The document discusses two topics: 1) Ethical concerns regarding supranational courts that influence U.S. reluctance to ratify the Rome Statute, including fears that the U.S. military could be prosecuted. 2) Factors that can impede judicial independence, such as media influencing cases and judges having personal interests. The response agrees the military prosecution concern is valid given its global presence, and says media can sway cases while judges should consider only facts of the specific case.
Week 6 Discussion 1The Courts and Legal Professionals Pleas.docx
1. Week 6 Discussion 1
"The Courts and Legal Professionals" Please respond to the
following:
· Examine at least two (2) ethical concerns surrounding
supranational courts that may have an influence on the United
States’ reluctance to ratify the Rome Statute. Express the extent
to which you agree these ethical concerns are valid. Provide
support for your response.
· According to the textbook, judicial independence is a driving
principle in the court system. Determine at least two (2) factors
that can impede this principle and debate the extent to which the
court system can overcome each factor.
Please also reply to the student
Stephanie Little
RE: Week 6 Discussion 1
Supranational courts are judicial mechanisms that direct judge’s
decisions across international borders and supposedly have a
higher legal standing than decisions of courts in individual
countries and they are part of a larger trend to promote global
human rights and global justice. Supranational courts serve to
help provide individual citizens who have exhausted all their
legal means of redress but feel they have been wronged by the
justice system in a particular country and they hold those
responsible for international law violations to a higher standard
than are present in domestic courts. The Rome Statue is an
international treaty binding only on those states that formally
express their consent to be bound by its provisions. Clinton
administration signed the treaty in late 2000, but the Bush
administration immediately “unsigned” it in 2001. After they
“unsigned” the treaty U.S. congress passed American Service
2. Members Protection Act, which prohibits American Cooperation
with the ICC. This authorizes the president to use military force
against the court if it attempts to prosecute an American
Citizen. One of the main concerns against the ICC is the fear
that the U.S., being as powerful as it is, and with military
present throughout the world would be vulnerable to
prosecutions. Obama took a different route with this treaty
stating they will work with the ICC on prosecution on certain
matters. The ICC also prosecutes against a panel of judges that
could be walking a fine line of violating the 6th amendment.
This is not exactly giving the rights to an accused person in a
criminal case, if a panel of judges within that country are
reviewing your case. When in the U.S. they have the right to a
jury trial. I do believe these concerns are valid, especially with
the military. The U.S. military is everywhere, like previously
stated, if they could be prosecuted in another country they
would become more of a target then they already are.
One huge factor that will/can impede this principle is the media.
The media will take one small statement they heard and run
with it. Then it turns into something else and so on. During
larger trials the jury is sometimes not allowed to review the
news or any forms of media, due to possible swaying of the
case. This keeps the case to only what is heard inside the court
room and the facts. Another factor is personal interest in the
case. The judge should only use the facts presented in this case
and this case only. Do not review or compare to past cases or
when this was done this was the result. Stick to only the facts
presented before him within the court room that day.
Dammer, H., & Albanese. J. (2014) Comparative Criminal
Justice Systems. Belmont, CA: Wadsworth Cengage Learning.
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3. Week 6 Discussion 2
· 5
"The World of Correctional Staff Versus Inmate" Please
respond to the following:
· Analyze the following goal of correctional staff member “…to
give inmates the opportunity to develop a positive lifestyle
while incarcerated and to gain the personal and employment
skills they need for a positive lifestyle after release,” and
recommend one (1) action that correctional staff can take in
order to achieve this goal. Provide a rationale for your response.
· From the e-Activity and the text, compare the number of
incarcerated female and male inmates. Examine the
characteristics of the offenses that each gender commits most
often. Provide your opinion as to whether one’s gender
predisposes him or her to a particular type of crime.
Please also reply to the student
Jeannie Holland
RE: Week 6 Discussion 2
The World of Correctional Staff versus Inmate
The correctional agency has the obligation of offering an
opportunity to all the prisoners to increase positive lives while
under incarceration while gaining personal as well as practical
working skills to exist a desirable life after leaving prison
(Pates & Riley, 2012). However, this goal is rarely achieved as
most of the correctional staffs tend to focus more on penalties
rather than change and development. It is the environment that
the staff’s client that determines what the inmates become after
being released. In order for the staffs to promote positive life,
personal change, and practical skills I would recommend that
they focus on rewarding those that strive to change in order to
encourage others to strive higher. In addition, they should
incorporate coaching and mentorship with rewards so that the
4. inmates can be motivated to change and adopt positive living
styles that will, in turn, discourage criminality. This action is
effective as coaching seeks to change their mindset and develop
a more positive approach towards matters (Pates & Riley,
2012). This can be essential in creating sense and permitting
them to choose and those that strive more can be rewarded.
The number of male inmates is very high as compared to that of
females with a representation of 93.2 percent and 6.8 percent
respectively (FBP, n.d). Male are mainly sentenced for crimes
related to drug, robbery and sex offenses. This is some of the
crimes that are considered to be particularly aggressive and are
associated with the highest sentencing period. On the other
hand, women are mainly sentenced for offenses related to
miscellaneous, domestic violence, drug. These crimes are less
violent and are associated with less severe sentencing. In my
opinion, one’s gender influences the particular crime that they
commit (FBP, n.d).
References
Pates, R., & Riley, D. (2012). Harm Reduction in Substance Use
and High-Risk Behaviour. New York, NY: John Wiley & Sons.
FBP. (n.d). Federal Bureau of Prisons. Inmates Gender.
Retrieved from
https://www.bop.gov/about/statistics/statistics_inmate_gender.js
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