Sunday, October 16, 2016

CRIMINAL JUSTICE 220 - WEEK 10 - DISCUSSION 10

Applying Ethics
Read the article titled “Seven Prima Facie Duties”, located at http://www.ehow.com/info_8112361_seven-prima-facie-duties.html. Select the two (2) duties identified by Ross that you believe are most critical to law enforcement officers and their responsibilities to citizens. Provide the rationale for your choices.

The two duties that I feel are most critical to law enforcement officers and their responsibilities to citizens are as follows:

1. Justice as Fair Redistribution
2. Non-Malfeasance to Prevent Injury to Others

The reasons why I chose Justice as Fair Redistribution is because I feel that it is an integrious step and also that it is imperative to render fairness to all. Further that rewards for contributing to help society overall should be recognized and used as a facilitator to grow further benefits and better behavior. As a positive stimuli it can only change mindsets and alter behavior to a more approachable level because when dealing with people good is always reciprocated back and is an enemy of bad. Therefore, the ends justify the means and cause radical positive changes.

The reasons why I chose Non-Malfeasance to prevent injury to others is because I feel that officers should be able to gauge a situation internally that will keep self safe, onlookers, or players in the act.

Using empathy and respect will always render or relay the correct response since it allows clear vision to interpret their feelings situational background and that they are valued members of society. Further by educating self this exposes and uplifts the inner conception when taught about social inequality and poverty. It also allows brief glimpses in hidden life and the sorrows and trials of people and thereby increases awareness and carefulness.

After reading the article, compare and contrast at least two (2) of the seven (7) prima facie duties as outlined by Ross with the moral theories of Aristotle and Immanuel Kant.

Both Justice and Non-Malfeasance are very positive because the treatment that is given can alter mindsets that reflects either for the good or bad. It is good when both can act as a facilitator to even out disagreements, usual expectation, stereotypes or just bad experiences and cause support levels to increase.

In contrast, Justice will allow levels of fairness whereas Non-Malfeasance is concerned with not causing personal injury or doing a deliberate act to harm someone else. By maintaining both they equivocally round the person.

Thank you.

Felicia

Response to Professor

The Prima facie duties highlight the importance of the officer's relationship with the community. but what if the community is broken? This is a current article on gun violence in Chicago, with statistics that may surprise you from other big cities. http://www.cnn.com/2016/09/06/us/chicago-homicides-visual-guide/index.html

Chicago has been in the news, but how about Detroit

Yes, there is an article posted at http://www.metrotimes.com/Blogs/archives/2015/04/01/detroit-homicides-up-nearly-25-percent-in-first-three-months-of-2015.

After looking at this article there is a huge difference in the amount of the populace. Over population is sometimes a reason for high acts of criminality and homicides. Chicago has a population of 2.7 million compared to Detroit's 688,000.

Based on this article the rates of homicides put Detroit as a contender at 44 homicides per 100,000 residents. This is still an unacceptable rate. All life is precious. Unfortunately, it does not pinpoint if the homicides were done by gun violence.

Life is different and treachery is everywhere. My only protection is my Father God and to help as many people get educated and hopefully alleviate some of this conflict with my website: feliciaswritingjournal.blogspot.com

I really feel that more education will facilitate more civility and tolerance.

Thank you.

Felicia

Response to Co-student

I agree that having a good rapport is a positive thought but unfortunately familiarity breeds contempt. A professional attitude will restrict and prevent the thought you will compromise your duty. Acts of beneficence are already being done when you are patrolling the streets to keep all safe.

Being apologetic and sympathetic to those who have suffered is always a positive when dealing with the public but always keep up boundaries.

Thank you.

Felicia

Request by Professor

You need to be more specific about Aristotle's and Kant's theories.

Response to Professor

Kantianism is concerned with actions and not the consequences which is Aristotelian Virtue Ethics. Aristotle is concerned with reasoning that is used in facilitating and making choices. Because both are intricately woven separation is near impossible for actions are based on reason and these are parallel as a complement to Prima Face Duties.

Thank you.

Felicia


CRIMINAL JUSTICE 220 - WEEK 9 - DISCUSSION 9

Critical Ethical Thinking and Law Enforcement
Read the article titled “Ethics in Law Enforcement and Policing: What the Public Expects From Police and How Officers Can Deliver” located at http://criminologycareers.about.com/od/Career_Trends/a/Ethics-In-Law-Enforcement.htm. The article suggests that there are three (3) tests that can help officers with the ethical decision-making process. Discuss which one (1) of the three (3) methods you believe is the best guide for officers for ethical decision making, and provide a rationale for your choice.

Three tests that can help officers with the ethical decision making process are critical thinking test, the media test and the gut test. Of the three, critical thinking in my opinion would help facilitate a good gauge of a scenario because it allows an overall internal snapshot and allows conclusive and sharp analysis to be done quickly and fast.

Further these points are going through your mind, first is it loyal, what is the end and will it be a good turnabout, options to achieve the same end, will my decision contradict a law or undermine a taught principle, will the means violate an ethical principle even though I achieve the end and lastly will my decision cause an upheaval that will reflect badly for myself as a policeman or the police force.

As a model policeman or policewoman it is uppermost of importance to try to act with integrity and discipline to be a true representative of the law and offer support to the populace in every legal regard.

The article suggests that there are values that are universally held by society. Of those values mentioned in the article, determine which three (3) you believe are most important for law enforcement officers to have, and explain your rationale.

The three values that I believe are most important for law enforcement officers to have are as follows:

Integrity
Justice
Bravery

I feel that if law enforcement has these values then they would be able to branch out and evolve to other levels or values because these three are a significant base or building block. Further being a representative of the police will always allow growth and willingness to evolve and be a credit and not a hindrance or burden.

