder scene. A few months after the trial,
new evidence surfaces,
including DNA evidence, to show the defendant was indeed at
the murder scene. The
state cannot, taking the new evidence into account, charge and
try the defendant a second
time for the murder.
The second protection, commonly known as self-incrimination,
means that a defendant is
not required to take the stand and testify in a criminal trial. For
example, a defendant is
accused of burglary and rape. The defense can present a case
without the defendant tes-
tifying, and this in no way indicates the defendant’s guilt or
innocence. In other words,
the jury should not draw any conclusions about the guilt or
innocence of the defendant
simply because he or she decides to remain silent.
The third protection is that of due process, which means that
reasonable and lawful proce-
dures must be made available to all defendants in any criminal
actions. All of these Fifth
Amendment protections are granted equally to all individuals
who are processed in the
criminal justice system, regardless of the nature of the crime.
ASSOCIATED PRESS/AP Images
Clarence Gideon’s case helped champion
the Supreme Court ruling that mandated
the right to legal counsel for all defendants,
regardless of an individual’s ability to pay
for it.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Section 9.1 Social Justice and Equality
The Sixth Amendment provides that “[i]n all
criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime
shall have been committed, which district shall
have been previously ascertained by law, and to
be informed of the nature and cause of the accusa-
tion; to be confronted with the witnesses against
him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance
of Counsel for his defence” (U.S. Constitution,
1791). All of these provisions apply to all defen-
dants in any criminal trial, on any level (local,
state, or federal), and are intended to assist the
defendant in a criminal trial, in order to ensure
that a fair and just prosecution is obtained. The
provisions are provided without regard to the
individual defendant or the nature of the crime.
Several U.S. Supreme Court cases have clarified
the meaning and interpretation of these provi-
sions. For example, the provision of confronting
witnesses was addressed in Kentucky v. Stincer
(1987) in which the Court, explaining what is
known as the confrontation clause, stated that “the
opportunity for cross-examination is critical for
ensuring the integrity of the fact-finding process.
Cross-examination is the principal means by which the
believability of a witness and the
truth of his testimony are tested.”
The U.S. Supreme Court has also addressed the assistance of
counsel provision, most
importantly with the landmark case of Gideon v. Wainwright
(1963). In Gideon, the Court
mandated equality for all defendants, regardless of ability to
pay for counsel, which
means that all defendants in felony (later expanded to include
misdemeanor) cases are
to be assisted in their cases with legal counsel, even if the state
has to pay for that legal
counsel. However, merely being assisted by legal counsel is not
enough; competency is
also important. In Strickland v. Washington (1984), the Court
further interpreted this provi-
sion as guaranteeing the effective assistance of counsel.
“Accordingly, when a lawyer’s
performance falls so far below the standard of reasonable
competence that the outcome of
the case is likely to be unfair or unreliable, the Sixth
Amendment provides a remedy for a
new trial to occur” (Owen, Fradella, Burke, & Joplin, 2012, p.
224).
Table 9.1: Protections and Supreme Court cases for the Fifth,
Sixth, and
Fourteenth Amendments
Amendment Protections Supreme Court cases
Fifth Double Jeopardy
Self-Incrimination
U.S. v. Felix, 1992
Miranda v. Arizona, 1966
Sixth Speedy and Public Trial
Impartial Jury
Notice of Charges
Obtain and Confront
Witnesses and Counsel
Baker v. Wingo, 1972
Turn v. Louisiana, 1965
Moore v. U.S., 1964
Kentucky v. Stincer, 1987
Gideon v. Wainwright, 1963
Fourteenth Due Process Clause
Equal Protection Clause
Wisconsin v. Constantineau, 1971
Brown v. Board of Education, 1954
The Fifth Amendment provides the protections that “nor shall
any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any
criminal case to be a witness against himself, nor be deprived of
life, liberty, or prop-
erty, without due process of law” (U.S. Constitution, 1791). The
first protection is com-
monly known as double jeopardy, and essentially means that the
state (government) gets
one chance to convict a defendant for a particular crime and, if
the defendant is acquitted,
cannot keep retrying the defendant until the state gets a
conviction. For example, a defen-
dant on trial for murder is acquitted of all charges due to a lack
of evidence showing the
defendant was at the murder scene. A few months after the trial,
new evidence surfaces,
including DNA evidence, to show the defendant was indeed at
the murder scene. The
state cannot, taking the new evidence into account, charge and
try the defendant a second
time for the murder.
The second protection, commonly known as self-incrimination,
means that a defendant is
not required to take the stand and testify in a criminal trial. For
example, a defendant is
accused of burglary and rape. The defense can present a case
without the defendant tes-
tifying, and this in no way indicates the defendant’s guilt or
innocence. In other words,
the jury should not draw any conclusions about the guilt or
innocence of the defendant
simply because he or she decides to remain silent.
The third protection is that of due process, which means that
reasonable and lawful proce-
dures must be made available to all defendants in any criminal
actions. All of these Fifth
Amendment protections are granted equally to all individuals
who are processed in the
criminal justice system, regardless of the nature of the crime.
ASSOCIATED PRESS/AP Images
Clarence Gideon’s case helped champion
the Supreme Court ruling that mandated
the right to legal counsel for all defendants,
regardless of an individual’s ability to pay
for it.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Section 9.1 Social Justice and Equality
The appellate courts, which consist of a panel of judges, have
been established to consider
errors of procedural law in trial court cases. “The work of
appellate courts concerns ques-
tions about the interpretation or application of laws, not
questions of fact” (Owen, et al.,
2012, p. 321). For example, a convicted defendant may appeal,
whereby “the appellate court
would review issues such as whether he had a fair trial, whether
the evidence was obtained
legally, and whether the law has been applied correctly” (Owen,
et al., 2012, p. 321).
Although the appellate courts are not seeking to determine
whether the defendant actu-
ally committed the crime, the process of appeal is equitable to
all defendants, as these
courts will determine whether any error of law occurred that
had a negative or detrimen-
tal effect on the outcome of the trial. In other words, as noted in
Chapter 8, the appellate
courts do not retry the case but rather look for errors whereby
the defendant was not pro-
vided with a fair and just trial. If the appellate court deems that
no errors of law occurred,
the trial court decision is upheld; conversely, the finding of an
error of law will require the
conviction to be set aside and the defendant retried in a trial
court. Therefore, appellate
courts provide equality, as decisions are made without regard to
individual defendants or
the nature of the crime.
An additional aspect of the legal system that provides fairness
and justice occurs with
the use of sentencing guidelines “to produce fair sentences
based on legal variables such
as offense seriousness and prior record” (Robinson, 2010, p.
92). Sentencing guidelines
provide judges with a basis from which to determine appropriate
sentences for similar
cases and circumstances. This provides for a more standard and
just legal system, while
also providing future offenders with an idea of consequences to
expect from engaging in
criminal behavior.
Corrections and Equality
Correctional systems, on all levels, provide equality through
various provisions of the Bill
of Rights. Probably the most important provision of the Bill of
Rights encountered in cor-
rections is the protection against cruel and unusual punishment,
delineated in the Eighth
Amendment (U.S. Constitution, 1791). Correctional systems,
which include probation and
parole, are required to assess and impose punishment in such a
manner as to be fair and
just. With this, all inmates have the right to challenge the
constitutionality of their confine-
ment through a writ of habeas corpus. This writ allows for the
court to determine the appro-
priateness and legal grounds for confinement, thus safeguarding
the rights of all inmates.
Another provision of equality within corrections is the
classification system, which is a “spe-
cific set of objective criteria, such as offense history, previous
experience in the justice system,
and substance abuse patterns, applied to all inmates to
determine an appropriate classifica-
tion” (Clear, Cole, & Reisig, 2013, p. 150). The importance of
the classification system is for
the correctional facility to identify for each incoming inmate the
appropriate and needed
services, as well as identify under what conditions, if any, the
inmate will be housed.
© 2013 Bridgepoint Education, Inc. All rights reserved. Not for
resale or redistribution.
CHAPTER 9Section 9.1 Social Justice and Equality
There are numerous types of criminal offenders, all with
individual and unique reasons
for offending. For example, the mentally ill offender would
need a different type of treat-
ment program than a drug abuser or a sex offender, with the
latter two needing still other
types of treatment. In addition, the elderly inmate brings
additional medical care issues
that may not be found in younger inmates. By using a standard
set of criteria, classifica-
tion allows the correctional facility to equitably provide each
inmate the unique services
he or she requires.
In addition, classification is also
used to identify the appropri-
ate correctional facility for the
inmate, based on security level.
Although classification has tradi-
tionally been an important aspect
of identifying program and treat-
ment needs, “prison management
still relies on continuing classifi-
cation, which now focuses on the
offender’s potential for escape,
violence, or victimization by other
inmates” (Clear, Cole, & Reisig,
2013, p. 376). In addition, to main-
tain a fair and just classification,
inmates may be reclassified at any
time during their incarceration,
which can occur, for example,
at the completion of a treatment
program or for any other unique
circumstance that may arise.
According to the decision in Ramos v. Lamm (1979),
classification systems must be “clearly
understandable, consistently applied and conceptually
complete.” As a result, objective
classification systems have been developed to ensure that the
classification and level of
custody are appropriate. Equity-based models have been created
that “use only a few
explicitly defined legal variables reflecting current and previous
criminal characteristics.
Such variables as race, employment, and education are not used
because they are seen as
unfair” (Clear, Cole, & Reisig, 2013, p. 353). In other words,
today’s classification systems
strive for equity and fairness in order to ensure that all inmates
are housed with an appro-
priate custody level and are able to access appropriate services
and programs.
David R. Frazier/Stone/Getty Images
Elderly offenders may require different care than is required
for other types of inmates.
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CHAPTER 9Section 9.1 Social Justice and Equality
Inequality in the Criminal Justice System
The preceding sections provide examples of how the various
facets of the criminal justice
system provide equality for all citizens. Although equality has
been a focus since the
founding of our country, the system has not always been
effective at providing equality
for all citizens.
Inequality in Law Enforcement
Several issues arise in law enforcement in regard to inequality.
One of the most notable,
with a history as old as law enforcement itself, is corruption.
Law enforcement officers are
required, by law and agency policy, to uphold the law, while
being upstanding members
of society. We look to law enforcement officers to help in times
of crime and crises and
expect them to be above reproach. We respect them when they
catch criminals but hate
them when they write us tickets. For many officers, this is a
difficult paradox that per-
vades every aspect of their daily lives.
Oftentimes, we forget officers are humans, with the same wants
and needs as ordinary cit-
izens. It is no wonder many officers find themselves tempted by
corruption. While some
officers successfully handle the temptations, many fall victim to
temptation without a
clear intention to do so. For example, the “slippery slope”
mentioned in Chapter 8 sym-
bolizes the notion that an officer can accept a seemingly
innocent token of appreciation
without fully recognizing or understanding the intention behind
the token. The officer
may believe that the convenience store owner who provides free
coffee to all officers sim-
ply likes the extra attention and surveillance that officers
provide to his store and area.
However, when that same storeowner is pulled over for
speeding by one of the officers
who frequents his store for free coffee, does the store owner
expect a “favor” or special
privilege in return? In other words, what is the intention, hidden
or not, behind the pro-
moting and providing of free coffee? Is it truly a show of
appreciation and respect, or does
it anticipate something bigger, such as the store owner’s
expectation that the officer will
return the favor down the road?
And where does the slippery slope end? If an officer is willing
to take free coffee, food,
or any other free gift, when is the line drawn? If an officer
succumbs to the temptation of
corruption, then those who provide the thing of value to the
officer will begin to receive
special treatment, placing all others at a disadvantage when law
enforcement services are
needed. For example, if an officer is “on the take,” and getting
paid on the side for extra
security for a certain area of a neighborhood, the officer is
likely to respond more quickly
to the individuals in that area than to others, creating inequality
of services.
In order to reduce the temptation to corruption, all law
enforcement officers need train-
ing, education, and monitoring to ensure compliance with all
laws and ethical behaviors.
Steps to this end could include more ethical training in police
academies and requiring
officers to complete ethical training as part of their yearly in-
service hours. In addition,
more training for supervisors could be provided on warning
signs of corruption and what
to do to intervene before it becomes an issue. Officers are also
bound by a Code of Ethics,
which should be constantly and consistently reinforced
throughout the officers’ careers.
Law enforcement officers are human, with worries about family,
bills, and other life stress-
ors. Due diligence is required, not only to keep officers in line
but also to help avoid any
and all corrupt behaviors.
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CHAPTER 9Section 9.1 Social Justice and Equality
Inequality in the Court System
As with law enforcement, several issues concerning inequality
exist within the court
system, with the biggest being inadequate counsel. Through the
Sixth Amendment, all
individuals being processed through a criminal trial are
guaranteed the right to counsel.
However, this does not mean the right to the most experienced,
most expensive, or most
successful counsel; it simply permits that the defendant may
have an attorney working
on his or her behalf.
The majority of defendants processed through the court system
do so with a court-
appointed attorney. Due to the sheer volume of cases that each
court-appointed attorney
must process, oftentimes this means that each individual case
receives less focused atten-
tion than could be provided by a privately hired attorney, who is
working on one specific
case. This is not to say court-appointed attorneys are not well
trained or competent, but
the reality of processing excessive amounts of criminal cases
can lead to inequity when
preparing for and presenting a defense in a criminal trial.
Inequality may also occur because cases are different (i.e.,
different crimes, different types
and amounts of evidence, different witnesses, etc.). As a result,
all cases are not processed
in the same way. For example, a high-profile serial murder case
would most likely require
additional time and resources to defend. The more difficult the
case, the longer it may
take to prepare an adequate defense. This must be weighed
against the defendant’s Sixth
Amendment right to a “speedy and public trial.” In other words,
while the defendant has
a right to counsel, that counsel may request additional time to
prepare the defense—while
at the same time, the defendant has a right to not spend an
excessive amount of time wait-
ing for his or her day in court.
The most logical way to resolve this issue is both practical and
impractical—hire more
court-appointed attorneys. It is practical in the sense that more
attorneys would allow for
a smaller caseload per attorney, allowing for a more focused
approach to each case. It is
impractical in the sense that most jurisdictions do not have the
additional funds needed
to hire an extensive number of new attorneys. Another way to
resolve this issue would
be to hire more paralegals. Although not able to try the case,
they can certainly provide
much-needed research and writing skills to assist the case
attorneys. Barring the ability to
hire new attorneys, jurisdictions can perhaps provide additional
training on time manage-
ment, and structure court time to allow the most expeditious
processing of criminal cases.
Inequality in Corrections
The field of corrections also has its share of equality issues,
with a major issue concerning
access to treatment programs while in a correctional facility. As
noted previously, inmates
in correctional facilities have myriad mental, psychological, and
physical health issues
that need to be addressed if rehabilitation is to be achieved. One
of the overarching goals
of corrections is rehabilitation, gained through various
treatment options. However, not
all inmates have equal access to treatment programs. Depending
on the level of security
and classification of any particular correctional institution,
some inmates may need a spe-
cialized treatment option that is simply not available at their
facility.
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CHAPTER 9Section 9.2 Social Justice and Solidarity
For example, for the sex offender, research shows that treatment
is most effective when
provided in a one-on-one, individual counseling setting.
However, group counseling is
most often found in correctional institutions (Holmes &
Holmes, 2008). The issue is one of
funding—individual counseling costs more than group
counseling. Correctional institu-
tions, which get their funding from state appropriations, are
seeing less and less funding
available. In addition, this decrease in funding is found at a
time when the general public
is calling for more severe punishment for sex offenders, which
results in more offenders
being sent to prison. As a result, more sex offenders are in
correctional institutions at a
time when less money is being used for counseling. Sex
offenders are therefore being
placed in counseling and treatment programs that do not have a
high success rate because
they are not tailored, nor can they be tailored, to meet the
specific needs of these offenders.
As with the inequality in the court system, the solution to this
issue is both practical and
impractical—provide funds for more treatment programs when
funds are simply not
available. Another option would be for the states and/or
individual correctional facility
personnel to solicit volunteer service from local psychologists
and social workers. Perhaps
even setting up some form of clinical internship would be
beneficial to those inmates
needing the most counseling treatment. Although a correctional
setting may not be the
ideal choice of career for an intern, it would provide a unique
opportunity for students to
gain valuable experience not available in the classroom or other
settings.
