Running head: PURSUING CRIMINAL JUSTICE OUTLINE 1 Pursuing Criminal Justice Outline Juan Malfavon CJA/483 v2 October 21, 2011 Albert Mendoza M.A.
PURSUING CRIMINAL JUSTICE OUTLINE 2 Outline I selected the component of policing to develop a personal broader knowledge of the firsttier in the criminal justice system. I believe that justice relates to an arrest against the criminalcommitting the act of a crime against another individual, and that the criminal must pay thevictim and society back for the act of the crime through the retribution process as legally setforth in current laws according to the crime committed. The three current practices of the component that demonstrate the successful achievementare (1) The investigation process that allows for a sure measure of evidence to be gathered, (2)The detention of the criminal during the investigation to ensure that the individual does notcommit other crimes during the investigation and (3) the formal arrests of the criminal andcriminal proceedings to try the criminal once evidence in place to ensure that the individual wasnot wrongfully detained or charged. There have been several significant changes that law enforcement agencies haveundergone since the September 11th attacks on the United States; they are (1) the moneylaundering transmittal business and related hawalas (Fact Sheet: The USA Patriot Act - AProven Homeland Security Tool, 2005). That permit for the identify and tracking of moneybeing laundered more easily by identifying transferred sums of money that are ten thousanddollars or more to be reviewed by the FBI and to place a tracking process on the originations ofthose funds. (2) Readily available information through federal channels on people to lawenforcement personnel and federal organizations like ICE, FBI, CIA, DHS, and the ATF. (3)More money for technologically improved communication equipment and a larger budget forpersonnel and crime fighting equipment. Even with more money and communications sharing programs like the Patriot Act, I
PURSUING CRIMINAL JUSTICE OUTLINE 3believe the three biggest challenges in the next 10 years for the law enforcement community willbe (1) to develop multicultural training programs that will enable the hiring of more non-Whitecitizens to handle the ever growing population of multicularism in the Unites States. The 2ndchallenge will be to implement a training program that will develop personnel who will put asidepersonal biases toward other races and do his or her job with professionalism and treat everyoneas equal. The 3rd challenge will be to establish a program by where every law enforcementagency will act and be trained in the same manner nationwide so that Americans will be treatedwith the same fairness and dignity regardless of the state, county or city in which he or sheresides. Prior to learning about law enforcement programs and how they correlate with the public,I used to think that justice was a thing of the past or only for affluent people, but after learning ofhistorical events that have benefited people through the common law system used in the UnitedStates, I have a better sense of justice and how justice actually applies to everyone in the UnitedStates, even undocumented people have a life line to justice in the United States. During my reading assignments I realized that justice is not just a word, but an actualevent that takes time to develop to ensure that the handing out of punishments is commensuratewith the crime. "Justice is the ligament which holds civilized beings and civilized nationstogether," said Daniel Webster at the funeral of Justice Joseph Story, in 1845, Kirk, R. (1993). The common law system allows people to expect certain outcomes on the degree of his orher own personal case and how it applies to everyone regardless of social status. I intend tocommit to a professional ethic based on fairness and not on a person’s clout in society; I hope toachieve a firm understanding of the level of education I am receiving. I believe that I will have abetter grasp of justice and hope to meet the expectations that will be entrusted to me as I did
PURSUING CRIMINAL JUSTICE OUTLINE 4when I was a United States Marine Officer, I will continue to hold my faith in God and in mycountry and the values that have made America a beacon of hope for people of many countrieswho come here for a better chance at opportunity, freedom of choice, religion, and life. The reason American law works so well is based on simple practices of law which enablea crime to be solved with some expediency and fairness to both parties involved, they are (1) theinvestigation process that is more thorough today thanks to the advancements of technology andbecause information sharing is more cohesive within governmental law enforcement agencies (2)The detention of the criminal during the investigation makes research more formidable becausethe criminal cannot move about and cover his or her tracks (3) The formal arrests of the criminaland criminal proceedings allow for the prosecution to substantiate the crime in question and toprocess the criminal according to common law procedures Unfortunately; not everyone agrees with the current laws and statutes that defineAmerican Justice because not everyone thinks the same, some people like to live in a perfectworld where there is no evil and nothing ever goes wrong, but these are the same people whoalways come out and complain about crime not being reduced when he or she is the victim. There will be a few people that will cry out “foul” because that is the nature of people,and not all people think the same nor are they on the same sheet of music when it comes tojustice or crime prevention, but for the most part everyone does want justice to be handed out orcontrolled in a fair manner. For example some changes provoked by 9/11attacks are (1) the passage of the USAPatriot Act on October 25, 2001; (2) the president’s executive order issued November 13, 2001,authorizing detention and military trials for non-citizens suspected of terrorism; (3) the creationby presidential order in May 2003 of the Terrorist Threat Integration Center (TTIC), an