Thank you.

Felicia

What does the class think of Kaepernick's actions (he sat for the National anthem)? Does it highlight a problem and encourage a needed conversation, or does it do the opposite?

Response to Professor

In response to his actions, I feel that he should act and react like every American. As in Rome do as Romans do. By following this suggestion - insults imagined or intended are defused when customary behavior is done. Acting outside of norms will always cause confusion, anger and misunderstanding.

Thank you.

Felicia

Response to Co-student

Irregardless to the pay "what you get is not what you get for the pay" in explanation a quality job done with finesse and "thinking" is always worth the pay and a test of what you have as an employee (police) and what you can handle.

Coping out is just what it is - a loser's game.

Suggestion - Do the job right the first time!

Thank you.

Felicia


CRIMINAL JUSTICE 220 - WEEK 8 - DISCUSSION 8

Virtuous and Vicious Acts in Law Enforcement
Read the article titled “When Not to Arrest an Abuser in a Domestic Violence Case,” located at http://time.com/12682/when-not-to-arrest-an-abuser-in-a-domestic-violence-case/. Next, explain the two (2) factors that you believe would be the most critical for police to consider before making an arrest in a domestic violence situation.

The two factors that I believe would be most critical in making an arrest in a domestic violence situation is as follows:

First Factor

Suspect has a record of violence, series of arrests depicting criminal activity and incarceration, psychological profile if available.

Second Factor

Victim has been severely injured, threat of life death scenario, suspect is raving, enraged and showing high emotional disturbance and threat to victim, on intoxicants.

After weighing of circumstances does this scenario meet the good consequence test or not? Would the action be a prevalence toward doing duty or would a stage of negligence be done if the situation merits corrective action needed and it is not?

If the scenario reflects that a good consequence can be established by arresting the suspect then it should be done. Next, per the action done the duty of arrest has been fulfilled in order to not be negligent and provide corrective action. As per correction, the situation has been gauged as dangerous and has revealed that domestic assault has been done and not domestic violence which allows a fifty-fifty call of arrest or not.

Domestic violence would have to be judged as slight physical contact, e.g., a slap, a shaking, a shove, not life threatening.

Domestic assault would have to be judged as intense physical contact, e.g., debilitating injuries, broken ribs, severe bruising and lacerations, throttling or strangling, beating with anything classified as a concealed weapon, possible life threatening and anything of nature that is intense enough to cause fear of life and should be circumvented, charged based on report and condition of victim.

In order to facilitate a decrease in violence or assault corrective actions of the laws and their intercession need to be done. Justice should never be viewed as ineffective or soft-handed when dealing with criminal levels of misdeeds. Further, impartiality is to be leveled and immersed when dealing justice with accountability and temperance when processing an offender.

Furthermore, arranging a meeting with Victim-Offender Reconciliation Program to provide restorative justice to offset or defuse a dangerous situation if it appears domestic violence was done to alleviate and separate and cool a volatile situation. Otherwise, a situation that reflects domestic assault should be gauged with the suspect arrested with a PPO issued to try to provide protection for the victim. Relocation may be necessary.

The article suggests that the criminal justice system may not be the best place to deal with domestic violence misdemeanors. Indicate whether you believe these domestic violence situations should be handled by the criminal justice system or by some other social service organization.

Provide at least one (1) example to support your opinion.

Criminal Justice primary goal or criteria is to protect the populace. The populace includes women (females) who are primarily the victims of domestic violence or domestic assault. Because a female is severely disadvantaged physically to participate in hand-to-hand combat or any type of physical altercation she is the victim that needs assistance. Further as such a record of this transgression should be kept on file whether considered a stigma to the offender or not. Also, the level of violence should be moved from misdemeanor to felony.

In cases of severe physical assault a social organization is not capable of assisting, defusing or culminating a scenario of this magnitude. For example as follows:

The police receive a call from neighbors that an act of ensuing violence is occurring. All witness a male (indiscriminate color or race) beating a female (indiscriminate color or race) with a long wooden stick and she is laying motionless while he is continuously striking her. The police arrive – she is unconscious and breathing shallow – along with the police the ambulance arrived also to provide assistance. Due to her lifeless state, the suspect and attacker is arrested. Questioning reveals he is her boyfriend.

What do you think should happen to him? Is this domestic violence or domestic assault?

As per my interpretation the category of Domestic Violence need to be expanded and broken down into separate categories I listed above in order to gauge a situation correctly that might save a woman’s life. Further, as such in my opinion he should be charged with assault, possible attempted murder, processed and given some time in prison.

Thank you.

Felicia

Response to Co-student

I disagree V. with the arresting of both...in my opinion the aggressor (initiator) should be arrested only if it has been ongoing then maybe co-arrest can be done to try to cool the situation.

I agree with your points on the class for both...it may facilitate protection when knowledge is learned how to defuse a situation.

Thank you.

Felicia

Response to Co-student

I agree with your points but reserve the right to state that violations of law should always be ran through the Criminal Justice System.

Further, I feel that extremely violent domestic scenarios should be judged as assault and pursued as that.

Thank you.

Felicia

Response to Professor


RE: Here is a video on when No means No. Is this effective? http://www.youtube.com/watch?v=pZwvrxVavnQ

The problem with the "she consented" is that it is her word against his. Unfortunately, due to a woman being treated in a discriminated fashion "no" seems to have no effect.

If the person is unconscious or conscious "no" should be automatically assumed due to good social norms and manners.

Thank you.