9.2 Social Justice and Solidarity
As discussed in Chapter 7,
the concept of solidarity for
social justice means the degree
to which individuals see them-
selves as members of an extended
family, where citizens in commu-
nities are “in this together” (Rob-
inson, 2010). Solidarity with the
community, and thus the human
family, is in the context of free-
dom and justice. “Solidarity with
all of the human family implies a
special commitment to the most
vulnerable and marginalized in
our midst”; therefore, “solidarity
encourages striving for relation-
ships that tend toward equality
on the local, national, and inter-
national levels. All members of
the human community must be
brought as fully as possible into the circle of productive and
creative relationships”
(Sirico, 2012, para. 3).
Jose Luis Pelaez Inc/Blend Images/Getty Images
Social justice can be maintained if community members feel a
sense of solidarity with one another.
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CHAPTER 9Section 9.2 Social Justice and Solidarity
Law Enforcement and Solidarity
With a common goal of eliminating and preventing crime, law
enforcement agencies and
officers, particularly on the local level, are in a unique position
to unite their respective
communities. While crime and local criminal behavior can tear
apart and alienate seg-
ments of a community, the workings and programs of local law
enforcement agencies can
bring together individual citizens to work toward revitalizing
those neighborhoods and
communities touched by crime. There are numerous examples of
law enforcement agen-
cies and individual officers working with community citizens
and leaders to integrate all
segments of the community, with the goal of providing social
justice through solidarity.
One such example is the Community Oriented Policing (COP)
model, which has been
adopted by numerous local law enforcement agencies across the
country. The COP model
“is a philosophy that promotes organizational strategies, which
support the systematic
use of partnerships and problem-solving techniques, to
proactively address the imme-
diate conditions that give rise to public safety issues such as
crime, social disorder, and
fear of crime” (U.S. Department of Justice, Community
Oriented Policing Services, 2012,
para. 1). Community policing is a proactive approach to solving
crime, putting local law
enforcement officers on the streets and in neighborhoods,
specifically with the goal of
improving police–community relations. Officers walk the beat,
are encouraged to get to
know business owners and residents, and are actively engaged
in the happenings of the
neighborhoods in which they patrol.
When law enforcement officers are routinely seen by
neighborhood residents, are
actively participating in neighborhood activities, such as crime
watch programs, and
actively pursue open lines of communication with residents, a
valuable and trusting
bond develops that fosters improved cooperation between
residents and officers. This
allows residents to become active participants in protecting
their own neighborhoods. In
other words, police–community
partnerships allow residents to
become an active part of the solu-
tion to crime, which increases the
solidarity of the neighborhood.
Similar to the COP model is the
Problem Oriented Policing (POP)
model used by numerous local law
enforcement agencies across the
country. The main focus of the POP
model is to identify specific crime
problems within local neighbor-
hoods and communities, so that
law enforcement can work with
local citizens to solve those prob-
lems. Community leaders iden-
tify recurring events or areas of
concern, then a four-step process
known as SARA is implemented
(Scanning—a problem is identified,
Sean Murphy/Stone/Getty Images
Officers practicing Community Oriented Policing are aware
of the events in their patrol areas, and frequently walk the
streets, getting to know business owners and community
residents.
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CHAPTER 9Section 9.2 Social Justice and Solidarity
Analysis—questions are asked to learn about the problem,
Response—a custom-made
response is tried, Assessment—the response is evaluated to
determine effectiveness). For
example, in San Diego, California, “The police, community and
City Council worked to
attack drug and gang problems in the Skyline and Meadowbrook
community. Those efforts
led to an organized community association, and a reduction in
criminal activity” (San
Diego [CA] Police Department, 2012, para. 3). As with the COP
model, Problem Oriented
Policing increases integration of citizens, providing for
solidarity within the neighborhood.
Another program on the local level that brings together all
segments of the community to
build solidarity is the National Night Out program, “America’s
Night Out Against Crime”
(National Night Out, 2012). According to National Night Out
(2012), more than 37 million
people partook in the event in 2012, including “law enforcement
agencies, civic groups,
businesses, neighborhood organizations and local officials from
over 15,000 communities
from all 50 states, U.S. territories, Canadian cities and military
bases worldwide.”
The purpose of National Night Out is to “heighten crime and
drug prevention awareness;
generate support for, and participation in, local anticrime
programs; strengthen neighbor-
hood spirit and police–community partnerships; and send a
message to criminals letting
them know that neighborhoods are organized and fighting back”
(National Night Out,
2012). Law enforcement agencies and individual officers work
with neighborhood lead-
ers, through National Night Out, to promote neighborhood spirit
and police–community
partnerships, under the common goal of crime prevention.
A prominent feature of National Night Out is that there are no
financial obligations
required of communities and neighborhoods to participate, due
to partnerships between
the sponsoring organization, National Association of Town
Watch (NATW), and Tar-
get Corporation and law enforcement agencies (National Night
Out, 2012). As a result,
neighborhood and community leaders have the opportunity to
work with their local law
enforcement agencies to bring about neighborhood solidarity.
The Court System and Solidarity
The court system provides for solidarity through legal and
criminal procedures that are
provided to all defendants throughout the various stages of the
trial process, to ensure
that legal structures serve all citizens, regardless of the nature
of the crime or individ-
ual circumstances. As noted previously, the Fifth and Sixth
Amendments of the Bill of
Rights provide all citizens with certain procedural rights when
being processed in the
legal system, including the protection against self-
incrimination, with a right to have a
notification of charges, to have a speedy and public trial by an
impartial jury, to obtain
and cross-examine witnesses, and to have access to legal
counsel. Of most importance is
the requirement that states have a constitutional obligation to
ensure all citizens processed
through the legal system have access to counsel at all critical
stages of a criminal prosecu-
tion, including arraignments, preliminary hearings,
postindictment lineups, trials, and
sentencing hearings (Owen, et al., 2012).
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CHAPTER 9Section 9.2 Social Justice and Solidarity
The entire court system is guided
by a set of procedural laws that
protect all citizens, regardless of
the nature of the crime. Once an
individual is arrested and the
prosecutor deems the charges
worthy of further prosecution, the
defendant must be taken before a
judge within a specified time (for
example, within 72 hours for an
arrest with a warrant and 48 hours
for an arrest without a warrant)
for an initial appearance (Robin-
son, 2012). At this point, the state
will provide counsel, if required,
and the opportunity for bail. The
defendant is then brought back
to court for a preliminary hear-
ing, whereby probable cause to
hold the defendant for trial will be
determined. The preliminary hearing is the first of several
stages in the criminal process,
and it is at this time that probable cause to believe the
defendant committed the crime will
be determined by a magistrate or judge. If probable cause
exists, all defendants must be pro-
vided with either an indictment or an accusation, both formal
charging documents used to
bring the accused to trial (Robinson, 2012). In other words,
citizens are protected from arbi-
trarily being arrested and taken to trial without the prior
establishment of probable cause.
The defendant is then brought to court for arraignment, whereby
he or she will enter a
formal plea to the charges. A guilty plea has the same effect as
being convicted at trial;
however, the judge will take precautions to ensure that the
guilty plea is entered volun-
tarily and without coercion or promises. A not-guilty plea will
move the defendant to the
formal trial. Once the trial is imminent, the defendant has the
right and opportunity to file
pretrial motions, with the most important of those being
discovery, whereby the defen-
dant is allowed to obtain and review the evidence to be
presented by the prosecution. This
is another layer of protection for the defendant, regardless of
the nature of the crime or
possible punishment.
Again, the criminal justice system, and particularly the trial, is
based on the adversarial
process; the burden of proof to prove guilt is on the
prosecution, with guilt based on a
finding beyond a reasonable doubt. This inherent nature of the
adversarial process pro-
tects the defendant from shouldering the burden of proof. The
concept of double jeopardy
mentioned earlier in the chapter provides another layer of
defense.
moodboard/the Agency Collection/Getty Images
Among a defendant’s most important rights is the right to
legal counsel throughout all phases of a criminal prosecution.
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CHAPTER 9Section 9.2 Social Justice and Solidarity
Corrections and Solidarity
Many convicted offenders serve
their prison time in their local com-
munities, or at least within their
state of residence. This provides
an opportunity for the inmate
and his or her family to maintain
an active relationship, if they so
choose, thus maintaining the soli-
darity of the family.
Another aspect of family soli-
darity provided by correctional
systems is the creation of nurser-
ies within certain prison facili-
ties for women who are pregnant
at the time of incarceration and
will deliver the baby while incar-
cerated. Prison nurseries are a
“reemerging trend within correc-
tional facilities” (Women’s Prison
Association, 2009, p. 9). Many pro-
grams started in the last 15 to 20 years, as the female prison
population increased sharply
(Women’s Prison Association, 2009). There are currently nine
states that allow women in
prison to keep their newborn infants with them while
incarcerated (with Rikers Island in
New York being the only jail in the country with a nursery).
However, the women must be
incarcerated for a nonviolent offense and have no history of
child abuse or neglect (Wom-
en’s Prison Association, 2009).
The purpose of these nurseries is to allow for a bonding period
between mother and child,
thus encouraging the solidarity of the family. The duration of
time an infant may stay within
the confines of a correctional facility varies among states, from
30 days to 3 years, with the
average between 12 to 18 months. The capacity of the nurseries
also varies from 5 to 29
mother/child rooms, which are most often located in a separate
wing or unit, apart from the
general population. In addition to required parenting skills and
child development classes,
several facilities also require mothers without a high school
diploma to complete educa-
tional classes to obtain a GED. “Through these programs,
incarcerated mothers are able to
participate in support groups, gain support and information
about breastfeeding and learn
about infant growth and development” (Women’s Prison
Association, 2009, p. 10).
To restore the solidarity of the inmate with his or her
community, many state departments
of corrections are actively engaged in providing various forms
of reentry services for
inmates with impending parole. This includes equipping inmates
with the skills necessary
to be productive members of their families and communities,
and connecting inmates with
services and resources that will both meet their needs and
support their transition back to
their respective communities (Robinson, 2012). The overriding
premise is enhancing safety
within the community by reducing the opportunity and desire to
commit future offenses.
Most reentry programs provide specific vocational and
education training programs,
in an effort to help inmates get jobs and thus decrease
recidivism (Robinson, 2012). For
MICHAEL ROUGIER/Time & Life Pictures/Getty Images
Local jails and state prisons allow offenders to serve their
time closer to home in order to maintain relationships with
their friends and family.
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CHAPTER 9Section 9.2 Social Justice and Solidarity
example, reentry programs in Georgia include training in auto
body repair, carpentry,
computer technology, construction, cosmetology, culinary arts,
graphic arts, masonry, the
service industry, and welding (Georgia Department of
Corrections, 2012). By providing
job skills that allow for gainful employment once released from
prison, the inmate is better
equipped to become a productive member of the community,
thus reconnecting with the
community and bringing closure to the hole formed when the
inmate was incarcerated.
In many states, reentry programs are conducted at transitional
centers, whereby the
inmates are gradually reintegrated into the community.
However, many transitional cen-
ters are small, and thus the limited bed space does not allow for
a large influx of parolees.
To counter this problem, many state prisons have created “in-
house” transitional dormi-
tories on the prison grounds that allow inmates within 12
months of their release to be
isolated from general population so they can participate in
intensive training, education,
and substance abuse treatment (Robinson, 2012).
In addition to state reentry programs, inmates in federal prison
who are nearing their
release on parole (approximately 17–19 months) may be eligible
for placement in a residen-
tial reentry center, or halfway house. The residential reentry
centers “provide a safe, struc-
tured, supervised environment, as well as employment
counseling, job placement, financial
management assistance, and other programs and services” and
help inmates “gradu-
ally rebuild their ties to the community and facilitate
supervising ex-offender’s activities
during this readjustment phase” (Federal Bureau of Prisons,
2012b, para. 3). Inmates are
monitored 24 hours per day, and are required to gain
employment within 15 days and to
complete substance abuse and mental health treatment if
needed. The reentry programs
provide “an opportunity for inmates to assume increasing levels
of responsibility, while at
the same time providing sufficient restrictions to promote
community safety and convey
the sanctioning value of the sentence” (Federal Bureau of
Prisons, 2012b, para. 9).
Nonsolidarity and the Criminal Justice System
The criminal justice system func-
tions mostly at the local level, in
communities across the United
States. There are many programs
within the various components
of the criminal justice system
that focus on creating solidarity
with local and community citi-
zens. Although these programs
are effective, and many commu-
nities have a positive relationship
with their local criminal justice
agencies and personnel, there are
many issues that result in a lack
of solidarity between the crimi-
nal justice system and commu-
nity citizens.
Thomas Northcut/Lifesize/Thinkstock
Nonsolidarity means inconsistency in making decisions and
handling situations, which may result in not going in the
right direction.
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CHAPTER 9Section 9.2 Social Justice and Solidarity
Nonsolidarity and Law Enforcement
Law enforcement officers are charged with maintaining order,
protecting citizens, and
apprehending criminals. A major aspect of the duties of law
enforcement officers is the
use of discretion, discussed in Chapter 8. For example, when an
officer stops a motorist to
conduct a traffic stop for speeding, the officer has the discretion
to issue a traffic citation
or to issue a warning.
Discretion also means that many factors go into decisions made
by law enforcement offi-
cers. In the previous example, the officer will make the decision
to issue a speeding citation
or warning based on numerous factors—i.e., the actual speed,
the road and weather condi-
tions, traffic conditions such as construction zones, the
motorist’s reason for the excessive
speed, the motorist’s demeanor toward the officer, etc. In
addition, local and state statutes
also guide officer discretion. Although discretion is a major part
of law enforcement, it
may result in inconsistent treatment of offenders (Reid, 2001).
This can hinder community
solidarity and can actually create a negative atmosphere and
relationship between law
enforcement agencies/officers and those whom they serve.
For example, prior to 2010 in the state of Georgia, in order to
be charged with driving with
a suspended license, the law required that the driver must have
been notified that his or
her license had been placed in suspension. After that
notification, if the individual was
stopped while driving, with the knowledge that his or her
license was suspended, the
officer would arrest the driver on the spot. In 2010, Georgia
Code § 40-5-121 was changed
to allow an increase in officer discretion to make or not make
an arrest, with or without
the prior notification of the suspension of the driver license. In
other words, the statute
removed the requirement that the driver must first be notified of
a suspension of the
driver license before an arrest can be made.
Although the new provision provides an increase in officer
discretion, it also provides an
increase is the inconsistency of handling offenders, thereby
decreasing solidary within
the community. If an officer works within a particular zone or
beat, particularly under the
Community Oriented Policing (COP) model, then he or she gets
to know the citizens of
the community. This new increase in discretion can become a
hindrance to the solidarity
of the community if the officer is then seen as using discretion
in some cases and not oth-
ers, and more specifically, if the law enforcement agency
supports such practices.
To counter the negative impact of this type of discretion,
officers can be educated on how
their decisions impact those they serve. Officers need to be
aware that although discretion
is part of their everyday duties, these decisions do have an
impact on how they are viewed
by the community. Although it is not feasible to provide a
citation or make an arrest of every
individual with whom they come into contact, being consistent
and fair in their discretion
will result in a more positive relationship with the community—
thus creating solidarity.
Nonsolidarity and the Court System
The trial process in the court system is of major interest for
both the offender and the
victim. It is the time when the offender has the opportunity to
see and hear evidence pre-
sented against him or her and to present a defense to the
charges. It is also the time when
the victim, through the prosecution, has the opportunity to make
the case that the offender
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CHAPTER 9Section 9.2 Social Justice and Solidarity
committed a crime and inflicted harm, and thus is in need of
punishment. However, many
victims do not get the opportunity to have their day in court. If
a victim is deemed to be
an ineffective witness, the prosecutor may be reluctant to put
the victim on the stand to
testify. On the other hand, if the victim is deemed to be an
effective and powerful witness,
the defense will likely opt for a plea bargain agreement.