PURSUING CRIMINAL JUSTICE OUTLINE 5interagency body with participants drawn from the Department of Homeland Security, the StateDepartment, the Defense Department, the FBI, the Department of Justice, and variousintelligence bodies; it reports to the director of the Central Intelligence Agency Fact Sheet: TheUSA Patriot Act - A Proven Homeland Security Tool. (2005). Even though these changes havehelped t odeter many terrorists crimes, there are still people that argue that the Patriot Act is abad tool for government to have because he or she feels that this tool gives government too muchpower that will go unchecked like the power that Edgar J. Hoover had during his reign as CIAdirector. These new law changes can be seen as positive and negative, depending on theperspective of freedom that an individual has. Some people see it as an infringement on theirrights and others don’t. "Terrorists exist to obviate and overcome all the physical barriers put intheir place," said Bruce Hoffman, a former adviser to the National Commission on Terrorism andthe vice president for external affairs at the Rand Corp Fenoglio, G., Frater, E., Gorman, S.,Heath, E., and Murray, M. (2001). What I believe he meant is that Terrorist or simple criminalswill do whatever he or she can to cross the line of the law and to get away with crime. It is inthis context that laws need to be changed, developed or improved to protect its citizenry. I believe these changes are worthwhile and necessary because of the ever increasingterrorism warnings against non Muslims and people who just don’t commit crimes worldwidebecause laws are broken by bad people, and made to keep good people in line. As the fanaticsget more brazen with their terror plots and recruiting of home grown terrorist increases, so tooshould we increase the laws, regulations and programs to help fight this disease known asterrorism and to stop criminal minds in his or her tracks With the implementation of new laws, more specifically with the Patriot Act many people
PURSUING CRIMINAL JUSTICE OUTLINE 6felt that his or her personal rights are being violated because of the Patriot Acts ability to easedrop on phone calls and to review banking information on anyone, so there has been legislationenacted to repeal the Patriot Act in its entirety and also to keep parts of the act in place. Some ofthe actions put in place to overcome this resistance are Legislation efforts to help meet thedemands of those that would have no Patriot Act at all, and those that deem the Patriot Act anecessity to the safety of the nation. According to Fenoglio, G., Frater, E., Gorman, S., Heath, E,and Murray, M (2001) The challenges for counter-terrorism efforts inside U.S. borders willlargely be ones of balance: cost versus benefit; freedom versus security. Some of the proposals that could conceivably do the most to stave off terrorist attackswill also be the most controversial and will prompt objections, on moral, and civil libertiesgrounds. What this really means is that keeping security and safety within U.S. borders willcontinue to be an issue for those that would like to see fewer restrictions on individual rights. These legal changes occurred because of an event like 9/11 but there were other eventsprior to this horrific action by an unknown enemy like the bombing of the U.S.S. Cole and theinitial bombing of the world trade towers in 1993. These events took place because the currentfederal law enforcement agencies such as the FBI, CIA, DEA, and other governmentalorganizations were not communicating information that would have linked events, criminals, andactionable data that would have deterred these crimes. According to (Smith, 2004) The efforts tofacilitate information sharing are warranted because investigators have now shown that, hadthere been sufficiently effective systems for data sharing and assessment in place, the September11 attacks probably would never have happened. This form of data sharing between agencieswill be an essential part of combating crime. The challenges that will be faced by this nation will come from several venues but most
PURSUING CRIMINAL JUSTICE OUTLINE 7importantly from multicultural issues in handling individuals of differing faiths and culturaldiversities because so many people today come from so many different back grounds andreligions. It will be difficult for any peace officer to simply speak to any American, because ofthe language issues and religious or ethnic differences that will make a person feel that he or sheis being threatened or just bullied by police because so many people in America today do notassimilate nor are they expected to assimilate because it would be seen as a cultural attack on hisor her religion or custom. This lack of requirement toward traditional United States etiquette and assimilation willcertainly be the down fall of the American way of life; as more time passes without requirementsfor language, borders, and United States culture. I believe that the future of law enforcement will become more strategic in nature due tothe overwhelming amount of cyber crimes and levels of theft that are emerging within the UnitedStates and other countries, as information sharing becomes easier for law enforcement agenciesso too, do crimes of pornography, embezzlement, identity theft, human smuggling, terrorism, anddrug trafficking become easier for criminals. .
PURSUING CRIMINAL JUSTICE OUTLINE 8 ReferencesFact Sheet: The USA Patriot Act - A Proven Homeland Security Tool. (2005). Retrieved http://www.dhs.gov/xnews/releases/press_release_0815.shtmFenoglio, G., Frater, E., Gorman, S., Heath, E., and Murray, M. (2001). Proposals to combat terrorism would change Americans’ ways. National Journal, Government Executive. Retrieved from http://www.govexec.com/dailyfed/0901/092101nj2.htmKirk, R. (1993). The meaning of justice. Lecture on poverty and inequality. The Heritage Foundation. Retrieved from http://www.heritage.org/research/lecture/the-meaning-of- justiceSmith, R. M. (2004, spring). Arraigning Terror. Dissent magazine, (), 39-44. Annual EditionsCriminal Justice 09-10 33e Article03.