Felicia




CRIMINAL JUSTICE 220 - WEEK 7 - DISCUSSION 7

The Ethics of Duty, Rights, and Terrorism
Read the article titled “A Moral Investigation of Torture in the Post 9.11 World,” located at http://vc.bridgew.edu/cgi/viewcontent.cgi?article=1165&context=undergrad_rev. After reading the article, explain one (1) situation where you believe that torture would or would not be justified in order to prevent a terrorist act in the United States.

Acts of Terrorism

Symbolic and immediately comes to mind is the act of terrorism on the United States on September 11, 2011. As per this savage display of aggression and hate this brings the state of matter to the level of highest security and that is how do we interrogate a terrorist? What is suggested is torture to facilitate a means.

The first consideration is what is torture:

Torture is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession (Hamm, 2007).

After quick reading and perusal the act of torture is being debated whether it is an act of morality or immorality if facilitated and conducted. Torture being conducted in itself will not be a preventor if a suspect(s) is determined to commit an act of terror in or against the United States.

What stands to reason is that the insolubility of pinpointing with absolute correctness is what hinders the conducting of torture and clear actuality of identification is clarified and clear. If considered by maxim this would conclusively determine if it is processible and preventable and affectively consider the morality of the act. Therefore, if we conclusively allow torture to deflect terrorism then we would be making a point to establish a mute issue that has no defensible stance.

As such, the ideology of torture is considered but ineffective as it would also affect the state of universalism. Universal law would never meet the stage of means because using torture on suspects would not allow an end or categorically bind the principles of fairness to distribute torture as a flagrant flag of disallowance of terrorism.

Further, as conclusive the distributing of torture to terrorists is conditional but can it be an universal law that has captured all and such facilitates a utilitarian viewpoint and stance. Torture when considered as supportive to utilitarianism is a remarkedly negative consequence and is for the greater good morally. Because it is a preventative and a determinant factor in preventing another act of severe terrorism in this country subsequently the means will be satisfied and the ends finalized.

According to the article, rendition is “the system of sending captives to other countries with less progressive human rights standards in order to interrogate them more aggressively.” Discuss whether you agree or disagree with this practice, and explain your rationale.

The act of rendition is interesting because it allows another country to act on behalf of the United States pretty much like proxy. Unlike proxy, another country is not able to act in total agreement with the restrictions that are in place in the United States. Their methods of torture may be extreme to dangerous and cause any solicited or wanted confession if the level of torture is at the maximum or is considered disagreeable or too severe and not based on taught techniques of this country.

By becoming a party to rendition, the United States is unfortunately a party to possible stripping of human rights, dignity and protection provided by this country where they have sought asylum. Because of this, questioned will be law enforcement officials right to torture, whether the stages of morality are considered and if the act itself will result in the desired end or as Kant expresses “That one cannot use another human being simply as a means (Kant, 1993).”

In conclusion, I agree that the act of torture is non-facilitating in purpose but active in being a deterrent if controlled and monitored by this country.

Thank you.

Felicia

Question by Professor

What exactly do you mean by "soften them up"?

Response to Professor

(The Constitution prohibits "cruel and unusual punishment" i.e. torture (8th Amendment)).

The purpose of "soften them up" is torture and an intentional intimidation: deprivation, physical restrictions and psychological infringement. This methodology is a conditioning warfare tactic and allows near compliance when finished. As such, the physical and the psychological become of almost equitable in damage.

Thank you.

Felicia

Response to Co-student

I agree with your post as representatives of the security this country is more than able to obtain the confession by interrogation of the suspects ourselves. Depending on another country to work and move on behalf of this country shows a position of weakness, incapability and lack of power. It acts as an act that is in itself a knife in our own back. Further they have rights that protect them as well as the interrogators. Consequently, we represent the right of a just nation.

Thank you.

Felicia

Response to Professor

The article discusses how the psychological balance can be changed, altered and therefore supports that the reason why young girls would find a cult to be first a fascination, next an organization to provide the supportive they need to imitate security, dedication, devotion, exclusivity, fellowship, closer than family. Further it is the phenomenon behind young girls running away because it is substitution and a facilitator to gaining their wants and fulfilling their desires. Reasons why there is alteration in behavior is because there is an obsessed level of behavior that is being exhibited and as such the "Brides of Isis" is not the only conclusive cult that exists there are other ruinous levels of psychological attacks, invasionary ploys that draw in insufficiently disabled youth that conceals the hidden agenda.

Psychological persuasion becomes number one then compliance, agreement, then destructive acts when the motive has been fulfilled, concluded and then extradicted when discarded.

Thank you.

Felicia

https://www.psychologytoday.com/blog/sideways-view/201402/why-do-people-join-cults




Tuesday, October 4, 2016

CRIMINAL JUSTICE 220 - WEEK 6 - DISCUSSION 6

Means versus Ends
Read the article titled “Ends Justify Means Every Time”, located at http://www.officer.com/article/10232601/ends-justify-means-every-time. Next, explain at least two (2) critical decisions you may have to make during your chosen career in criminal justice.

Two decisions, I may have to make in my chosen career as a Criminal Justice educator would be is to not put emphasis on the teaching of my students the act of deception in the questioning of suspects. Although, the consequential results are what the questioning and examination is being done and processed for. Inherently wrong is the proposed use of trickery and deception to trap a citizen or suspect to plea bargain for an act that he or she may have not committed.

As a facilitator to ensure the correct and applying of the law the duty of the officers are not to coerce an acceptance from any suspect(s) that do not know their rights or understand the subsequent consequence of submitting due to intimidation. Although, the goal is to uphold all principles of the law even though utilitarianism is a factor to be considered it still does justify unequivocally that the neutral ground of officers should not be compromised and become “Dirty Harry”.