Plea bargaining is “the process of negotiation between the
defense and the prosecution
. . . [that] may involve reducing or dropping some charges or a
recommendation for leni-
ency in exchange for a plea of guilty on another charge or
charges” (Reid, 2001, p. 181). In
addition, all plea agreements must be agreed to by the
prosecutor, defense counsel, and
defendant (Owen, et al., 2012). “Plea bargaining dominates the
modern American criminal
process. Upwards of 95% of all state and federal felony
convictions are obtained by guilty
plea” (Covey, 2008, p. 1238). Consequently, very few criminal
cases actually go to trial.
For the victim, this can create feelings of abandonment and
seclusion, as the victim is
typically not involved in plea bargain negotiations. The criminal
trial is an important part
of the criminal justice system for the victim, yet only a select
few are granted the oppor-
tunity. Although several jurisdictions allow a victim limited
participation in the actual
plea negotiations, victims do not have a right to veto the
agreement. In addition, unlike
the offender who has a Sixth Amendment right to a speedy and
public trial, the victim
has no constitutional rights to any participation in the trial. And
because the plea bargain
generally yields a lesser sentence than could possibly be
obtained from a conviction at
trial, victims may believe justice is not served. As a result,
victims may experience a lack
of solidarity with the court system, as well as with other
criminal justice personnel and
perhaps with the community as a whole. This is especially true
when family and the com-
munity do not completely support the victim.
To create a sense of solidarity within the court system for the
victim, changes would need
to occur. For example, allowing the victim to have a voice in
plea bargain negotiations
may be a start. Victims have interests in the case that go beyond
revenge, and participa-
tion in plea bargain negotiations can protect those interests
(Starkweather, 1992). In other
words, the victim could be brought into plea negotiations
without negatively impacting
the process, providing a positive experience for the victim, and
thus creating solidarity.
Another change that would more significantly impact the
process is to allow victims the
opportunity to veto a plea, requiring the prosecutor to take the
case to trial. Although this
could affect the overall court system, it could be used in limited
cases; for example, those
involving serious felonies or DUI cases, in which the victim
would greatly benefit from
being able to be heard in court.
Nonsolidarity and Corrections
Overcrowding is a major issue in all levels of corrections, from
local jails to federal cor-
rection institutions. Because more correctional institutions and
facilities are experiencing
overcrowding every day, the result is that many offenders are
now being confined to
facilities not in the regional jurisdiction in which they live. This
negatively impacts the
solidarity of the family and community.
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CHAPTER 9Section 9.3 Social Justice and Human Rights
For example, an offender commits and is convicted of a felony
in his hometown. Due to
overcrowding in area state prisons, the inmate is sent to a
correctional institution located
on the other side of the state. In certain states, this could
involve a day’s drive from the
inmate’s hometown. As a result, the inmate’s family may not
have the resources to maintain
a consistent relationship with the inmate while he is
incarcerated, meaning fewer visits and
personal contacts. This can further diminish the already strained
solidarity of the family.
In addition, this can negatively impact the inmate’s return to the
community. Because the
overcrowding issue requires the inmate to serve time in another
community, the ability to
participate in a reentry program, if available, could be
diminished because those opportu-
nities will be given to those inmates returning to that particular
community. Reentry pro-
grams are typically geared toward assistance in reconnecting
with family and providing
an opportunity to secure gainful employment upon release. This
is difficult and perhaps
not feasible for those inmates who seek to reconnect with
family and community in far
away jurisdictions.
It is important to take family and community solidarity into
consideration when deter-
mining the placement of inmates within correctional facilities.
Although it may not always
be feasible to keep an inmate within a reasonable distance of his
or her family and com-
munity, all efforts should be made to ensure that at least a
reentry program is available for
that inmate. Any and all efforts should be made to provide a
smooth transition back into
the family and community in order to facilitate solidarity.
9.3 Social Justice and Human Rights
According to Rawls (2003, p. 13), “a just world order is perhaps
best seen as a society
of peoples, each people maintaining a well-ordered and decent
political (domestic)
regime, not necessarily democratic but fully respecting basic
human rights.” There are
many human rights that are relevant to the criminal justice
system, including equality
before the law; the presumption of innocence until proven guilty
by independent and
impartial tribunals; freedom from torture or cruel, inhumane, or
degrading punishment;
freedom from arbitrary arrest, detention or exile; freedom from
arbitrary interference with
privacy; and freedom from discrimination (Robinson, 2010).
Miller (2003) argues that human rights play a significant role in
social justice theory. “A
central element in any theory of justice will be an account of
the basic rights of citizens,
which will include rights to various concrete liberties, such as
freedom of movement and
freedom of speech,” meaning “an extensive sphere of basic
liberty is built into the require-
ments of social justice” (Miller, 2003, p. 13).
Law Enforcement and Human Rights
According to the Office of the United Nations High Commission
for Human Rights’s Code
of Conduct for Law Enforcement Officials (2012, para. 6), “In
the performance of their duty, law
enforcement officials shall respect and protect human dignity
and maintain and uphold
the human rights of all persons.” In essence, this means that law
enforcement officers,
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CHAPTER 9Section 9.3 Social Justice and Human Rights
whether local, state, or federal, have the duty to protect the
human rights of all individu-
als, including those who have committed a crime. As such, law
enforcement agencies have
placed similar statements in their codes of conduct and codes of
ethics to ensure that offi-
cers protect the human rights of all individuals with whom they
come into contact.
As with equality and solidarity, the U.S. Constitution includes
provisions for law enforce-
ment officers to ensure the protection of human rights, through
due process and equal
protection clauses. In addition, the federal government created
several federal statutes
that protect individuals from violations of human rights by law
enforcement officers, and
provides remedies for violations.
Title 18, Section 242 addresses deprivation of rights while
acting under the color of law,
meaning a person who has a legal authority granted by a
government body is acting
within the scope of that legal authority (i.e., a law enforcement
officer acts under the color
of law when making a valid arrest). Under Section 242:
Whoever, under color of any law, statute, ordinance, regulation,
or custom,
willfully subjects any person in any State, Territory,
Commonwealth, Pos-
session, or District to the deprivation of any rights, privileges,
or immuni-
ties secured or protected by the Constitution or laws of the
United States,
or to different punishments, pains, or penalties, on account of
such person
being an alien, or by reason of his color, or race, than are
prescribed for the
punishment of citizens, shall be fined under this title or
imprisoned not
more than one year, or both.
While Section 242 provides for criminal sanctions against the
offending law enforcement
officer, Title 42, Section 1983 provides civil actions for
deprivation of rights:
Every person who, under color of any statute, ordinance,
regulation, cus-
tom, or usage, of any State or Territory or the District of
Columbia, subjects,
or causes to be subjected, any citizen of the United States or
other person
within the jurisdiction thereof to the deprivation of any rights,
privileges,
or immunities secured by the Constitution and laws, shall be
liable to the
party injured in an action at law, suit in equity, or other proper
proceeding
for redress, except that in any action brought against a judicial
officer for
an act or omission taken in such officer’s judicial capacity,
injunctive relief
shall not be granted unless a declaratory decree was violated or
declara-
tory relief was unavailable. For the purposes of this section, any
Act of
Congress applicable exclusively to the District of Columbia
shall be con-
sidered to be a statute of the District of Columbia.
Through these federal statutes, law enforcement officers are
bound by law to protect the
human rights of all individuals, without discrimination. As
noted above, law enforcement
agencies, on all levels, have implemented these provisions into
their codes of conduct that
provide an additional layer of protection.
Law enforcement officers and agencies also promote human
rights through assistance to
victims of crime, with the idea of promoting the victims as
humans, and of ensuring that
their dignity is respected. For example, states have created
versions of a Victim’s Bill of
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CHAPTER 9Section 9.3 Social Justice and Human Rights
Rights. One provision of the Georgia Crime Victims’ Bill of
Rights is “the right to be treated
fairly and with dignity by all criminal justice agencies involved
in the case” (Official Code
of Georgia Annotated [OCGA], 1995). In Georgia, law
enforcement officers on the local
and state level are required by law to provide all victims of
crime, regardless of situation,
with a copy of the Georgia Crime Victims’ Bill of Rights.
Providing the victim with a bill of
rights gives her or him a meaningful opportunity to exercise
these rights (Robinson, 2012).
As law enforcement officers are the initial criminal justice
system contact for victims, it is
essential that these officers provide all victims of crime with
assistance and compassion
and ensure that all victims are shown respect.
The Court System and Human Rights
The court system is in the unique position of providing human
rights during the most
important phase of the criminal justice system—the
determination of guilt or innocence.
The recognition of fairness and justice is essential to ensuring
that all individuals pro-
cessed in the legal system are treated with dignity and respect.
A harsh reality of the criminal justice system is that numerous
criminal defendants have
larger social and psychological issues than can be addressed in
the traditional criminal
court. Judges, prosecutors, and defense attorneys have
recognized that many individuals
require a less strict and indifferent trial process, one that can
address certain mitigating
factors related to criminal behavior. As such, specialty courts
have been created to handle
specific cases and individuals where those mitigating factors
have contributed to the
criminal behavior. “Specialty courts handle cases where the
defendant suffers from an
underlying problem and will benefit from services directed
toward solving that problem”
(Pretrial Justice Institute, 2012, para. 1). Most of these
specialized courts are part of a trend
of community-based programs that target the root causes of
criminal behavior, rather than
simply determining the guilt or innocence of a defendant.
One such development is that of
drug courts, discussed in Chapter
8, which provide a more caring
and compassionate approach to a
criminal defendant who has a drug
dependency or addiction. “The
concept of the drug court is unique
in that it creates a courtroom
partnership centered on provid-
ing rehabilitation that is individu-
alized to meet each offender’s
needs,” something that is not pos-
sible in the traditional criminal
court (Owen, et al., 2012, p. 366).
Another specialty court that goes
beyond what is available in a
traditional criminal court is the
Don Seabrook/ASSOCIATED PRESS/AP Images
Drug courts provide an option for rehabilitation, specially
catering to each offender’s specific needs.
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CHAPTER 9Section 9.3 Social Justice and Human Rights
mental health court, which is designed to address the needs of
offenders identified as hav-
ing some type of mental illness. “The mentally ill are
overrepresented in the criminal jus-
tice system and often do not have access to the services they
need, which can exacerbate
offending” (Owen, et al., 2012, p. 287). Similar to drug courts,
offenders in mental health
courts are monitored through regular appearances before a
judge, and the result is a more
compassionate approach to those offenders with special needs.
Domestic violence is an issue that involves numerous factors,
many unique to the indi-
vidual circumstances of the domestic relationship. “Domestic
violence cases involving
spouses and other intimate partners often entail complex
processes that require careful
consideration by the criminal justice system” (National Institute
of Justice, 2012, para. 1).
As such, domestic violence courts have been developed
for judges to ensure follow-through on cases, aid domestic
violence vic-
tims, and hold offenders accountable, with the assistance of
justice and
social service agencies. By specializing in domestic violence
offenses, these
courts aim to process cases more efficiently and deliver more
consistent
rulings about domestic violence statutes. (National Institute of
Justice,
2012, para. 1–2)
All of these courts and special processes used in the legal
system recognize that many
criminal defendants need specialized attention to address the
underlying causes of their
criminal behavior. At the core of all of these specialized courts
is the judge, who provides
a strong focus on rehabilitation and deterrence.
Corrections and Human Rights
A major aspect of corrections is the enforcement of punishment
to an individual who has
been convicted of a crime. Although retribution is one of the
basic premises on which pun-
ishment is inflicted, an individual does not become less of a
human being because of the
commission of a crime. It can be a basic human instinct to
inflict comparable pain on those
who have inflicted pain on us; however, human rights require
that individual dignity and
humane treatment be at the forefront of any punishment given
by the state.
To provide fair and just punishment, especially for first-time
offenders and those who
have committed relatively minor offenses, numerous alternate
sanctions, under the name
of restorative justice, have been developed. Many of these
alternative sanctions require
the offender to take responsibility for his or her actions and to
make amends and rep-
arations to the victim and community. These sanctions are
viewed as more restrictive
than traditional probation, but less punitive than traditional
incarceration. In keeping the
offender out of prison, alternative sanctions are deemed to
instill more humane and just
punishment for these specific offenders. In other words,
restorative justice is seen “as an
alternative to destructive forms of imprisonment and a means in
which offenders can be
healed or rehabilitated,” as well as “an alternative to costly
forms of imprisonment and as
a means to ensure that offenders are made to account to victims
and communities often
through tangible forms of reparation” (Roach, 2000, p. 253).
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CHAPTER 9Section 9.3 Social Justice and Human Rights
Day reporting centers, which began operating in the early
1970s, are a form of alternative
sanction “used primarily for those offenders with substance
abuse problems and who
need social skills training” (Jones & Connelly, 2001, pp. 4–5).
Because not all jails and pris-
ons provide adequate substance abuse and treatment programs,
these centers are viewed
as providing a more just punishment for offenders with
substance abuse issues because
the available programs can directly target the abuse. “Programs
at these centers include
adult basic education, cognitive restructuring, community
service, employment enhance-
ment, intensive supervision, and substance abuse counseling”
(Robinson, 2012, p. 164). In
addition, being sentenced to a day reporting center “empowers
the individual offender”
by providing literacy courses, GED preparation, and anger
management classes (Jones &
Connelly, 2001, p. 5).
Similar to the day reporting center is the halfway house, a
community-based facility which
“provides various educational and counseling programs in a
setting that is more homelike
and has greater freedoms than a prison or jail” (Owen, et al.,
2012, p. 365). Although the
programs offered are similar, inmates live at the halfway house,
whereas the day report-
ing center requires only a daily visit.
Correctional systems also provide for basic human needs
through medical and dental
programs, as well as mental health and psychological
counseling. Inmates, as humans,
are entitled to have, at minimum, basic healthcare and
provisions for advanced care of
chronic or acute medical conditions, such as cardiovascular
disease and diabetes. An
additional provision to this level of care is to provide healthy
diets—as well as nutrition
education—for all inmates, regardless of medical condition.
However, due to the close
and constant interaction between inmates and correctional staff,
provisions are also made
for a healthy living environment, which include an emphasis on
clean air and safety in
living and work areas (Federal Bureau of Prisons, 2012a).
In addition, female inmates are
provided with additional ser-
vices related to pregnancy and
childbirth. As discussed earlier in
the chapter, several states allow
chosen mothers convicted of
nonviolent offenses to live with
their infants within the confines
of the correctional facility for an
average time of 12–18 months.
Mother–child bonding is deemed
an essential element to establish-
ing a healthy relationship, one
that can hopefully continue upon
the mother’s release from prison.
Other medical and psychologi-
cal issues related specifically to
female inmates are also provided
to ensure that dignity, respect, and
human rights are upheld, even in
the harshest of conditions.
Bettmann/Bettmann/Getty Images
Some prisons allow nonviolent female offenders to care
for their babies for a period of time postpartum so that the
mother is able to bond with the child, thus increasing the
likelihood of family solidarity in the future.
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CHAPTER 9Section 9.3 Social Justice and Human Rights
Human Rights Violations by the Criminal Justice System
In America, all citizens “are endowed by their Creator with
certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness”
(Declaration of Indepen-
dence, 1776). The Founding Fathers asserted that human rights
were a given, something
embodied in all citizens. However, it must also be asserted that
individual biases, preju-
dices, and emotions have an effect on one’s ability to uphold or
violate those rights.
Human Rights Violations by Law Enforcement
Law enforcement officers are the first contact in the criminal
justice system. This initial
contact sets the tone for the rest of the system, providing either
a positive or a nega-
tive perception and experience. Since law enforcement officers
have great latitude in dis-
cretion, how they handle and process suspects, victims, and
witnesses can have a huge
impact on these individuals, and subsequently, on the
community.
Police brutality has existed for as long as law enforcement
itself, but over the years, more
and more statutes have limited the amount and type of force that
may be used by officers.
Even though limitations are present, there are still examples of
violations of human rights
by law enforcement officers across the country, with several
instances emerging as major
cases, spotlighting the tremendous power and control officers
can yield.
For example, several highly publicized cases of police brutality
and misconduct occurred
in the 1990s. In Los Angeles, California, in 1991, Rodney King
became the personifica-
tion of police brutality. King, an African American, was 25 at
the time and was severely
beaten by four white City of Los Angeles police officers. The
beating included being tased,
kicked, and hit in the head with nightsticks, causing multiple
skull fractures, injuries to
his neck, legs, and kidneys, and some brain damage. The four
officers were charged and
tried in state court for assault with a deadly weapon and
excessive force. All were acquit-
ted of the charges. The reactions by Los Angeles citizens to the
verdicts included looting
and rioting, during which time 45 people were killed as a direct
result of the rioting. In a
separate trial in federal court, all four officers were tried for
violating King’s civil rights.
Two officers were again acquitted, while the other two officers
were found guilty and sen-
tenced to 2.5 years in prison (Reid, 2001).
The State of New York also witnessed two high profile cases of
police misconduct and
excessive use of force. In 1999, four white New York City
police officers were acquitted
in the shooting death of Amadou Diallo, an immigrant from
Guinea. The four officers,
dressed in plain clothes, suspected Diallo could be a wanted
serial rapist and approached
him as he stood in the doorway of his apartment building. As
they identified themselves,
Diallo pulled a wallet from his coat pocket. Upon doing so, the
officers believed it to be a
gun and opened fire, shooting a total of 41 times, 19 of which
hit Diallo. Although it was
revealed that Diallo was in fact unarmed at the time of his
death, all four officers were
acquitted of second-degree murder and reckless endangerment
charges (Reid, 2001).
Just two weeks after the verdict in the Diallo trial, New York
City police officer Justin
Volpe pled guilty to sodomizing Abner Louima, a Haitian
immigrant, with a stick at a
police stationhouse in 1997 and threatening to kill him if he
reported the incident. Volpe
received a 30-year sentence without parole, with other
participating officers receiving var-
ious sentences for additional charges.
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CHAPTER 9Section 9.3 Social Justice and Human Rights
All three of these incidents show the most severe actions that
can be taken by one person
against another. And even though these types of cases receive
national and international
attention, and are not the norm in law enforcement, any human
rights violations of this
magnitude should never occur. “Although only a minority of
police officers may be guilty of
misconduct, any misconduct is serious and should be subject to
discipline. Policies and pro-
grams should be developed to avoid as much misconduct as
possible” (Reid, 2001, p. 109).
Ways in which the potential for human rights violations can be
decreased include educa-
tion and training in interpersonal communications, use of force
alternatives, increased
supervision of patrol officers, and sensitivity training. Training
should occur on at least a
yearly basis to ensure that all officers, as well as administrators,
are aware of new statutes
and policies, as well as new techniques in dealing with citizens,
to guarantee that all those
who come in contact with law enforcement are treated with
dignity and respect.
Human Rights Violations by the Court System
The court system is charged with determining the guilt or
innocence of a defendant, and
with doing so in a fair and judicious manner. Research indicates
that the court system
is adept at processing defendants, as less than 8% of criminal
convictions are reversed
on appeal (Neubauer & Fradella, 2011). However, even with the
effective processing of
defendants through trial, one punishment in the court system
stands in stark contrast to
the protection of human rights—the death penalty.
Currently, 33 states allow executions for those convicted of
murder. The proponents of the
death penalty argue that it deters crime, achieves justice,
prevents criminals from commit-
ting additional crimes while on parole, and is less expensive
than maintaining offenders
in prison for life. Opponents of the death penalty argue that
there is no conclusive evi-
dence that it deters crime and that it is wrong for the state to
take the life of its citizens.
They also argue that the death penalty is applied in a
discriminatory manner, and that
innocent people have been put to death through its use (Clear,
Cole, & Reisig, 2013).
The basic issue with the death penalty centers on the Eighth
Amendment’s protection
against cruel and unusual punishment. Is it a violation of this
basic fundamental right if
the government takes a life? To go even further, should a
distinctly fatalistic punishment be
allowed if there is a possibility that an innocent person could be
subjected to that punish-
ment? Probably the most widely identified case involving the
possible execution of an inno-
cent person is that of Cameron Todd Willingham, executed in
Texas in 2004 for the murder
of his children by arson. After his execution, forensic experts
concluded that the evidence
did not support the conclusion that Willingham started the fire
(Clear, Cole, & Reisig, 2013).
“In recent years, courts, governors, and legislatures in many of
the death penalty states
have acted to abolish or limit executions” (Clear, Cole, &
Reisig, 2013, p. 515). The decline
in support has come about mostly because of the 138
exonerations of death row inmates
since 1973. The U.S. Supreme Court has also shifted its focus
on the death penalty since
it reinstated the punishment in Gregg v. Georgia in 1976. In the
first decade of the 21st
century, the Court made three landmark decisions. In Atkins v.
Virginia (2002), the Court
ruled that the execution of a mentally retarded defendant was
unconstitutional. In Ring v.
Arizona (2002), the Court ruled that juries, rather than judges,
must make the decision to
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CHAPTER 9Section 9.3 Social Justice and Human Rights
impose the death penalty. In Roper v. Simmons (2005), the
Court ruled that it is unconstitu-
tional to impose the death penalty on a defendant who was
under the age of 18 (a juvenile)
when the crime was committed (Clear, Cole, & Reisig, 2013).
In order to remove any violations of human rights in the state
execution of inmates, the
death penalty must be abolished completely. The criminal
justice system, and by virtue
the court system, is not exact. Mistakes, however unintentional,
are made, simply because
the system is processed by humans. Until the death penalty is
completely abolished, there
will remain the possibility for human rights violations. Even if
only one innocent person
is executed, that one person was made to suffer the most
egregious violation of all human
rights—the undeserved loss of life.
Human Rights Violations
by Corrections
Inmates in correctional institu-
tions and facilities are held behind
fences and closed doors, unseen
by the public and community for
most of their confinement. Conse-
quently, most of the public does
not know what goes on behind the
facility’s closed doors. “A fact of
life in many institutions is unau-
thorized physical violence by offi-
cers against inmates” (Clear, Cole,
& Reisig, 2013, p. 286). Many cor-
rectional officers believe that to
maintain control in this confined
setting and among some of the
worst criminal offenders, they
must show a willingness to exert
physical force whenever neces-
sary. As a result, “in some institutions, authorized ‘goon
squads’ comprising physically
powerful officers use their muscle to maintain order” (Clear,
Cole, & Reisig, 2013, p. 286).
In some instances, the show and use of brute force by
correctional officers leads to human
rights violations. Because inmates are confined and not free to
leave, officers are in a unique
position to use force without the fear of retaliation or
punishment. California State Prison
at Corcoran has become synonymous with prison-guard
brutality. From 1989 to 1995, dur-
ing what has been called the “gladiator days,” seven inmates
were killed and 43 inmates
wounded by correctional officers using assault weapons to stop
fighting between gang
members. This constituted the most inmates killed in any
American prison. What made
the killings worse was the fact that guards actually initiated
fights between rival gang
members. In the end, however, the shootings were justified by
state-appointed investiga-
tors (Clear, Cole, & Reisig, 2013).
iStockphoto/Thinkstock
Because the public is not able to see what goes on behind
the closed doors of correctional institutions, violations of
prisoners’ human rights are likely.
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CHAPTER 9Questions for Critical Thinking
Another example of allegations of human rights violations of
inmates occurred in 2004
when U.S. military personnel at Abu Ghraib were accused of
mistreating Iraqi prison-
ers. Pictures were released showing detainees being humiliated
by being paraded naked
and placed in sexually humiliating poses, while other
allegations included beatings and
threats of rape. Although these cases seem extreme, some have
argued that conditions in
U.S. prisons are not much different, with unknown numbers of
inmates being “ill-treated,
whether by officer brutality, neglect of medical needs, or
administrative failure to prevent
violent victimization” (Clear, Cole, & Reisig, 2013, p. 286).
Inmates do not lose their rights to humane treatment when they
pass through jail or
prison doors. Although correctional institutions may be cold and
harsh environments,
correctional officers need to understand that inmates are human
beings, and should be
treated with respect. Of course, officers are expected to enforce
rules to maintain order,
but that enforcement must be aligned with department and
institution policies and proce-
dures, and must include a respect for human dignity. Education
and training must occur
on a continual basis in order to ensure that all officers are
current on the most appropriate
ways to effectively manage inmates while maintaining order and
control.
Chapter Summary
The criminal justice system as a whole, and criminal justice
practitioners individually,
are in a unique position to have both positive and negative
influences on individual
lives. It is imperative that criminal justice practitioners,
throughout law enforcement,
courts, and corrections, understand their impact on the citizens
they serve, while striv-
ing to ensure that all citizens are treated with respect and
dignity, and that all citizens are
valued as human beings.
Questions for Critical Thinking
• Explain the concept of equality. What are some examples of
how the criminal
justice system provides equality for citizens? What are some
examples of how the
criminal justice system hinders equality for citizens?
• Explain the concept of solidarity. What are some examples of
how the criminal
justice system provides solidarity for citizens? What are some
examples of how
the criminal justice system hinders solidarity for citizens?
• Explain the concept of human rights. What are some examples
of how the
criminal justice system provides individual human rights for
citizens? What are
some examples of how the criminal justice system hinders
individual human
rights for citizens?
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CHAPTER 9Key Terms
Web Links
Women’s Prison Association:
http://www.wpaonline.org/
Commission on Accreditation for Law Enforcement Agencies:
http://www.calea.org/content/commission
National Night Out:
http://www.nationaltownwatch.org/nno/about.html
Center for Economic and Social Justice:
http://www.cesj.org/thirdway/economicjustice-defined.htm
Office of the United Nations High Commissioner for Human
Rights:
http://www.ohchr.org/EN/Pages/WelcomePage.aspx
Key Terms
color of law When a person who has a
legal authority granted by a government
body acts within the scope of that legal
authority (i.e., a law enforcement officer
affecting a legal arrest).
Due Process Clause A provision in the
Fourteenth Amendment that makes most of
the criminal procedural rights contained in
the Bill of Rights applicable to the states, in
an effort to ensure fairness under the law.
Equal Protection Clause A provision in
the Fourteenth Amendment that requires
states to provide equal protection under
the law, without discrimination.
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http://www.wpaonline.org/
http://www.calea.org/content/commission
http://www.nationaltownwatch.org/nno/about.html
http://www.cesj.org/thirdway/economicjustice-defined.htm
http://www.ohchr.org/EN/Pages/WelcomePage.aspx
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resale or redistribution.
2
Typical Sections of a Research Paper
Learning Objectives
After reading this chapter, you should be able to:
• Outline the general structure of a social and criminal justice
research paper, and dis-
cuss the content included in each section.
• Demonstrate the necessary attention to detail with the
supplemental materials pre-
sented throughout the paper (figures and tables) and at the end
of an APA-formatted
paper (references and appendix), and be able to create a
references section.
Clerkenwell/The Agency Collection/Getty Images
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CHAPTER 2Section 2.1 Overview of a Research Paper
The CRJ 422 Capstone project (research paper) can be described
as research review
because it presents and evaluates previously published research.
In the research paper,
the researcher will present a thesis statement and provide a
review of previous literature
and studies on the topic. However, researchers are also engaged
in original research, con-
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
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Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
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Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
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Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
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Running Head Annotated bibliography   1Annotated bibliogr.docx
Running Head Annotated bibliography   1Annotated bibliogr.docx
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Running Head Annotated bibliography 1Annotated bibliogr.docx

  • 1. Running Head: Annotated bibliography 1 Annotated bibliography 4 Annotated Bibliography Robert Ponton Professor Ramsey CRJ422: Criminal Justice Capstone 10/28/2022 Rofiq, A., Disemadi, H. S., & Jaya, N. S. P. (2019, December). Criminal Objectives Integrality in the Indonesian Criminal Justice System. In Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan (Vol. 19, No. 2, pp. 179-190). According to this article, each component of the criminal justice system, from its substance to its structure to its legal
  • 2. culture, must work together to accomplish the system's full potential. Because of this, it is crucial that the three components of Indonesia's criminal justice system work together harmoniously so that legitimate law enforcement can proceed with confidence in the legitimacy of the rulings made. Laws will always be biased against the poor and favor the wealthy unless this policy is implemented. This research examines the impact of the integrality of criminal intentions on Indonesia's criminal justice system. This study uses a normative juridical approach to show how the many parts of the criminal justice system—the police, the prosecutors, the courts, and the prisons—all work together to achieve the goals set forth by the numerous statutes that establish them. The full extent of the pandemic's influence on the American criminal justice system will become apparent as time goes on. These systems will keep on producing both routine and pandemic data for the time being. Research based on these statistics will help define disaster preparedness for years to come, making it of critical importance to the future of the criminal justice system. Researchers who want to use data from the criminal justice system at this time should be aware of several potential data constraints, however. This essay concludes with a consideration of four guidelines that academics should take into account when using data collected during the epidemic, regardless of the area of criminal justice they intend to examine. Jamal, T., & Higham, J. (2021). Justice and ethics: towards a new platform for tourism and sustainability. Journal of Sustainable Tourism, 29(2-3), 143-157. Justice has emerged as a crucial principle to govern the growth and direction of the tourism industry in these times of turmoil and uncertainty. People everywhere are searching for ways to right the wrongs they've suffered at the hands of the powerful, whether those wrongs date back centuries or are more recent
  • 3. inventions. This special issue provides a variety of theoretical and empirical insights regarding the intersection of justice and tourism as a response. Considering the nascent nature of theory development in the tourist industry, academics would do well to investigate the various disciplinary and interdisciplinary approaches being taken to the study of theories of justice. Social justice, equity, and rights; inclusivity and recognition; sustainability and conservation; well-being, belonging, and capacities; post humanistic justice; and governance and participation are all discussed in this paper as evolving principles and approaches to justice and tourism. We achieve this by outlining the many topics and ideas related to "just" tourism that need immediate and thorough academic consideration. Fortunately, there is a new methodological foundation forming in the field of justice and ethics that might serve as a beacon for the tourist and sustainability industries. Insights and direction towards this topical and vital research agenda are provided in this special issue. Almqvist, J. (2006). The impact of cultural diversity on international criminal proceedings. This article examines how cultural diversity affects international criminal processes and what can be done to alleviate the negative outcomes that arise as a result, such as a lack of mutual understanding, estrangement, and conflict. If any one of these prerequisites isn't met, international criminal tribunals lose not just their ability to provide justice to those who need it (the accused, witnesses, and victims) but also their value in the eyes of those who are intended to benefit from them (the affected populations). To date, international criminal tribunals have mainly viewed the issue of cultural variety through the lens of language diversity. Focusing just on language, however, obscures disparities in socio-cultural norms and views about justice, both of which are crucial to their work. These variants are very challenging to address. This article considers whether national courts, which are generally thought to operate in more culturally homogeneous environments,
  • 4. provide more appropriate fora of adjudication of grave crimes under international law. Arbour, L. (2007). Economic and social justice for societies in transition. NYUJ Int'l L. & Pol., 40, 1. Considering Beck's 'risk society' concept, risk has been generally seen negatively in social theory and critical criminology. However, the author of this research contends that such concerns are unwarranted. The political climate shapes many of the objects of criticism, and risk is an incredibly malleable governmental technology. All other methods of security have been negatively framed by the same context. Strategies for reducing the potential for harm caused by drugs hold great promise for bridging the gap between risk and security, and more generally, issues of social justice. However, the same issues that plague oversimplifying risk-based security also plague abstract requests for harm minimization security. This study argues that a government analyst may help us build a strategic understanding of risk by analyzing current practices (such damage minimization and restorative justice) and then utilizing that analysis to design new experiments in these areas of policy. References Arbour, L. (2007). Economic and social justice for societies in transition. NYUJ Int'l L. & Pol., 40, 1. Almqvist, J. (2006). The impact of cultural diversity on international criminal proceedings. Jamal, T., & Higham, J. (2021). Justice and ethics: towards a new platform for tourism and sustainability. Journal of Sustainable Tourism, 29(2-3), 143-157.