Ethical egoism does not figuratively develop into a fraction of self-interest when the process of interrogation is performed in a professional fashion with indifference to race, etc. In cases of diverse scenarios the paternalistic approach is unnecessary because the logistics of analysis of applying applicable questioning is uppermost in the prevalence of securing a correct and proper process to ensure that the correct sentencing will be allowed, correctly applied and secured.

Therefore, since this process is a very intimidatory facet that can lead to severe sentencing it is always necessary to not railroad a suspect due to bias, racism, and lack of objectivity. Also, the quota or expense should not be a facilitator in determining who should be incarcerated in prison if the process has been corrupted.

The goal is to be a “good” officer that cannot be tempted by “outside kudos or gratuities” and who can look at the Noble-Cause Corruption status with a despised look. The subjugation of a defendant’s right is the first step that shows that corruption is readily evident and prevalent and reflective of social hedonism.

Further, the process I will be instilling within new officer is “no” to all temptations when it is reflective that submersal of good would allow the evolving of a “good cop or officer” going bad and the discard of moralistic ethics.

Secondly, ways to further eliminate deceptive practices during interrogation will be explored and utilized in scenaric episodes where interactive questioning will help broaden experiences and provide input as to why or question the reason a hit all the time should indicate they are the greatest crime fighter of all time. Emphasis on relaying to interrogation officers that suspects rights are a fragile commodity and as such they should be approached with correct actions as well as caution.

Further, my purpose in this field is to be correct and regulate truth, honesty, integrity, dignity, as well as be fair during my career tenure and help instill the same in others with a neutrality to foil bias, discrimination, racism, etc.

Based on the article, decide whether you agree or disagree with the statement, “Any compromise between good and evil only hurts the good and helps the evil.” Discuss one (1) situation where this would or would not be true, and explain your rationale.

Based on the Article “Ends Justify Means Every Time” the statement “Any compromise between good and evil only hurts the good and helps the evil” in as far as the using of deceptive practices to ensure a collar or arrest this statement is in fact true. The compromising of a law enforcement officer honor and the possible forcing of an officer(s) only negates the good in this person(s) by eroding correct moral edicts that have been instilled. Further as such this leniency allows the development of “bad cop” to submerge as well as all the characteristics and traits that goes along and allows prevalence. Psychologically, this behavior becomes second nature and is a causal factor that flays justice and rigid codes because they are considered irrelevant and discardible.

Since there appears to be an approval of lying to facilitate an arrest of anyone to account for a crime committed to satisfy societal expectations it brings to mind that society is as wretched and untrustworthy as the lies that have been uttered to secure the arrest and incarceration. The ends that justifies the means is impository and a flagrant disregard of the Sixth Amendment which protects all incepted suspects and as such is an entrapment maneuver. Therefore, this allusion to this bargaining technique is not imprimatur but a travesty of justice and a contemptible ploy against the impoverish and illiterate segment of the populace.

Further, the need to be exploitative or become as low as the criminal element that is pursued is the most pitiful plight of all civilization. I do not sanction deceptive methods to secure an arrest or the corrupt officers who are a party that look at these poor illiterate people as prey to be accused, processed and incarcerated unfairly to meet the expectations of society that is literate, educated and have proven a more dangerous adversary to criminal justice and its administration of legal procedures.

The purpose of law enforcement is to be dutiful, honest, faultless or as near as possible, integrious, dignified, severe, stern, correct with the force of this country behind them. Further because of this the disregard of slurs, slander and mayhem is not a distraction but a challenge to be gratefully met until concession.

The compromise of self, the blue, the badge and honor of all is the pitiful few that comes amongst the “good”. Further, the act of averting from truthfulness is the cause of breakdown in legalistic norms, social norms and societal structure and guidelines because of avenues of deceit are being sanctioned to capture a suspect. Further because of calamitous consequences it will be covered and concealed by the “blue code”.

The severity of lying always brings consequences of distrust from the populace especially if witnessed first hand.

For example:

There is a stakeout and suspects are contained and hemmed in. Both entries are secured and blocked. The leading negotiator promises all will be safely arrested if they throw out their weapons and surrender. Two days have passed. The leader of the suspects of five agrees to the terms. All throw out weapons except one and comes out with hands up. Officers holler “hot and armed” and shoot all down. The question is was this fair or was this an intentional lie?

The purpose is that this scenario will provide differing interpretation for and against the officer. What is your opinion?
Lastly, another situation or scenario where this would be true is that the planting of evidence will never be a correct facilitator in “good” police work or deliberately speaking lingo beyond the suspect’s comprehension and is a clear misrepresentation of the authority placed in their hands.

These officers have been given a position of trust and not to become or act the criminal and lie or frame a suspect to meet social expectation and rest easy knowing the true culprit is still at large and is a danger to the populace.

Thank you.

Felicia

Response to Professor

Although a ruling (Frazier v Cupp, 394 U.S. 731 (1969) okayed the usage of lies in investigations or questioning to obtain a confession. The level and quality of the lies used is impossible to control or gauge---from simple lies to complexity--really this is simply not fair or morally ethical. A liar is putting someone behind bars forever? As a corrector of criminal irregularities or misdeeds who is worse the common criminal or the person with authority with the badge?

After reading the article - it appears that not only was the "suspect" questioned incorrectly, he was placed in a highly emotional state, intimidated, scared and severely coerced. Anyone in a similar situation would probably be lured into a state of agreement.

Thank you.

Felicia

http://www.brooklyneagle.com/articles/2014/2/20/police-can-lie-suspects-during-interrogations-says-court-appeals

Response to Professor

Unfortunately, for him the firing of a firearm is a criminal offense in itself unless deemed that an officer of the law was assisted. Further because he shot through the window of his garage and hit one of the young men he will probably be charged, sentenced and jailed for some years.

http://www.cnn.com/2016/08/11/us/raleigh-north-carolina-man-shoots-african-american-outside-home/index.html

Thank you.