  • 5. Rofiq, A., Disemadi, H. S., & Jaya, N. S. P. (2019, December). Criminal Objectives Integrality in the Indonesian Criminal Justice System. In Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan (Vol. 19, No. 2, pp. 179-190). In MS Word, write the 3–5 page marketing plan and sales strategy section of your business plan, in which you: Revise the company’s target market based on the feedback received in the Week 3 discussion thread. Be sure to include demographic, geographic, lifestyle, psychographic, purchasing patterns, and buying sensitivities in the target market description. Assess your chosen company’s market competition. Use the factors listed in the graphic in your textbook labeled “Assess the Competition” (page 125), to assess the company’s market competition. When assessing the competition, specify the exact company and particular product or service you are competing against. For example, Coca Cola offers a portfolio of products, such as water, fruit juice, and cola. Are you competing against Coca Cola’s fruit juice product? Or its cola product? Be sure to detail your plan to differentiate yourself from the competition. Outline the company's value proposition and create a marketing slogan/tagline for the product. The value proposition tells your customers why they want to do business with you. You need to know what message you want to convey in your marketing slogan before selecting the marketing vehicles in the next step.
  • 6. Specify the marketing vehicles you will use to build your chosen company’s brand and justify the key reasons they will be effective. Marketing vehicles are ways to promote your product. Examples include social media, sponsored events, trade shows, and sampling. You will use a combination of these tactics. Planning to use online marketing tactics? Consult the “Online Marketing Tactics” worksheet on page 177 of your textbook to guide your response. Formatting Format your assignment according to these requirements: This course requires the use of Strayer Writing Standards (SWS). For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides. You must include headings in your paper for each major topic. Include a cover page containing the assignment title, your name, the professor’s name, the course title, and the date. The cover page is not included in the required page length. Include a source list page. All sources used must be listed in the source list page and have a corresponding in-text citation. Citations and references must follow SWS format. The source list page is not included in the required page length. **********Please include link to all sources. The company’s name is Healthy Vending Solution
  • 7. s located in Raleigh, NC. The target market is from ages 5-65, we provide low calorie alternative healthy snacks. The snacks include baked chips, nuts, protein shakes, protein bars, various waters, beef jerky, and dried fruit and veggies. These services are currently being offered in vending machines, however we seek to expand. 9 Using the Criminal Justice System to Create a More Just Society Learning Objectives After reading this chapter, you should be able to: • Analyze the concept of equality, including examples of how the criminal justice system both provides for and hinders equality for all citizens. • Evaluate the concept of solidarity, including examples of how the criminal justice sys- tem both provides for and hinders solidarity among citizens.
  • 8. • Assess the concept of human rights, including examples of how the criminal justice system both provides for and hinders individual human rights of citizens. Lonely Planet/Getty Images © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Introduction In thinking about the correlation between criminal justice and social justice, students should focus their thoughts on how they, as criminal justice practitioners, can impact the citizens and communities they serve. Criminal justice personnel are in a unique position to have both positive and negative impacts on individual lives, whether intentional or unintentional. Therefore, all criminal justice practitioners need
  • 9. to understand the dimen- sions of social justice and how they, as practitioners and as community citizens, can work toward applying positive aspects of social justice to their profession and everyday lives. At the basic core of the criminal justice system is the U.S. Constitution and, more spe- cifically, the Bill of Rights. The Bill of Rights “was set up to protect civil liberties and to provide for equality, at least ideally. Further, criminal justice agencies are ideally dedi- cated to outcomes consistent with social justice (e.g., due process and equal protection)” (Robinson, 2010, p. 86). In addition, criminal laws are written and developed to identify appropriate and inappropriate behaviors in order to maintain order and to protect the liberties of all individuals. “Defining crimes to protect citizens and society” is consistent with social justice ideals as “the right of people to live freely and safely” is essential to those ideals (Robinson, 2010, p. 88). As such, all parts of the criminal justice system play important
  • 10. roles in providing social justice in order to create a more just society. The three major facets of the system—law enforcement, courts, and corrections—are correlated and intricately aligned with equality, solidarity, and human rights. In addition, each facet has its own specific ways of providing these important aspects of social justice to those involved with the criminal justice system. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Introduction Figure 9.1: Criminal and social justice Equality Bill of Rights Code of Ethics Solidarity
  • 11. Crime Prevention Community Policing Human Rights Title 18, Section 242 Equality Appellate Decisions Sentencing Guidelines Solidarity Procedural Laws Human Rights Alternative Courts Equality Writ of Habeas Corpus Classification System Solidarity Prison Nurseries
  • 12. Reentry Programs Human Rights Restorative Justice C ri m in al J u st ic e S ys te m
  • 13. an d S o ci al J u st ic e Law Enforcement Court System Corrections Examples of the criminal justice system providing social
  • 14. justice. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.1 Social Justice and Equality 9.1 Social Justice and Equality A major focus within social justice is the concept of equality, defined in Chapter 7. As Miller (2003) notes, equality is based on the social ideal that all members of society are treated as equals, that certain rights should be distributed equally, and that all citizens deserve equal rights. Individuals “are related not just through their communities and their instrumental associations but also as fellow citizens. Anyone who is a full member of such a society is understood to be the bearer of a set of rights and obligations that together define the status of citizen” (Miller, 2003, p. 30). Equality under the law is found in
  • 15. the Bill of Rights, as the rights established focus on due process and equal protections for all citizens (Orth, 2007). Law Enforcement and Equality The U.S. Constitution, through the Bill of Rights, provides individual citizens with due process and equal protection of law. The Fourth Amendment requires that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (U.S. Constitu- tion, 1791). This means that law enforcement officers are required to obtain a warrant by first establishing that probable cause exists to believe that the individual to be arrested committed a crime, or that the place to be searched holds evidence of a crime. Because of this provision of the Fourth Amendment, all warrants are processed equally, with the same standard required to obtain the warrant and authorization from a judge. Another provision in the Bill of Rights that provides equality
  • 16. from law enforcement con- cerns the Fifth Amendment, which states that no person “shall be compelled in any crim- inal case to be a witness against himself” (U.S. Constitution, 1791). This is commonly referred to as protection against self-incrimination. Although historically applicable to testimony in criminal trials, the U.S. Supreme Court broadened this protection to the duty of law enforcement officers with its decision in Miranda v. Arizona in 1966. In Miranda, the Supreme Court ruled that the police are required to inform accused individuals that they have the right to not testify against themselves (Reid, 2011). In the decision, the Court specifically delineated what law enforcement officers are to state to each suspect—what has become known as the Miranda Warnings—which includes the right to remain silent. In addition, the Court explained that Miranda Warnings are required whenever individuals are subjected to a custodial interrogation, whereby there is a possibility that they could incriminate themselves. This requirement is provided equally,
  • 17. to all suspects, without regard to a specific crime or action. Law enforcement officers are also bound by codes of conduct and agency policies and pro- cedures that reflect the understanding that all citizens, regardless of their status within the community, are to be provided with equal protection of the law, and given equal opportuni- ties within the criminal justice system. For example, the foremost purpose of the Lowndes County, Georgia, Sheriff’s Office is to maintain social order. As part of this agency’s poli- cies and procedures, “Our fundamental duties are to serve humanity . . . and to respect the constitutional right of all persons to liberty, equality, and justice” (Lowndes County Sheriff’s Office, 2012, para. 1). For many agencies and their officers, these policies and procedures are just as binding as legal statutes. In other words, violating an agency policy can give rise to legal and/or civil liability for the law enforcement officer and the agency. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 18. CHAPTER 9Section 9.1 Social Justice and Equality In addition, many agencies have sought outside organizations to provide professional standards and accreditation to ensure that all officers and other law enforcement personnel understand the necessity of equality and how to provide equal protection to all citizens. For example, the Commission on Accreditation for Law Enforcement Agencies (CALEA) is a national credentialing authority, whose purpose “is to improve the delivery of public safety services” by “maintaining a body of standards, developed by public safety practi- tioners” (CALEA, 2012, para. 2). In addition, CALEA goals include establishing “fair and nondiscriminatory personnel practices” (CALEA, 2012, para. 3). The purpose of accredita- tion, as well as the reaffirmation of that accreditation, is to ensure that all law enforcement personnel provide equitable services to all citizens in a professional and ethical manner,
  • 19. free from discrimination and bias. The Court System and Equality As with law enforcement, the court system is also concerned with equality. The nature of the court system is adversarial, which provides that all defendants are innocent until proven guilty. This means that the state (government) has the burden of proof in proving guilt, using a standard of beyond a reasonable doubt. In other words, within the court system, when an individual is charged with a crime and subjected to a criminal trial, that individual is presumed innocent, regardless of the nature of the crime, and must be proven guilty of the crime, using fair and just procedures. Equality in the court system is also provided to all citizens through the Bill of Rights (see Table 9.1). When originally adopted in 1791, the Bill of Rights applied only to the federal criminal justice sys- tem, leaving state defendants without adequate and fair protec-
  • 20. tions of the law. This changed with the adoption of the Fourteenth Amendment in 1868, which pro- vides that “No State shall make or enforce any law which shall abridge the privileges or immu- nities of citizens of the United States; nor shall any State deprive any person of life, liberty, or prop- erty, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution, 1868). The Due Process Clause makes most of the criminal procedural rights contained in the Bill of Rights applicable to the states, in an effort to ensure fairness under the law. The Equal Protection Clause requires the states to guarantee equality by providing equal protection under the law for all citizens. Jeff Cadge/The Image Bank/Getty Images It is the prosecution’s responsibility to prove beyond a reasonable doubt that the defendant committed the crime he
  • 21. or she is accused of. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.1 Social Justice and Equality Table 9.1: Protections and Supreme Court cases for the Fifth, Sixth, and Fourteenth Amendments Amendment Protections Supreme Court cases Fifth Double Jeopardy Self-Incrimination U.S. v. Felix, 1992 Miranda v. Arizona, 1966 Sixth Speedy and Public Trial Impartial Jury Notice of Charges Obtain and Confront
  • 22. Witnesses and Counsel Baker v. Wingo, 1972 Turn v. Louisiana, 1965 Moore v. U.S., 1964 Kentucky v. Stincer, 1987 Gideon v. Wainwright, 1963 Fourteenth Due Process Clause Equal Protection Clause Wisconsin v. Constantineau, 1971 Brown v. Board of Education, 1954 The Fifth Amendment provides the protections that “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or prop- erty, without due process of law” (U.S. Constitution, 1791). The first protection is com- monly known as double jeopardy, and essentially means that the state (government) gets one chance to convict a defendant for a particular crime and, if
  • 23. the defendant is acquitted, cannot keep retrying the defendant until the state gets a conviction. For example, a defen- dant on trial for murder is acquitted of all charges due to a lack of evidence showing the defendant was at the murder scene. A few months after the trial, new evidence surfaces, including DNA evidence, to show the defendant was indeed at the murder scene. The state cannot, taking the new evidence into account, charge and try the defendant a second time for the murder. The second protection, commonly known as self-incrimination, means that a defendant is not required to take the stand and testify in a criminal trial. For example, a defendant is accused of burglary and rape. The defense can present a case without the defendant tes- tifying, and this in no way indicates the defendant’s guilt or innocence. In other words, the jury should not draw any conclusions about the guilt or innocence of the defendant simply because he or she decides to remain silent.
  • 24. The third protection is that of due process, which means that reasonable and lawful proce- dures must be made available to all defendants in any criminal actions. All of these Fifth Amendment protections are granted equally to all individuals who are processed in the criminal justice system, regardless of the nature of the crime. ASSOCIATED PRESS/AP Images Clarence Gideon’s case helped champion the Supreme Court ruling that mandated the right to legal counsel for all defendants, regardless of an individual’s ability to pay for it. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.1 Social Justice and Equality The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the
  • 25. right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusa- tion; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence” (U.S. Constitution, 1791). All of these provisions apply to all defen- dants in any criminal trial, on any level (local, state, or federal), and are intended to assist the defendant in a criminal trial, in order to ensure that a fair and just prosecution is obtained. The provisions are provided without regard to the individual defendant or the nature of the crime. Several U.S. Supreme Court cases have clarified the meaning and interpretation of these provi- sions. For example, the provision of confronting witnesses was addressed in Kentucky v. Stincer (1987) in which the Court, explaining what is known as the confrontation clause, stated that “the opportunity for cross-examination is critical for ensuring the integrity of the fact-finding process.
  • 26. Cross-examination is the principal means by which the believability of a witness and the truth of his testimony are tested.” The U.S. Supreme Court has also addressed the assistance of counsel provision, most importantly with the landmark case of Gideon v. Wainwright (1963). In Gideon, the Court mandated equality for all defendants, regardless of ability to pay for counsel, which means that all defendants in felony (later expanded to include misdemeanor) cases are to be assisted in their cases with legal counsel, even if the state has to pay for that legal counsel. However, merely being assisted by legal counsel is not enough; competency is also important. In Strickland v. Washington (1984), the Court further interpreted this provi- sion as guaranteeing the effective assistance of counsel. “Accordingly, when a lawyer’s performance falls so far below the standard of reasonable competence that the outcome of the case is likely to be unfair or unreliable, the Sixth Amendment provides a remedy for a
  • 27. new trial to occur” (Owen, Fradella, Burke, & Joplin, 2012, p. 224). Table 9.1: Protections and Supreme Court cases for the Fifth, Sixth, and Fourteenth Amendments Amendment Protections Supreme Court cases Fifth Double Jeopardy Self-Incrimination U.S. v. Felix, 1992 Miranda v. Arizona, 1966 Sixth Speedy and Public Trial Impartial Jury Notice of Charges Obtain and Confront Witnesses and Counsel Baker v. Wingo, 1972 Turn v. Louisiana, 1965 Moore v. U.S., 1964 Kentucky v. Stincer, 1987
  • 28. Gideon v. Wainwright, 1963 Fourteenth Due Process Clause Equal Protection Clause Wisconsin v. Constantineau, 1971 Brown v. Board of Education, 1954 The Fifth Amendment provides the protections that “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or prop- erty, without due process of law” (U.S. Constitution, 1791). The first protection is com- monly known as double jeopardy, and essentially means that the state (government) gets one chance to convict a defendant for a particular crime and, if the defendant is acquitted, cannot keep retrying the defendant until the state gets a conviction. For example, a defen- dant on trial for murder is acquitted of all charges due to a lack of evidence showing the defendant was at the murder scene. A few months after the trial,
  • 29. new evidence surfaces, including DNA evidence, to show the defendant was indeed at the murder scene. The state cannot, taking the new evidence into account, charge and try the defendant a second time for the murder. The second protection, commonly known as self-incrimination, means that a defendant is not required to take the stand and testify in a criminal trial. For example, a defendant is accused of burglary and rape. The defense can present a case without the defendant tes- tifying, and this in no way indicates the defendant’s guilt or innocence. In other words, the jury should not draw any conclusions about the guilt or innocence of the defendant simply because he or she decides to remain silent. The third protection is that of due process, which means that reasonable and lawful proce- dures must be made available to all defendants in any criminal actions. All of these Fifth Amendment protections are granted equally to all individuals who are processed in the
  • 30. criminal justice system, regardless of the nature of the crime. ASSOCIATED PRESS/AP Images Clarence Gideon’s case helped champion the Supreme Court ruling that mandated the right to legal counsel for all defendants, regardless of an individual’s ability to pay for it. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.1 Social Justice and Equality The appellate courts, which consist of a panel of judges, have been established to consider errors of procedural law in trial court cases. “The work of appellate courts concerns ques- tions about the interpretation or application of laws, not questions of fact” (Owen, et al., 2012, p. 321). For example, a convicted defendant may appeal, whereby “the appellate court
  • 31. would review issues such as whether he had a fair trial, whether the evidence was obtained legally, and whether the law has been applied correctly” (Owen, et al., 2012, p. 321). Although the appellate courts are not seeking to determine whether the defendant actu- ally committed the crime, the process of appeal is equitable to all defendants, as these courts will determine whether any error of law occurred that had a negative or detrimen- tal effect on the outcome of the trial. In other words, as noted in Chapter 8, the appellate courts do not retry the case but rather look for errors whereby the defendant was not pro- vided with a fair and just trial. If the appellate court deems that no errors of law occurred, the trial court decision is upheld; conversely, the finding of an error of law will require the conviction to be set aside and the defendant retried in a trial court. Therefore, appellate courts provide equality, as decisions are made without regard to individual defendants or the nature of the crime.
  • 32. An additional aspect of the legal system that provides fairness and justice occurs with the use of sentencing guidelines “to produce fair sentences based on legal variables such as offense seriousness and prior record” (Robinson, 2010, p. 92). Sentencing guidelines provide judges with a basis from which to determine appropriate sentences for similar cases and circumstances. This provides for a more standard and just legal system, while also providing future offenders with an idea of consequences to expect from engaging in criminal behavior. Corrections and Equality Correctional systems, on all levels, provide equality through various provisions of the Bill of Rights. Probably the most important provision of the Bill of Rights encountered in cor- rections is the protection against cruel and unusual punishment, delineated in the Eighth Amendment (U.S. Constitution, 1791). Correctional systems, which include probation and parole, are required to assess and impose punishment in such a manner as to be fair and
  • 33. just. With this, all inmates have the right to challenge the constitutionality of their confine- ment through a writ of habeas corpus. This writ allows for the court to determine the appro- priateness and legal grounds for confinement, thus safeguarding the rights of all inmates. Another provision of equality within corrections is the classification system, which is a “spe- cific set of objective criteria, such as offense history, previous experience in the justice system, and substance abuse patterns, applied to all inmates to determine an appropriate classifica- tion” (Clear, Cole, & Reisig, 2013, p. 150). The importance of the classification system is for the correctional facility to identify for each incoming inmate the appropriate and needed services, as well as identify under what conditions, if any, the inmate will be housed. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 34. CHAPTER 9Section 9.1 Social Justice and Equality There are numerous types of criminal offenders, all with individual and unique reasons for offending. For example, the mentally ill offender would need a different type of treat- ment program than a drug abuser or a sex offender, with the latter two needing still other types of treatment. In addition, the elderly inmate brings additional medical care issues that may not be found in younger inmates. By using a standard set of criteria, classifica- tion allows the correctional facility to equitably provide each inmate the unique services he or she requires. In addition, classification is also used to identify the appropri- ate correctional facility for the inmate, based on security level. Although classification has tradi- tionally been an important aspect of identifying program and treat- ment needs, “prison management still relies on continuing classifi-
  • 35. cation, which now focuses on the offender’s potential for escape, violence, or victimization by other inmates” (Clear, Cole, & Reisig, 2013, p. 376). In addition, to main- tain a fair and just classification, inmates may be reclassified at any time during their incarceration, which can occur, for example, at the completion of a treatment program or for any other unique circumstance that may arise. According to the decision in Ramos v. Lamm (1979), classification systems must be “clearly understandable, consistently applied and conceptually complete.” As a result, objective classification systems have been developed to ensure that the classification and level of custody are appropriate. Equity-based models have been created that “use only a few explicitly defined legal variables reflecting current and previous criminal characteristics. Such variables as race, employment, and education are not used because they are seen as
  • 36. unfair” (Clear, Cole, & Reisig, 2013, p. 353). In other words, today’s classification systems strive for equity and fairness in order to ensure that all inmates are housed with an appro- priate custody level and are able to access appropriate services and programs. David R. Frazier/Stone/Getty Images Elderly offenders may require different care than is required for other types of inmates. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.1 Social Justice and Equality Inequality in the Criminal Justice System The preceding sections provide examples of how the various facets of the criminal justice system provide equality for all citizens. Although equality has been a focus since the founding of our country, the system has not always been
  • 37. effective at providing equality for all citizens. Inequality in Law Enforcement Several issues arise in law enforcement in regard to inequality. One of the most notable, with a history as old as law enforcement itself, is corruption. Law enforcement officers are required, by law and agency policy, to uphold the law, while being upstanding members of society. We look to law enforcement officers to help in times of crime and crises and expect them to be above reproach. We respect them when they catch criminals but hate them when they write us tickets. For many officers, this is a difficult paradox that per- vades every aspect of their daily lives. Oftentimes, we forget officers are humans, with the same wants and needs as ordinary cit- izens. It is no wonder many officers find themselves tempted by corruption. While some officers successfully handle the temptations, many fall victim to temptation without a clear intention to do so. For example, the “slippery slope”
  • 38. mentioned in Chapter 8 sym- bolizes the notion that an officer can accept a seemingly innocent token of appreciation without fully recognizing or understanding the intention behind the token. The officer may believe that the convenience store owner who provides free coffee to all officers sim- ply likes the extra attention and surveillance that officers provide to his store and area. However, when that same storeowner is pulled over for speeding by one of the officers who frequents his store for free coffee, does the store owner expect a “favor” or special privilege in return? In other words, what is the intention, hidden or not, behind the pro- moting and providing of free coffee? Is it truly a show of appreciation and respect, or does it anticipate something bigger, such as the store owner’s expectation that the officer will return the favor down the road? And where does the slippery slope end? If an officer is willing to take free coffee, food, or any other free gift, when is the line drawn? If an officer succumbs to the temptation of
  • 39. corruption, then those who provide the thing of value to the officer will begin to receive special treatment, placing all others at a disadvantage when law enforcement services are needed. For example, if an officer is “on the take,” and getting paid on the side for extra security for a certain area of a neighborhood, the officer is likely to respond more quickly to the individuals in that area than to others, creating inequality of services. In order to reduce the temptation to corruption, all law enforcement officers need train- ing, education, and monitoring to ensure compliance with all laws and ethical behaviors. Steps to this end could include more ethical training in police academies and requiring officers to complete ethical training as part of their yearly in- service hours. In addition, more training for supervisors could be provided on warning signs of corruption and what to do to intervene before it becomes an issue. Officers are also bound by a Code of Ethics, which should be constantly and consistently reinforced throughout the officers’ careers.
  • 40. Law enforcement officers are human, with worries about family, bills, and other life stress- ors. Due diligence is required, not only to keep officers in line but also to help avoid any and all corrupt behaviors. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.1 Social Justice and Equality Inequality in the Court System As with law enforcement, several issues concerning inequality exist within the court system, with the biggest being inadequate counsel. Through the Sixth Amendment, all individuals being processed through a criminal trial are guaranteed the right to counsel. However, this does not mean the right to the most experienced, most expensive, or most successful counsel; it simply permits that the defendant may have an attorney working on his or her behalf.
  • 41. The majority of defendants processed through the court system do so with a court- appointed attorney. Due to the sheer volume of cases that each court-appointed attorney must process, oftentimes this means that each individual case receives less focused atten- tion than could be provided by a privately hired attorney, who is working on one specific case. This is not to say court-appointed attorneys are not well trained or competent, but the reality of processing excessive amounts of criminal cases can lead to inequity when preparing for and presenting a defense in a criminal trial. Inequality may also occur because cases are different (i.e., different crimes, different types and amounts of evidence, different witnesses, etc.). As a result, all cases are not processed in the same way. For example, a high-profile serial murder case would most likely require additional time and resources to defend. The more difficult the case, the longer it may take to prepare an adequate defense. This must be weighed against the defendant’s Sixth
  • 42. Amendment right to a “speedy and public trial.” In other words, while the defendant has a right to counsel, that counsel may request additional time to prepare the defense—while at the same time, the defendant has a right to not spend an excessive amount of time wait- ing for his or her day in court. The most logical way to resolve this issue is both practical and impractical—hire more court-appointed attorneys. It is practical in the sense that more attorneys would allow for a smaller caseload per attorney, allowing for a more focused approach to each case. It is impractical in the sense that most jurisdictions do not have the additional funds needed to hire an extensive number of new attorneys. Another way to resolve this issue would be to hire more paralegals. Although not able to try the case, they can certainly provide much-needed research and writing skills to assist the case attorneys. Barring the ability to hire new attorneys, jurisdictions can perhaps provide additional training on time manage- ment, and structure court time to allow the most expeditious
  • 43. processing of criminal cases. Inequality in Corrections The field of corrections also has its share of equality issues, with a major issue concerning access to treatment programs while in a correctional facility. As noted previously, inmates in correctional facilities have myriad mental, psychological, and physical health issues that need to be addressed if rehabilitation is to be achieved. One of the overarching goals of corrections is rehabilitation, gained through various treatment options. However, not all inmates have equal access to treatment programs. Depending on the level of security and classification of any particular correctional institution, some inmates may need a spe- cialized treatment option that is simply not available at their facility. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 44. CHAPTER 9Section 9.2 Social Justice and Solidarity For example, for the sex offender, research shows that treatment is most effective when provided in a one-on-one, individual counseling setting. However, group counseling is most often found in correctional institutions (Holmes & Holmes, 2008). The issue is one of funding—individual counseling costs more than group counseling. Correctional institu- tions, which get their funding from state appropriations, are seeing less and less funding available. In addition, this decrease in funding is found at a time when the general public is calling for more severe punishment for sex offenders, which results in more offenders being sent to prison. As a result, more sex offenders are in correctional institutions at a time when less money is being used for counseling. Sex offenders are therefore being placed in counseling and treatment programs that do not have a high success rate because they are not tailored, nor can they be tailored, to meet the specific needs of these offenders.
  • 45. As with the inequality in the court system, the solution to this issue is both practical and impractical—provide funds for more treatment programs when funds are simply not available. Another option would be for the states and/or individual correctional facility personnel to solicit volunteer service from local psychologists and social workers. Perhaps even setting up some form of clinical internship would be beneficial to those inmates needing the most counseling treatment. Although a correctional setting may not be the ideal choice of career for an intern, it would provide a unique opportunity for students to gain valuable experience not available in the classroom or other settings. 9.2 Social Justice and Solidarity As discussed in Chapter 7, the concept of solidarity for social justice means the degree to which individuals see them- selves as members of an extended
  • 46. family, where citizens in commu- nities are “in this together” (Rob- inson, 2010). Solidarity with the community, and thus the human family, is in the context of free- dom and justice. “Solidarity with all of the human family implies a special commitment to the most vulnerable and marginalized in our midst”; therefore, “solidarity encourages striving for relation- ships that tend toward equality on the local, national, and inter- national levels. All members of the human community must be brought as fully as possible into the circle of productive and creative relationships” (Sirico, 2012, para. 3). Jose Luis Pelaez Inc/Blend Images/Getty Images Social justice can be maintained if community members feel a sense of solidarity with one another.
  • 47. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.2 Social Justice and Solidarity Law Enforcement and Solidarity With a common goal of eliminating and preventing crime, law enforcement agencies and officers, particularly on the local level, are in a unique position to unite their respective communities. While crime and local criminal behavior can tear apart and alienate seg- ments of a community, the workings and programs of local law enforcement agencies can bring together individual citizens to work toward revitalizing those neighborhoods and communities touched by crime. There are numerous examples of law enforcement agen- cies and individual officers working with community citizens and leaders to integrate all segments of the community, with the goal of providing social justice through solidarity.
  • 48. One such example is the Community Oriented Policing (COP) model, which has been adopted by numerous local law enforcement agencies across the country. The COP model “is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the imme- diate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime” (U.S. Department of Justice, Community Oriented Policing Services, 2012, para. 1). Community policing is a proactive approach to solving crime, putting local law enforcement officers on the streets and in neighborhoods, specifically with the goal of improving police–community relations. Officers walk the beat, are encouraged to get to know business owners and residents, and are actively engaged in the happenings of the neighborhoods in which they patrol. When law enforcement officers are routinely seen by neighborhood residents, are actively participating in neighborhood activities, such as crime
  • 49. watch programs, and actively pursue open lines of communication with residents, a valuable and trusting bond develops that fosters improved cooperation between residents and officers. This allows residents to become active participants in protecting their own neighborhoods. In other words, police–community partnerships allow residents to become an active part of the solu- tion to crime, which increases the solidarity of the neighborhood. Similar to the COP model is the Problem Oriented Policing (POP) model used by numerous local law enforcement agencies across the country. The main focus of the POP model is to identify specific crime problems within local neighbor- hoods and communities, so that law enforcement can work with local citizens to solve those prob- lems. Community leaders iden- tify recurring events or areas of
  • 50. concern, then a four-step process known as SARA is implemented (Scanning—a problem is identified, Sean Murphy/Stone/Getty Images Officers practicing Community Oriented Policing are aware of the events in their patrol areas, and frequently walk the streets, getting to know business owners and community residents. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.2 Social Justice and Solidarity Analysis—questions are asked to learn about the problem, Response—a custom-made response is tried, Assessment—the response is evaluated to determine effectiveness). For example, in San Diego, California, “The police, community and City Council worked to attack drug and gang problems in the Skyline and Meadowbrook
  • 51. community. Those efforts led to an organized community association, and a reduction in criminal activity” (San Diego [CA] Police Department, 2012, para. 3). As with the COP model, Problem Oriented Policing increases integration of citizens, providing for solidarity within the neighborhood. Another program on the local level that brings together all segments of the community to build solidarity is the National Night Out program, “America’s Night Out Against Crime” (National Night Out, 2012). According to National Night Out (2012), more than 37 million people partook in the event in 2012, including “law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from over 15,000 communities from all 50 states, U.S. territories, Canadian cities and military bases worldwide.” The purpose of National Night Out is to “heighten crime and drug prevention awareness; generate support for, and participation in, local anticrime programs; strengthen neighbor-
  • 52. hood spirit and police–community partnerships; and send a message to criminals letting them know that neighborhoods are organized and fighting back” (National Night Out, 2012). Law enforcement agencies and individual officers work with neighborhood lead- ers, through National Night Out, to promote neighborhood spirit and police–community partnerships, under the common goal of crime prevention. A prominent feature of National Night Out is that there are no financial obligations required of communities and neighborhoods to participate, due to partnerships between the sponsoring organization, National Association of Town Watch (NATW), and Tar- get Corporation and law enforcement agencies (National Night Out, 2012). As a result, neighborhood and community leaders have the opportunity to work with their local law enforcement agencies to bring about neighborhood solidarity. The Court System and Solidarity The court system provides for solidarity through legal and criminal procedures that are
  • 53. provided to all defendants throughout the various stages of the trial process, to ensure that legal structures serve all citizens, regardless of the nature of the crime or individ- ual circumstances. As noted previously, the Fifth and Sixth Amendments of the Bill of Rights provide all citizens with certain procedural rights when being processed in the legal system, including the protection against self- incrimination, with a right to have a notification of charges, to have a speedy and public trial by an impartial jury, to obtain and cross-examine witnesses, and to have access to legal counsel. Of most importance is the requirement that states have a constitutional obligation to ensure all citizens processed through the legal system have access to counsel at all critical stages of a criminal prosecu- tion, including arraignments, preliminary hearings, postindictment lineups, trials, and sentencing hearings (Owen, et al., 2012). © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 54. CHAPTER 9Section 9.2 Social Justice and Solidarity The entire court system is guided by a set of procedural laws that protect all citizens, regardless of the nature of the crime. Once an individual is arrested and the prosecutor deems the charges worthy of further prosecution, the defendant must be taken before a judge within a specified time (for example, within 72 hours for an arrest with a warrant and 48 hours for an arrest without a warrant) for an initial appearance (Robin- son, 2012). At this point, the state will provide counsel, if required, and the opportunity for bail. The defendant is then brought back to court for a preliminary hear- ing, whereby probable cause to hold the defendant for trial will be