Felicia


Question by Professor

What does the class think of this Judge? http://www.cnn.com/2016/08/12/us/judge-amber-wolf-profile-trnd/index.html

Response to Professor

I have always liked to stay neutral and not make decisions or give opinions about political persons, judges, etc. These two acts of kindness - showed sensibility, a retaining of order in her courtroom, necessary dress code and retaining of decency for the young woman as well as respect to the assemblage.

Thank you.

Felicia

Response to Co-student

Unfortunately, no one is above temptation and due to circumstances in their life I could not make a complete judgment call...but just reiterate that to resist the lures and fascination and entrapment the world has to offer is all they can do.

Life is a one time affair and as such you as a person can only represent yourself. Just be what your parents taught you to be and if you don't have parents pretty much hitch your star to a mentor that is stickler and ethical person.

Thank you.

fm

Response to Professor

In regards to ends and means it is apparent that this has no bearing on the situation...even with possible recall the problem has not been rectified and solved. This is not a matter of scratching each others back...it is pure analysis that of the amount of cars produced on the road only a small amount has exhibited this problem (gas tank - rear end crash) and until solved as such there is not a severe threat to all consumers driving these vehicles.

Thank you.

Felicia

Response to Professor

Apparently, as reports have been done to support the allegations of misuse of authority and the hassling, harassing of Black Citizens, Black Tourists on trivial charges that are not finalized and processed. Based on the findings this prevalency to attack Black People by subjugating them to humiliations and free feels.

It is obvious that the whole Black segment or populace is a hated commodity and there has to be some reason why just them. My first question is what is the value of this property and what proximity is it to upper class structures. A pattern of this type has always been done when property is wanted and those seen as undesirable are being forced out. As it seems it is the Black Populace - too many tickets, police brutality, rudeness and hate displayed to these people.

The questions is not the police force but its tactics as a means and ends to force these people out by any way necessary.

This exhibition is retaliation, hatred, bigotry and discrimination and a money power move.

It is apparent as light and day.

Thank you.

Felicia

http://www.nytimes.com/2016/08/11/us/baltimore-police-bias-report.html?_r=0

Response to Professor

Steps and rules should always be followed...when a prisoner is causing an undesirable setting then the next step is to isolate that prisoner and ice down the disturbance and quiet the issue. Defuse it quickly without doing violence to that prisoner and not give the other prisoners a reason to react and become violent due to possible exhibited brutality done to that prisoner. They need to learn they have restrictions as well as those prisoners.

Thank you.

Felicia

Response to Professor

RE: Brendan Dassey conviction was overturned by a federal judge.

I agree with the federal judge decision, unfortunately the police that interrogated this young man erred when they first did not do a line up to confirm identity, he did not explain that he had the right to counsel and parental supervision to help him understand that he was self-incriminating himself by agreeing to anything they said. Further his rights were violated under the Sixth Amendment, he was viewed as an adult and should have been treated as a juvenile. I am sure that if they explained that he would be incarcerated in an adult facility then he would have remained silent...I feel that this confession was coerced because no parental authority or legal counsel was notified or present to protect him.

Misrepresentation was done and the procedure should have been taken to the District Court to have a hearing to determine whether the case should be transferred to the Superior Court in New Hampshire. Unfortunately, the case was submitted to the Superior Court first. The state of his intellectual ability has no bearing on IQ or his ability to understand simple language. Obviously, he knew he was in trouble or he would not have fled from the police...he has that conceptual ability.

It comes to this point, if you do a flawed job then the case is lost.

Thank you.

Felicia

Reference: Benoit Juvenile rts form.doc

Response to Co-student

One of the first things you will have to learn is to always distance yourself from clients...you are not their friend...you are there on a professional capacity only. We are being hired to do a "job" only.

Stick to the requirements of your job and not be personal and respect is always to be accorded to all clients and objectivity is tantamount of importance. If you allow over familiarity your position is compromised. If you feel that you cannot be objective then you should not do this type of job.

Otherwise, I enjoyed reading your posting.

Thank you.

Felicia







CRIMINAL JUSTICE 220 - WEEK 5 - DISCUSSION 5

Morality and Human Nature
Determine two (2) strategies that law enforcement organizations can use to ensure that their employees do what is good instead of focusing on what they can get out of a particular situation.

Two strategies that law enforcement organizations can use to ensure that their employees do what is good instead of focusing on what they can get out of a particular situation is as follows:

1. Strategic Training to promote Empathy and Understanding
2. Sensitize and Develop and expand Morality

Strategic Training to promote Empathy and Understanding

The purpose of Strategic Training is to pinpoint and locate possible weaknesses in the human psyche that shows a prevalence of an inability to be unsympathetic and lack of understanding. Scenarios should be proposed as stimuli to stimulant correct emotional responses to appropriate situations. Automatic interaction to self-monitor with a summation of the increased change in behavior as a person is queried about subjects that are loaded with bigotry, racism and any scenario that would cause inner bias to arise and compromise the honest dealings with all persons concerned. These reports would act as kudos and would be placed in their personnel file and acts as inspiration as their on job experience allows them to learn and experience new respect on the streets, office or bureau. When this process is initiated the purpose is to change the outlook and behavioral approach and teach professional distance but respect for the public and self. Learning to reach a neutral ground establishes an impasse for discriminatory charges, bigotry, prejudice or racial profiling to emanate and claim precedence.