  • 55. determined. The preliminary hearing is the first of several stages in the criminal process, and it is at this time that probable cause to believe the defendant committed the crime will be determined by a magistrate or judge. If probable cause exists, all defendants must be pro- vided with either an indictment or an accusation, both formal charging documents used to bring the accused to trial (Robinson, 2012). In other words, citizens are protected from arbi- trarily being arrested and taken to trial without the prior establishment of probable cause. The defendant is then brought to court for arraignment, whereby he or she will enter a formal plea to the charges. A guilty plea has the same effect as being convicted at trial; however, the judge will take precautions to ensure that the guilty plea is entered volun- tarily and without coercion or promises. A not-guilty plea will move the defendant to the formal trial. Once the trial is imminent, the defendant has the right and opportunity to file pretrial motions, with the most important of those being discovery, whereby the defen-
  • 56. dant is allowed to obtain and review the evidence to be presented by the prosecution. This is another layer of protection for the defendant, regardless of the nature of the crime or possible punishment. Again, the criminal justice system, and particularly the trial, is based on the adversarial process; the burden of proof to prove guilt is on the prosecution, with guilt based on a finding beyond a reasonable doubt. This inherent nature of the adversarial process pro- tects the defendant from shouldering the burden of proof. The concept of double jeopardy mentioned earlier in the chapter provides another layer of defense. moodboard/the Agency Collection/Getty Images Among a defendant’s most important rights is the right to legal counsel throughout all phases of a criminal prosecution. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 57. CHAPTER 9Section 9.2 Social Justice and Solidarity Corrections and Solidarity Many convicted offenders serve their prison time in their local com- munities, or at least within their state of residence. This provides an opportunity for the inmate and his or her family to maintain an active relationship, if they so choose, thus maintaining the soli- darity of the family. Another aspect of family soli- darity provided by correctional systems is the creation of nurser- ies within certain prison facili- ties for women who are pregnant at the time of incarceration and will deliver the baby while incar- cerated. Prison nurseries are a “reemerging trend within correc- tional facilities” (Women’s Prison
  • 58. Association, 2009, p. 9). Many pro- grams started in the last 15 to 20 years, as the female prison population increased sharply (Women’s Prison Association, 2009). There are currently nine states that allow women in prison to keep their newborn infants with them while incarcerated (with Rikers Island in New York being the only jail in the country with a nursery). However, the women must be incarcerated for a nonviolent offense and have no history of child abuse or neglect (Wom- en’s Prison Association, 2009). The purpose of these nurseries is to allow for a bonding period between mother and child, thus encouraging the solidarity of the family. The duration of time an infant may stay within the confines of a correctional facility varies among states, from 30 days to 3 years, with the average between 12 to 18 months. The capacity of the nurseries also varies from 5 to 29 mother/child rooms, which are most often located in a separate wing or unit, apart from the general population. In addition to required parenting skills and child development classes,
  • 59. several facilities also require mothers without a high school diploma to complete educa- tional classes to obtain a GED. “Through these programs, incarcerated mothers are able to participate in support groups, gain support and information about breastfeeding and learn about infant growth and development” (Women’s Prison Association, 2009, p. 10). To restore the solidarity of the inmate with his or her community, many state departments of corrections are actively engaged in providing various forms of reentry services for inmates with impending parole. This includes equipping inmates with the skills necessary to be productive members of their families and communities, and connecting inmates with services and resources that will both meet their needs and support their transition back to their respective communities (Robinson, 2012). The overriding premise is enhancing safety within the community by reducing the opportunity and desire to commit future offenses. Most reentry programs provide specific vocational and
  • 60. education training programs, in an effort to help inmates get jobs and thus decrease recidivism (Robinson, 2012). For MICHAEL ROUGIER/Time & Life Pictures/Getty Images Local jails and state prisons allow offenders to serve their time closer to home in order to maintain relationships with their friends and family. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.2 Social Justice and Solidarity example, reentry programs in Georgia include training in auto body repair, carpentry, computer technology, construction, cosmetology, culinary arts, graphic arts, masonry, the service industry, and welding (Georgia Department of Corrections, 2012). By providing job skills that allow for gainful employment once released from prison, the inmate is better
  • 61. equipped to become a productive member of the community, thus reconnecting with the community and bringing closure to the hole formed when the inmate was incarcerated. In many states, reentry programs are conducted at transitional centers, whereby the inmates are gradually reintegrated into the community. However, many transitional cen- ters are small, and thus the limited bed space does not allow for a large influx of parolees. To counter this problem, many state prisons have created “in- house” transitional dormi- tories on the prison grounds that allow inmates within 12 months of their release to be isolated from general population so they can participate in intensive training, education, and substance abuse treatment (Robinson, 2012). In addition to state reentry programs, inmates in federal prison who are nearing their release on parole (approximately 17–19 months) may be eligible for placement in a residen- tial reentry center, or halfway house. The residential reentry centers “provide a safe, struc-
  • 62. tured, supervised environment, as well as employment counseling, job placement, financial management assistance, and other programs and services” and help inmates “gradu- ally rebuild their ties to the community and facilitate supervising ex-offender’s activities during this readjustment phase” (Federal Bureau of Prisons, 2012b, para. 3). Inmates are monitored 24 hours per day, and are required to gain employment within 15 days and to complete substance abuse and mental health treatment if needed. The reentry programs provide “an opportunity for inmates to assume increasing levels of responsibility, while at the same time providing sufficient restrictions to promote community safety and convey the sanctioning value of the sentence” (Federal Bureau of Prisons, 2012b, para. 9). Nonsolidarity and the Criminal Justice System The criminal justice system func- tions mostly at the local level, in communities across the United States. There are many programs within the various components
  • 63. of the criminal justice system that focus on creating solidarity with local and community citi- zens. Although these programs are effective, and many commu- nities have a positive relationship with their local criminal justice agencies and personnel, there are many issues that result in a lack of solidarity between the crimi- nal justice system and commu- nity citizens. Thomas Northcut/Lifesize/Thinkstock Nonsolidarity means inconsistency in making decisions and handling situations, which may result in not going in the right direction. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.2 Social Justice and Solidarity
  • 64. Nonsolidarity and Law Enforcement Law enforcement officers are charged with maintaining order, protecting citizens, and apprehending criminals. A major aspect of the duties of law enforcement officers is the use of discretion, discussed in Chapter 8. For example, when an officer stops a motorist to conduct a traffic stop for speeding, the officer has the discretion to issue a traffic citation or to issue a warning. Discretion also means that many factors go into decisions made by law enforcement offi- cers. In the previous example, the officer will make the decision to issue a speeding citation or warning based on numerous factors—i.e., the actual speed, the road and weather condi- tions, traffic conditions such as construction zones, the motorist’s reason for the excessive speed, the motorist’s demeanor toward the officer, etc. In addition, local and state statutes also guide officer discretion. Although discretion is a major part of law enforcement, it may result in inconsistent treatment of offenders (Reid, 2001).
  • 65. This can hinder community solidarity and can actually create a negative atmosphere and relationship between law enforcement agencies/officers and those whom they serve. For example, prior to 2010 in the state of Georgia, in order to be charged with driving with a suspended license, the law required that the driver must have been notified that his or her license had been placed in suspension. After that notification, if the individual was stopped while driving, with the knowledge that his or her license was suspended, the officer would arrest the driver on the spot. In 2010, Georgia Code § 40-5-121 was changed to allow an increase in officer discretion to make or not make an arrest, with or without the prior notification of the suspension of the driver license. In other words, the statute removed the requirement that the driver must first be notified of a suspension of the driver license before an arrest can be made. Although the new provision provides an increase in officer discretion, it also provides an
  • 66. increase is the inconsistency of handling offenders, thereby decreasing solidary within the community. If an officer works within a particular zone or beat, particularly under the Community Oriented Policing (COP) model, then he or she gets to know the citizens of the community. This new increase in discretion can become a hindrance to the solidarity of the community if the officer is then seen as using discretion in some cases and not oth- ers, and more specifically, if the law enforcement agency supports such practices. To counter the negative impact of this type of discretion, officers can be educated on how their decisions impact those they serve. Officers need to be aware that although discretion is part of their everyday duties, these decisions do have an impact on how they are viewed by the community. Although it is not feasible to provide a citation or make an arrest of every individual with whom they come into contact, being consistent and fair in their discretion will result in a more positive relationship with the community— thus creating solidarity.
  • 67. Nonsolidarity and the Court System The trial process in the court system is of major interest for both the offender and the victim. It is the time when the offender has the opportunity to see and hear evidence pre- sented against him or her and to present a defense to the charges. It is also the time when the victim, through the prosecution, has the opportunity to make the case that the offender © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.2 Social Justice and Solidarity committed a crime and inflicted harm, and thus is in need of punishment. However, many victims do not get the opportunity to have their day in court. If a victim is deemed to be an ineffective witness, the prosecutor may be reluctant to put the victim on the stand to testify. On the other hand, if the victim is deemed to be an
  • 68. effective and powerful witness, the defense will likely opt for a plea bargain agreement. Plea bargaining is “the process of negotiation between the defense and the prosecution . . . [that] may involve reducing or dropping some charges or a recommendation for leni- ency in exchange for a plea of guilty on another charge or charges” (Reid, 2001, p. 181). In addition, all plea agreements must be agreed to by the prosecutor, defense counsel, and defendant (Owen, et al., 2012). “Plea bargaining dominates the modern American criminal process. Upwards of 95% of all state and federal felony convictions are obtained by guilty plea” (Covey, 2008, p. 1238). Consequently, very few criminal cases actually go to trial. For the victim, this can create feelings of abandonment and seclusion, as the victim is typically not involved in plea bargain negotiations. The criminal trial is an important part of the criminal justice system for the victim, yet only a select few are granted the oppor- tunity. Although several jurisdictions allow a victim limited
  • 69. participation in the actual plea negotiations, victims do not have a right to veto the agreement. In addition, unlike the offender who has a Sixth Amendment right to a speedy and public trial, the victim has no constitutional rights to any participation in the trial. And because the plea bargain generally yields a lesser sentence than could possibly be obtained from a conviction at trial, victims may believe justice is not served. As a result, victims may experience a lack of solidarity with the court system, as well as with other criminal justice personnel and perhaps with the community as a whole. This is especially true when family and the com- munity do not completely support the victim. To create a sense of solidarity within the court system for the victim, changes would need to occur. For example, allowing the victim to have a voice in plea bargain negotiations may be a start. Victims have interests in the case that go beyond revenge, and participa- tion in plea bargain negotiations can protect those interests (Starkweather, 1992). In other
  • 70. words, the victim could be brought into plea negotiations without negatively impacting the process, providing a positive experience for the victim, and thus creating solidarity. Another change that would more significantly impact the process is to allow victims the opportunity to veto a plea, requiring the prosecutor to take the case to trial. Although this could affect the overall court system, it could be used in limited cases; for example, those involving serious felonies or DUI cases, in which the victim would greatly benefit from being able to be heard in court. Nonsolidarity and Corrections Overcrowding is a major issue in all levels of corrections, from local jails to federal cor- rection institutions. Because more correctional institutions and facilities are experiencing overcrowding every day, the result is that many offenders are now being confined to facilities not in the regional jurisdiction in which they live. This negatively impacts the solidarity of the family and community.
  • 71. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights For example, an offender commits and is convicted of a felony in his hometown. Due to overcrowding in area state prisons, the inmate is sent to a correctional institution located on the other side of the state. In certain states, this could involve a day’s drive from the inmate’s hometown. As a result, the inmate’s family may not have the resources to maintain a consistent relationship with the inmate while he is incarcerated, meaning fewer visits and personal contacts. This can further diminish the already strained solidarity of the family. In addition, this can negatively impact the inmate’s return to the community. Because the overcrowding issue requires the inmate to serve time in another community, the ability to participate in a reentry program, if available, could be
  • 72. diminished because those opportu- nities will be given to those inmates returning to that particular community. Reentry pro- grams are typically geared toward assistance in reconnecting with family and providing an opportunity to secure gainful employment upon release. This is difficult and perhaps not feasible for those inmates who seek to reconnect with family and community in far away jurisdictions. It is important to take family and community solidarity into consideration when deter- mining the placement of inmates within correctional facilities. Although it may not always be feasible to keep an inmate within a reasonable distance of his or her family and com- munity, all efforts should be made to ensure that at least a reentry program is available for that inmate. Any and all efforts should be made to provide a smooth transition back into the family and community in order to facilitate solidarity. 9.3 Social Justice and Human Rights
  • 73. According to Rawls (2003, p. 13), “a just world order is perhaps best seen as a society of peoples, each people maintaining a well-ordered and decent political (domestic) regime, not necessarily democratic but fully respecting basic human rights.” There are many human rights that are relevant to the criminal justice system, including equality before the law; the presumption of innocence until proven guilty by independent and impartial tribunals; freedom from torture or cruel, inhumane, or degrading punishment; freedom from arbitrary arrest, detention or exile; freedom from arbitrary interference with privacy; and freedom from discrimination (Robinson, 2010). Miller (2003) argues that human rights play a significant role in social justice theory. “A central element in any theory of justice will be an account of the basic rights of citizens, which will include rights to various concrete liberties, such as freedom of movement and freedom of speech,” meaning “an extensive sphere of basic liberty is built into the require-
  • 74. ments of social justice” (Miller, 2003, p. 13). Law Enforcement and Human Rights According to the Office of the United Nations High Commission for Human Rights’s Code of Conduct for Law Enforcement Officials (2012, para. 6), “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.” In essence, this means that law enforcement officers, © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights whether local, state, or federal, have the duty to protect the human rights of all individu- als, including those who have committed a crime. As such, law enforcement agencies have placed similar statements in their codes of conduct and codes of ethics to ensure that offi-
  • 75. cers protect the human rights of all individuals with whom they come into contact. As with equality and solidarity, the U.S. Constitution includes provisions for law enforce- ment officers to ensure the protection of human rights, through due process and equal protection clauses. In addition, the federal government created several federal statutes that protect individuals from violations of human rights by law enforcement officers, and provides remedies for violations. Title 18, Section 242 addresses deprivation of rights while acting under the color of law, meaning a person who has a legal authority granted by a government body is acting within the scope of that legal authority (i.e., a law enforcement officer acts under the color of law when making a valid arrest). Under Section 242: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Pos-
  • 76. session, or District to the deprivation of any rights, privileges, or immuni- ties secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both. While Section 242 provides for criminal sanctions against the offending law enforcement officer, Title 42, Section 1983 provides civil actions for deprivation of rights: Every person who, under color of any statute, ordinance, regulation, cus- tom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges,
  • 77. or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declara- tory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be con- sidered to be a statute of the District of Columbia. Through these federal statutes, law enforcement officers are bound by law to protect the human rights of all individuals, without discrimination. As noted above, law enforcement agencies, on all levels, have implemented these provisions into their codes of conduct that provide an additional layer of protection. Law enforcement officers and agencies also promote human
  • 78. rights through assistance to victims of crime, with the idea of promoting the victims as humans, and of ensuring that their dignity is respected. For example, states have created versions of a Victim’s Bill of © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights Rights. One provision of the Georgia Crime Victims’ Bill of Rights is “the right to be treated fairly and with dignity by all criminal justice agencies involved in the case” (Official Code of Georgia Annotated [OCGA], 1995). In Georgia, law enforcement officers on the local and state level are required by law to provide all victims of crime, regardless of situation, with a copy of the Georgia Crime Victims’ Bill of Rights. Providing the victim with a bill of rights gives her or him a meaningful opportunity to exercise these rights (Robinson, 2012).