Sensitize and Develop and expand Morality

Another concern in Law Enforcement is the lack of sensitivity of law enforcement when interacting with the public as duty ensues. The actions of law enforcement as known is always under visibility and as such any personal prejudices, racism should be suppressed, eradicated if possible to allow the development and expansion of morality to allow the fair dealings with all people of any race. Courtesy and the efficacy of treating people with the same expectancy of return treatment ensures the further development of traits and characteristics that are complementary to moralistic behavior. As such moralistic behavior is enhanced to include the traits of racial respect, correct handling of people minus brutality, verbal monitoring and body posturing to not appear threatening or issue an unspoken threat and up the level of mindsets with increased intellectual ability and tactical gauging of any scenario that involves levels of danger for people, public and structural buildings.

Read the article titled “Ethics Training for Police,” located at http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1054&issue_id=112006. Next, compare and contrast which of Kohlberg’s stages of moral development found in the text correspond with those stages outlined in the article as they relate to law enforcement officer ethics training.

Based on the article “Ethics Police Training for Police” Stage 1 is the contemplative analysis of what is perceived as right and wrong decisions or correct gauging of scenarios or situations. Further as such the consequences of reward or punishment is uppermost in thoughts when acting. Because of this the initial state of morality is established and are external influences which cause a step to be enabled to be furthered.

Stage 2
Involved in the expression of this step is the notation that by facilitating and correct handling and processing of situations the level of gratuities increase and allow the expressive use of egotism to be exhibited due to self-interest whereas Stage 3 allows the ability to assist in challenging and bolstering of expected behavior to get the kudos, bonuses and camaraderie of being one of the “best”.

Stage 3
This stage allows the need for conformation to develop and allow the query of what is morality and the steps to achieve it and how to obtain the support of others. As such this necessitates interpersonal relationships that help win approval.

Stage 4
Allows the assimilation of all laws and codes to correctly do the “job” and get it right the first time without having to worry about being non-ethical behavior. Protecting self and the reputation of the police as administers that facilitate and correct wrong or criminal actions is the purpose to reduce risk and liability. As such the purpose is to protect the image of law enforcement as a protector and not as the enemy of the public. Duty and Honor are synonymous with each other and complements each other as yin and yang.

Stage 5
As the understanding of morality is conceived and that integrity is its close intimate friend than this enables and helps emphasizes the need to retain social good and help facilitate a methodology to obtain this step. In consequence, the abstract and conceptualized are more readily apparent and assist in the interpretation of laws, rulings and regulations that assist in help in structuring moral thought, thinking and internalizing these important values. Further with all agreement that society overall needs to be a source to always input and protest an act of disagreement that infringes on the social rights of the public or populace.

Stage 6
As such the social concern of protecting the individual rights of the people or populace allows the Stage 6 to be incorporated due to an internalized evolved state of moral reasoning. Due to this accumulation of evolved and changed moral thought this enable the administering of rules and laws, interpretation and understanding of religious principles and codes to obtain and retain good conduct.

As a complement and working assemblage Stage 1 thru Stage 5 acts as a universal mergence to assist in the inception and instilling of moral values and adjusting the levels of integrity with modified ethical principles and learned concepts that transcend low principles, morality and ethics to a more acceptable level.

In contrast, Stage 1 through Stage 6 works in differing stages at varying times but contribute to the overall cohesion of changed behavior. Each stage meticulously allows scrutinization and examination of behavior as it evolves and changes.

Thank you.

Felicia

Response to Teacher

Today in CNN Money there is an article on "The next battle for Black Lives Matter: Economic Justice" http://money.cnn.com/2016/08/02/news/economy/black-lives-matter-the-economy/index.html
In Week 2 we started the course with a discussion of John Rawls theory of Distributive Justice. The current presidential campaign is influenced by issues of Economic Justice. Although politicians agree the tax code needs revision, there is little agreement as to how to accomplish this. Is this the place to start, or encouraging black banks as suggested?

After reading the article, the philosophy sounds good in theory but in all practicality the state of reparation for an act of involuntary migration of African People now known as either Black Americans or African Americans cannot be facilitated because large numbers of Black citizens are receiving assistance from a system that is already severely over burdened.

Unfortunately, the relocating of funds from policing or prisons is simply not a feasible venture. As known by statistical reports the spiraling near out of control criminal activity has to be halted, stopped and as such these preventatives methods must be continually facilitated.

I agree with the thought of jobs needed and created thought should be enacted to have jobs for Black Americans who are willing to work be created. But jobs are not synonymous with home ownership, crime or for individual to marry and have progeny or retain those marriage vows. Positions or jobs are for the stabilizing of this country and economy.

The disproportionate levels of income are mostly based on intellectual status and education vs training and trades. Wealth and racism is not a good mix and as such it is not the blame the cause is prejudice, resentment, bigotry, bias, and discriminatory actions or feelings aimed at the Black Race. The goal is and should be provide a job for Black Americans so they can learn to pull their own weight not expect a handout because it is not coming. Further initializing a Black Bank is not the answer either because of the lack of its ability to be federally insured.

The killing of these unfortunate Black males do not link to the economic depressed era and lack that is Black America. This sad reality is because we (myself included) are oppressed in this affluent country and are still a hated and loathed facet in this country. But looking past this the chance to receive an education allows the fight for better treatment and the chance to contribute and fight alongside any race in defense of this country for continued freedom and choice.

Further Black Americans have not lost wealth from the cessation of slavery White People or Caucasian People have. Because of this there can be no reparation for what has never been received or had in the first place. Active racism overall is not being exhibited to all Black Americans - so no once again - there is no entitlement for reparation.

Since the Black Panthers were not favorably received linking to them is definitely not a good idea or a facilitator because they were pro-violence. Therefore, conclusively this cannot be claimed as a Black freedom movement that affects all Black Citizens in this country (USA) without getting prior authorization from all.

Granted our children need to be educated better to be more competitive and show the inner greatness that is them. Further, they need nurturing, structure, care, love and preventatives applied to help them not be interested in criminal activities or criminal behavior and not let a band aid be applied to try to make neglect okay or parental incapability ok.

Jobs and good parenting should help decrease the mass incarceration of Black People and a chance in this country to be thought of as part and not as a slave or flunky in this country. These acts of incarceration only makes the economy more loaded down because of the inescapable fact that they are number in society and not a person. Facilitating and correcting a situation is more than money it is the establishing of good for this country ... it allows the ability of Black Americans to have a place in this country without feeling waves of hate emanating or resentment because they are seen as nothing.

These so-called nothings are money, influence, power and support in this country and society and helps the wheel go around and turn as they help facilitate growth and evolution.

Lastly, no this is not the place to start! We have banks that are trustworthy, reliable and safe already. We do not need to separate ourselves (Black Americans) from the rest of the economy and be seen as a threat.

Thank you.

Felicia

Response to Teacher

Last year Dorothy Bland wrote a newspaper article "Walking While Black" where she claimed she was a victim of racial profiling. The dash cam video proved otherwise. http://www.latimes.com/nation/nationnow/la-na-dorothy-bland-texas-police-walking-while-black-20151106-story.html


After reading the article and viewing the recording of the episode, I feel that a slight case of harassment and hassling went on in this scenario.

In regard to this incident, I would agree that I would feel "Walking While Black" because the neighborhood is primarily white or caucasian. My question is how did the police just happen to turn up and see her "a person" revealed later as a black female walking in the road or street.

I agree that yes she was a victim of racial profiling but she was also a safety risk as well as an impediment to ongoing traffic. If she had been struck or hit by a moving motorized vehicle then the driver would be at fault as well as herself. The proper course of action I would recommend is use the sidewalk or walk against traffic to prevent an unfortunate accident. But if it was me, I would use the sidewalk.

Further, running a check for her name and running her license was unnecessary since all they had to do is tell her that she could not walk on that side of the street or too far in the street and based on this I feel that this showed latent resentment as well as prejudice for her being in this neighborhood. Also, I wonder if she was white or caucasian would they have ran her name and license too.

Thank you.

Felicia

Response to Co-Student

I disagree with the first option because of the inability to be able to monitor and confirm the body camera is working A - OKAY - ALL THE TIME. The second option may allow a "peek" into his or her present mindset and maybe give an analysis of his mental state or feelings toward different races and his reactions in highly charged racist oriented scenarios. Based upon his or her performance then maybe this could conclusively relay the desired and needed information to analyze if this employee is right for the job.

Otherwise, I agree with your other information.

Thank you.

Felicia

CRIMINAL JUSTICE 220 WEEK 4 - DISCUSSION 4

Is Morality Relative?
Read the article titled “Legal Enforcement of Morality”, located in the online course shell. You may also view the article at http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6826&context=jclc. Next, express the necessity of moral judgment in determining what counts as relevant harm, and then identify the appropriate basis for legal sanctions to prevent incidents of relevant harm.

Morality is relative if it is a consequence or action that is viewed as acceptable based on cultural beliefs, customs, subculture or based on certain time frames. Based upon this the moralistic viewpoint is accessible to the act of confirming a stage of morality as it varies and changes in differing culture.

Due to the nature of determining whether morality is a factor in consideration then comes the conclusionary concept based on situational scenarios that concedes and affirms that it should be applicable or not.

Involved in the analysis and conclusionary affirmation are the two factors Ethical Objectivism and Ethical Universalism that assist in determining whether an act of morality is relative. Ethical Objectivism helps with the view of knowledge and the acknowledgment that differing perceptions are factual determinants in the weighing and consideration. Because of this the argument begins to be applied for testing of morality and its perceived conceptions with thoughts and feelings utilized to explore the situation and gauge the levels of affectism that is perceived as correct.

Whereas Ethical Universalism is supportive of the level of knowledge with the view of all should be judged in consequential universality and applied to all changing variables and all circumstantial situations and actions. Therefore morality is ethical and relative with the concepts of differing decisions based upon universalism.

The necessity of moral judgment in determining what counts as relevant harm is used in relation to the idea of what action taken or not could become a determiner to judge whether a situation can be seen as a stage of intentional harm and is collective.
As a result of this, the consideration of the act allows the weighing of legal repercussions and legal reprisals that can be assigned or attributed to the act of criminality. Therefore, these restraints are utilized to constrain or restrict these acts (murder, theft, fraud and assault) that cause harm and enforce morality.

As legality continues to evolve the rationality exists to expound on the appropriate basis to construct legal sanctions or laws to prevent acts of relevant harm. These legal sanctions are utilized as designated by the court system and law enforcement to discourage, foil and acts as a deterrent for criminal behavior.

Describe one or two (1 or 2) circumstances in which conscience, guilt, or both serve as motivators resulting in moral actions.

Two circumstances in which conscience or guilt acts as a facilitator and motivator that results in moral actions is that one or both acts are an internal inhibitor and preventer to participate in immoral acts as follows:

Example 1

A policeman who is trusted to turn in all evidential evidence decides to take something from the raided site. Due to the nature of his conscience flaring up he puts the item back into the collection of evidence. As such this is a demonstration of his regular conscience acting as a restrictor and inhibitor and his “bad” conscience flaring up as well because he became fearful of being caught.

Example 2

A person arrives at a scene of criminality and finds a dead body and decides to take as much of the person’s property that he can carry and then calls 911. Feeling guilty he puts everything back and then leaves the scene. This is an act of conscience flaring up and guilt thereby causing moralistic behavior.