  • 79. As law enforcement officers are the initial criminal justice system contact for victims, it is essential that these officers provide all victims of crime with assistance and compassion and ensure that all victims are shown respect. The Court System and Human Rights The court system is in the unique position of providing human rights during the most important phase of the criminal justice system—the determination of guilt or innocence. The recognition of fairness and justice is essential to ensuring that all individuals pro- cessed in the legal system are treated with dignity and respect. A harsh reality of the criminal justice system is that numerous criminal defendants have larger social and psychological issues than can be addressed in the traditional criminal court. Judges, prosecutors, and defense attorneys have recognized that many individuals require a less strict and indifferent trial process, one that can address certain mitigating factors related to criminal behavior. As such, specialty courts have been created to handle
  • 80. specific cases and individuals where those mitigating factors have contributed to the criminal behavior. “Specialty courts handle cases where the defendant suffers from an underlying problem and will benefit from services directed toward solving that problem” (Pretrial Justice Institute, 2012, para. 1). Most of these specialized courts are part of a trend of community-based programs that target the root causes of criminal behavior, rather than simply determining the guilt or innocence of a defendant. One such development is that of drug courts, discussed in Chapter 8, which provide a more caring and compassionate approach to a criminal defendant who has a drug dependency or addiction. “The concept of the drug court is unique in that it creates a courtroom partnership centered on provid- ing rehabilitation that is individu- alized to meet each offender’s needs,” something that is not pos- sible in the traditional criminal
  • 81. court (Owen, et al., 2012, p. 366). Another specialty court that goes beyond what is available in a traditional criminal court is the Don Seabrook/ASSOCIATED PRESS/AP Images Drug courts provide an option for rehabilitation, specially catering to each offender’s specific needs. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights mental health court, which is designed to address the needs of offenders identified as hav- ing some type of mental illness. “The mentally ill are overrepresented in the criminal jus- tice system and often do not have access to the services they need, which can exacerbate offending” (Owen, et al., 2012, p. 287). Similar to drug courts,
  • 82. offenders in mental health courts are monitored through regular appearances before a judge, and the result is a more compassionate approach to those offenders with special needs. Domestic violence is an issue that involves numerous factors, many unique to the indi- vidual circumstances of the domestic relationship. “Domestic violence cases involving spouses and other intimate partners often entail complex processes that require careful consideration by the criminal justice system” (National Institute of Justice, 2012, para. 1). As such, domestic violence courts have been developed for judges to ensure follow-through on cases, aid domestic violence vic- tims, and hold offenders accountable, with the assistance of justice and social service agencies. By specializing in domestic violence offenses, these courts aim to process cases more efficiently and deliver more consistent rulings about domestic violence statutes. (National Institute of Justice,
  • 83. 2012, para. 1–2) All of these courts and special processes used in the legal system recognize that many criminal defendants need specialized attention to address the underlying causes of their criminal behavior. At the core of all of these specialized courts is the judge, who provides a strong focus on rehabilitation and deterrence. Corrections and Human Rights A major aspect of corrections is the enforcement of punishment to an individual who has been convicted of a crime. Although retribution is one of the basic premises on which pun- ishment is inflicted, an individual does not become less of a human being because of the commission of a crime. It can be a basic human instinct to inflict comparable pain on those who have inflicted pain on us; however, human rights require that individual dignity and humane treatment be at the forefront of any punishment given by the state. To provide fair and just punishment, especially for first-time
  • 84. offenders and those who have committed relatively minor offenses, numerous alternate sanctions, under the name of restorative justice, have been developed. Many of these alternative sanctions require the offender to take responsibility for his or her actions and to make amends and rep- arations to the victim and community. These sanctions are viewed as more restrictive than traditional probation, but less punitive than traditional incarceration. In keeping the offender out of prison, alternative sanctions are deemed to instill more humane and just punishment for these specific offenders. In other words, restorative justice is seen “as an alternative to destructive forms of imprisonment and a means in which offenders can be healed or rehabilitated,” as well as “an alternative to costly forms of imprisonment and as a means to ensure that offenders are made to account to victims and communities often through tangible forms of reparation” (Roach, 2000, p. 253). © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
  • 85. CHAPTER 9Section 9.3 Social Justice and Human Rights Day reporting centers, which began operating in the early 1970s, are a form of alternative sanction “used primarily for those offenders with substance abuse problems and who need social skills training” (Jones & Connelly, 2001, pp. 4–5). Because not all jails and pris- ons provide adequate substance abuse and treatment programs, these centers are viewed as providing a more just punishment for offenders with substance abuse issues because the available programs can directly target the abuse. “Programs at these centers include adult basic education, cognitive restructuring, community service, employment enhance- ment, intensive supervision, and substance abuse counseling” (Robinson, 2012, p. 164). In addition, being sentenced to a day reporting center “empowers the individual offender” by providing literacy courses, GED preparation, and anger management classes (Jones &
  • 86. Connelly, 2001, p. 5). Similar to the day reporting center is the halfway house, a community-based facility which “provides various educational and counseling programs in a setting that is more homelike and has greater freedoms than a prison or jail” (Owen, et al., 2012, p. 365). Although the programs offered are similar, inmates live at the halfway house, whereas the day report- ing center requires only a daily visit. Correctional systems also provide for basic human needs through medical and dental programs, as well as mental health and psychological counseling. Inmates, as humans, are entitled to have, at minimum, basic healthcare and provisions for advanced care of chronic or acute medical conditions, such as cardiovascular disease and diabetes. An additional provision to this level of care is to provide healthy diets—as well as nutrition education—for all inmates, regardless of medical condition. However, due to the close and constant interaction between inmates and correctional staff,
  • 87. provisions are also made for a healthy living environment, which include an emphasis on clean air and safety in living and work areas (Federal Bureau of Prisons, 2012a). In addition, female inmates are provided with additional ser- vices related to pregnancy and childbirth. As discussed earlier in the chapter, several states allow chosen mothers convicted of nonviolent offenses to live with their infants within the confines of the correctional facility for an average time of 12–18 months. Mother–child bonding is deemed an essential element to establish- ing a healthy relationship, one that can hopefully continue upon the mother’s release from prison. Other medical and psychologi- cal issues related specifically to female inmates are also provided to ensure that dignity, respect, and human rights are upheld, even in
  • 88. the harshest of conditions. Bettmann/Bettmann/Getty Images Some prisons allow nonviolent female offenders to care for their babies for a period of time postpartum so that the mother is able to bond with the child, thus increasing the likelihood of family solidarity in the future. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights Human Rights Violations by the Criminal Justice System In America, all citizens “are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Declaration of Indepen- dence, 1776). The Founding Fathers asserted that human rights were a given, something embodied in all citizens. However, it must also be asserted that individual biases, preju-
  • 89. dices, and emotions have an effect on one’s ability to uphold or violate those rights. Human Rights Violations by Law Enforcement Law enforcement officers are the first contact in the criminal justice system. This initial contact sets the tone for the rest of the system, providing either a positive or a nega- tive perception and experience. Since law enforcement officers have great latitude in dis- cretion, how they handle and process suspects, victims, and witnesses can have a huge impact on these individuals, and subsequently, on the community. Police brutality has existed for as long as law enforcement itself, but over the years, more and more statutes have limited the amount and type of force that may be used by officers. Even though limitations are present, there are still examples of violations of human rights by law enforcement officers across the country, with several instances emerging as major cases, spotlighting the tremendous power and control officers can yield.
  • 90. For example, several highly publicized cases of police brutality and misconduct occurred in the 1990s. In Los Angeles, California, in 1991, Rodney King became the personifica- tion of police brutality. King, an African American, was 25 at the time and was severely beaten by four white City of Los Angeles police officers. The beating included being tased, kicked, and hit in the head with nightsticks, causing multiple skull fractures, injuries to his neck, legs, and kidneys, and some brain damage. The four officers were charged and tried in state court for assault with a deadly weapon and excessive force. All were acquit- ted of the charges. The reactions by Los Angeles citizens to the verdicts included looting and rioting, during which time 45 people were killed as a direct result of the rioting. In a separate trial in federal court, all four officers were tried for violating King’s civil rights. Two officers were again acquitted, while the other two officers were found guilty and sen- tenced to 2.5 years in prison (Reid, 2001).
  • 91. The State of New York also witnessed two high profile cases of police misconduct and excessive use of force. In 1999, four white New York City police officers were acquitted in the shooting death of Amadou Diallo, an immigrant from Guinea. The four officers, dressed in plain clothes, suspected Diallo could be a wanted serial rapist and approached him as he stood in the doorway of his apartment building. As they identified themselves, Diallo pulled a wallet from his coat pocket. Upon doing so, the officers believed it to be a gun and opened fire, shooting a total of 41 times, 19 of which hit Diallo. Although it was revealed that Diallo was in fact unarmed at the time of his death, all four officers were acquitted of second-degree murder and reckless endangerment charges (Reid, 2001). Just two weeks after the verdict in the Diallo trial, New York City police officer Justin Volpe pled guilty to sodomizing Abner Louima, a Haitian immigrant, with a stick at a police stationhouse in 1997 and threatening to kill him if he reported the incident. Volpe
  • 92. received a 30-year sentence without parole, with other participating officers receiving var- ious sentences for additional charges. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights All three of these incidents show the most severe actions that can be taken by one person against another. And even though these types of cases receive national and international attention, and are not the norm in law enforcement, any human rights violations of this magnitude should never occur. “Although only a minority of police officers may be guilty of misconduct, any misconduct is serious and should be subject to discipline. Policies and pro- grams should be developed to avoid as much misconduct as possible” (Reid, 2001, p. 109). Ways in which the potential for human rights violations can be
  • 93. decreased include educa- tion and training in interpersonal communications, use of force alternatives, increased supervision of patrol officers, and sensitivity training. Training should occur on at least a yearly basis to ensure that all officers, as well as administrators, are aware of new statutes and policies, as well as new techniques in dealing with citizens, to guarantee that all those who come in contact with law enforcement are treated with dignity and respect. Human Rights Violations by the Court System The court system is charged with determining the guilt or innocence of a defendant, and with doing so in a fair and judicious manner. Research indicates that the court system is adept at processing defendants, as less than 8% of criminal convictions are reversed on appeal (Neubauer & Fradella, 2011). However, even with the effective processing of defendants through trial, one punishment in the court system stands in stark contrast to the protection of human rights—the death penalty.
  • 94. Currently, 33 states allow executions for those convicted of murder. The proponents of the death penalty argue that it deters crime, achieves justice, prevents criminals from commit- ting additional crimes while on parole, and is less expensive than maintaining offenders in prison for life. Opponents of the death penalty argue that there is no conclusive evi- dence that it deters crime and that it is wrong for the state to take the life of its citizens. They also argue that the death penalty is applied in a discriminatory manner, and that innocent people have been put to death through its use (Clear, Cole, & Reisig, 2013). The basic issue with the death penalty centers on the Eighth Amendment’s protection against cruel and unusual punishment. Is it a violation of this basic fundamental right if the government takes a life? To go even further, should a distinctly fatalistic punishment be allowed if there is a possibility that an innocent person could be subjected to that punish- ment? Probably the most widely identified case involving the possible execution of an inno-
  • 95. cent person is that of Cameron Todd Willingham, executed in Texas in 2004 for the murder of his children by arson. After his execution, forensic experts concluded that the evidence did not support the conclusion that Willingham started the fire (Clear, Cole, & Reisig, 2013). “In recent years, courts, governors, and legislatures in many of the death penalty states have acted to abolish or limit executions” (Clear, Cole, & Reisig, 2013, p. 515). The decline in support has come about mostly because of the 138 exonerations of death row inmates since 1973. The U.S. Supreme Court has also shifted its focus on the death penalty since it reinstated the punishment in Gregg v. Georgia in 1976. In the first decade of the 21st century, the Court made three landmark decisions. In Atkins v. Virginia (2002), the Court ruled that the execution of a mentally retarded defendant was unconstitutional. In Ring v. Arizona (2002), the Court ruled that juries, rather than judges, must make the decision to © 2013 Bridgepoint Education, Inc. All rights reserved. Not for
  • 96. resale or redistribution. CHAPTER 9Section 9.3 Social Justice and Human Rights impose the death penalty. In Roper v. Simmons (2005), the Court ruled that it is unconstitu- tional to impose the death penalty on a defendant who was under the age of 18 (a juvenile) when the crime was committed (Clear, Cole, & Reisig, 2013). In order to remove any violations of human rights in the state execution of inmates, the death penalty must be abolished completely. The criminal justice system, and by virtue the court system, is not exact. Mistakes, however unintentional, are made, simply because the system is processed by humans. Until the death penalty is completely abolished, there will remain the possibility for human rights violations. Even if only one innocent person is executed, that one person was made to suffer the most egregious violation of all human rights—the undeserved loss of life.
  • 97. Human Rights Violations by Corrections Inmates in correctional institu- tions and facilities are held behind fences and closed doors, unseen by the public and community for most of their confinement. Conse- quently, most of the public does not know what goes on behind the facility’s closed doors. “A fact of life in many institutions is unau- thorized physical violence by offi- cers against inmates” (Clear, Cole, & Reisig, 2013, p. 286). Many cor- rectional officers believe that to maintain control in this confined setting and among some of the worst criminal offenders, they must show a willingness to exert physical force whenever neces- sary. As a result, “in some institutions, authorized ‘goon squads’ comprising physically powerful officers use their muscle to maintain order” (Clear, Cole, & Reisig, 2013, p. 286).
  • 98. In some instances, the show and use of brute force by correctional officers leads to human rights violations. Because inmates are confined and not free to leave, officers are in a unique position to use force without the fear of retaliation or punishment. California State Prison at Corcoran has become synonymous with prison-guard brutality. From 1989 to 1995, dur- ing what has been called the “gladiator days,” seven inmates were killed and 43 inmates wounded by correctional officers using assault weapons to stop fighting between gang members. This constituted the most inmates killed in any American prison. What made the killings worse was the fact that guards actually initiated fights between rival gang members. In the end, however, the shootings were justified by state-appointed investiga- tors (Clear, Cole, & Reisig, 2013). iStockphoto/Thinkstock Because the public is not able to see what goes on behind the closed doors of correctional institutions, violations of
  • 99. prisoners’ human rights are likely. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Questions for Critical Thinking Another example of allegations of human rights violations of inmates occurred in 2004 when U.S. military personnel at Abu Ghraib were accused of mistreating Iraqi prison- ers. Pictures were released showing detainees being humiliated by being paraded naked and placed in sexually humiliating poses, while other allegations included beatings and threats of rape. Although these cases seem extreme, some have argued that conditions in U.S. prisons are not much different, with unknown numbers of inmates being “ill-treated, whether by officer brutality, neglect of medical needs, or administrative failure to prevent violent victimization” (Clear, Cole, & Reisig, 2013, p. 286).
  • 100. Inmates do not lose their rights to humane treatment when they pass through jail or prison doors. Although correctional institutions may be cold and harsh environments, correctional officers need to understand that inmates are human beings, and should be treated with respect. Of course, officers are expected to enforce rules to maintain order, but that enforcement must be aligned with department and institution policies and proce- dures, and must include a respect for human dignity. Education and training must occur on a continual basis in order to ensure that all officers are current on the most appropriate ways to effectively manage inmates while maintaining order and control. Chapter Summary The criminal justice system as a whole, and criminal justice practitioners individually, are in a unique position to have both positive and negative influences on individual lives. It is imperative that criminal justice practitioners,
  • 101. throughout law enforcement, courts, and corrections, understand their impact on the citizens they serve, while striv- ing to ensure that all citizens are treated with respect and dignity, and that all citizens are valued as human beings. Questions for Critical Thinking • Explain the concept of equality. What are some examples of how the criminal justice system provides equality for citizens? What are some examples of how the criminal justice system hinders equality for citizens? • Explain the concept of solidarity. What are some examples of how the criminal justice system provides solidarity for citizens? What are some examples of how the criminal justice system hinders solidarity for citizens? • Explain the concept of human rights. What are some examples of how the criminal justice system provides individual human rights for citizens? What are
  • 102. some examples of how the criminal justice system hinders individual human rights for citizens? © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 9Key Terms Web Links Women’s Prison Association: http://www.wpaonline.org/ Commission on Accreditation for Law Enforcement Agencies: http://www.calea.org/content/commission National Night Out: http://www.nationaltownwatch.org/nno/about.html Center for Economic and Social Justice: http://www.cesj.org/thirdway/economicjustice-defined.htm Office of the United Nations High Commissioner for Human
  • 103. Rights: http://www.ohchr.org/EN/Pages/WelcomePage.aspx Key Terms color of law When a person who has a legal authority granted by a government body acts within the scope of that legal authority (i.e., a law enforcement officer affecting a legal arrest). Due Process Clause A provision in the Fourteenth Amendment that makes most of the criminal procedural rights contained in the Bill of Rights applicable to the states, in an effort to ensure fairness under the law. Equal Protection Clause A provision in the Fourteenth Amendment that requires states to provide equal protection under the law, without discrimination. © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. http://www.wpaonline.org/
  • 104. http://www.calea.org/content/commission http://www.nationaltownwatch.org/nno/about.html http://www.cesj.org/thirdway/economicjustice-defined.htm http://www.ohchr.org/EN/Pages/WelcomePage.aspx © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 2 Typical Sections of a Research Paper Learning Objectives After reading this chapter, you should be able to: • Outline the general structure of a social and criminal justice research paper, and dis- cuss the content included in each section.
  • 105. • Demonstrate the necessary attention to detail with the supplemental materials pre- sented throughout the paper (figures and tables) and at the end of an APA-formatted paper (references and appendix), and be able to create a references section. Clerkenwell/The Agency Collection/Getty Images © 2013 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. CHAPTER 2Section 2.1 Overview of a Research Paper The CRJ 422 Capstone project (research paper) can be described as research review because it presents and evaluates previously published research. In the research paper, the researcher will present a thesis statement and provide a review of previous literature and studies on the topic. However, researchers are also engaged in original research, con-