The acts of immorality are viewed as detrimental factors that affects the self and thereby a compromise to integrity and because of this the conscience or guilt becomes a red flag to proceed with caution and be a determinator to do the right thing.

Thank you.

Felicia

Question by Professor

Many immoral acts are not criminal. There seems to be a trend towards trying to criminalize many acts. In many police excessive force cases, people are upset because there are no criminal charges brought. The tradition has always been to bring civil suits, in part because the standards and burdens are much less. In administrative law, the government can bring civil or criminal penalties. In environmental and in other regulatory cases (think banking cases like the London Whale) substantial civil penalties, sometimes in the billions, are imposed, but no criminal charges are brought. Is this approach a vindication of the "moral condemnation" of the act?

Response to Professor

London Whale

As far as levying charges, the impositions of fines of this large amount is or was done in lieu of criminal charges because the scenario of lost or misplay was not his (Bruno Iksil) fault as he claimed. The dual book of accounts is what they are being penalized for therefore it is not a vindication or a moral condemnation ... it is a preventer and check and acquiring of funds. It is just a level of negative reinforcement.

Excessive Police Force

These are acts that are criminal because they (police) are the criminal with a badge and as such there is no protection for the average citizen if brute force is done or recourse. Legal reprisals should be done...no civil suit is satisfactory. Correct policing and procedures should be followed always. The act of being moral or being correct is bypassed by the rage exhibited towards the citizen.

Thank you.

Felicia

Reply to Co-student

I agree that morality is supposed to be a supportive and guide to assist law enforcement in their duties and decisions when the act of apprehension is being done or protecting the community.

Corruption is corruption and it is prevalent throughout every agency and country on this planet and because of this the act of fighting and challenging kicks into gear.

Further, I agree who wants to look over their shoulder forever?

Thank you.

Felicia

Response to Professor

The question is whether the police should be held accountable as citizens or civilians. Firstly, yes they should be held in strict accountability because we have entrusted trust and the position exemplifies corrective ability to rid the populace of criminal acts and gives a lot of power when dealing with the average citizen. Also, their position acts as a negative reinforcement and correction.

Further, because they have deviated and soiled their honor, word, oath and used deadly force and did not gauge the situation correctly or followed protocols then yes...remove those police who cannot facilitate a judgment call...please forgive me...these are people not animals they propose to shoot down in Florida.

In my opinion, they need to screw their head on tighter and think it through then act.
The police are held to higher standards but so is temptation to commit wrong. As such, the "blue code" is reflective of the cloak and hide and disguise and forget it ever happened.

Thank you.

Felicia

Response to Professor

The first thing that I did on my agenda to enable myself to give an opinion was to peruse the particulars attached to this case and decide whether Probable Cause is there. "Probable Cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal." Based on this definition then Probable Cause is not there since neither of the culprits are criminals the only person who had a record of criminality is Freddie Gray.

I would agree that based on my brief scrutiny that the procedure of securing the suspect was the cause of a majority of the injuries sustained and not a simple ride in a police van. Usual procedure is not to do an outright chase for other suspects to be arrested, booked, processed and placed in jail. As indicated the match of head injury matches a bolt in the van and caused severe trauma to head, neck and spine and this brings forth the questioning of why when all the police are capable drivers and even without being securely harnessed this person should have made it to the police station without these injuries. Further, I am sure that if reckless driving was done then it would have been reported and as such there should be punitive measures dealt to the person driving this van and the person who did not secure the prisoner correctly.

Further, I feel that this is a clear case of involuntary manslaughter and the question of who or not who does not matter...the lack of disregard for their position as a police officer shows and supports the claim they are not ethical or moralistically concerned with his death only the circumstances they are in.

A knife or switchblade is still not effective against armed police and the suspect was of slim build and surely not a threat against several officers. Also, the other option that could have ensued was the taking of the knife from the suspect with warning and releasing him back into the community and there would not be this situation now.

Consequently, Probable Cause, Intent and Involuntary Manslaughter is the charges that should have been levied and stuck to all of them and the "shield" that concealed their acts of terrorism and execution of this person. All witnessed accounts discarded, removal of video of entire scene of arrest from bystander by force and intimidation, overtly hostile securing of suspect and the pitiful attempt in performing duty where one suspect could not be delivered to the police department without injury after injury inflicted on his person. This all shows a lack of objectivity, control and who the true criminal is. The question comes to mind were they or not in a vehicle accident to cause the severity of injuries...and if severely injured why was he not delivered to the hospital and given medical treatment with a guard posted.

As far as Defense Attorney Marilyn Mosby breaking the rule of discussion ... any case can be discussed there are no gag rules for defense or prosecuting attorneys ... both have absolute immunity. This is all part of the job not a personal vendetta....She did the right act and by her assessment of the situation she attempted to have the charges levied and fulfilled and performed.

Irregardless of the level of the attorney any scenario that shows police acting overly aggressive and over zealous with the harm coming to a citizen will be looked, scrutinized and examined.

I feel that ethics did not play a part in this scenario but that intimidation was a factor and the comments were and are not an attack but a complaint that showed that justice could not be truly facilitated because of the "blue code" halting any more information to be given. As far as ethical conduct charges being levied against Defense Attorney Mosby...I seriously doubt they could make this stick or any lawsuit for money stick either....this reeks of retaliation.

Thank you.

Felicia

http://www.cnn.com/2016/07/27/us/baltimore-marilyn-mosby-officer-lawsuits-freddie-gray/index.html
https://en.wikipedia.org/wiki/Death_of_Freddie_Gray
http://www.baltimoresun.com/news/maryland/freddie-gray/bs-md-officers-return-20160730-story.html
https://en.wikipedia.org/wiki/Probable_cause
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule