Monday, August 19, 2019
Legalization of Prostitution Essay -- Prostitution Should Be Legal
Prostitution, considered one of the oldest professions in the world, was legal until 1915 when most states passed laws making it illegal. One of the main reasons for the prohibition of prostitution was to keep soldiers out of the brothels so they would stay focused on the war. After WWII, lawmakers left the prohibition laws in place instead of repealing them. Prostitution should be legal, regulated, and taxed. This would increase the quality of police protection, reduce waste in the judicial system, decrease the spread of sexually transmitted diseases, and increase federal tax revenue. By legalizing and regulating the act of prostitution, the spread of sexually transmitted diseases (STDââ¬â¢s) will decrease. Opponents of legalization believe that STDââ¬â¢s will increase substantially. However, licensed brothels will be required to enforce testing for STDââ¬â¢s. Implementing weekly sexually transmitted disease testing for all licensed workers will reduce the likeliness of spreading diseases to multiple partners. Also, having laws in place to enforce condom use by stating that anyone (worker or customer) caught not using protection will be arrested, fined, and will lose their license to work, will ensure the reduction of the spread of sexually transmitted diseases. Brothels are legal in ten of the seventeen counties in the state of Nevada. Those counties are, Churchill, Esmeralda, Pershing, Storey, Lander, Lyon, Humboldt, Elko, White Pine, Mineral, and Nye Counties., ââ¬Å"In those ten counties combined, there are fewer reported cases of STDââ¬â¢s than the other seven counties in the stateâ⬠(Nevada State Health Division STD Program 2013). The Nevada State Health Department collects data concerning sexually transmitted diseases from every d... ...port groups, and attending protests, the legalization of prostitution can ensue. Works Cited ââ¬Å"Nevada brothels want to be good neighborâ⬠Associated Press. 10 May 2014. 11 April 2015. http://www.msnbc.msn.com/id/7805733/ ââ¬Å"STD Statisticsâ⬠Nevada Department of Health and Human Services. 2011. 11 April 2015. http://health.nv.gov/CD_HIV_STDProgram.htm#stats Puzzanchera, C., B. Adams, and W. Kang "Easy Access to FBI Arrest Statistics 1994- 2012" Online (2009). 11 April 2015. http://ojjdp.ncjrs.gov/ojstatbb/ezaucr/ ââ¬Å"Prostitution Related Arrestsâ⬠Arlington Police Department, 2014. 11 April 2015. http://www.arlingtonpd.org/Prostitution/ProstitutionArrestsFebruary.pdf Cundiff, Kirby R., ââ¬Å"Prostitution and Sex Crimesâ⬠The Independent Institute, 8 April 2014. 11 April 2015. http://www.independent.org/pdf/working_papers/50_prostitution.pdf
Sunday, August 18, 2019
Othelloââ¬â¢s Diabolism Essay -- Othello essays
Othelloââ¬â¢s Diabolismà à à à à In Shakespeareââ¬â¢s tragedy Othello, there is present through most of the play such an overwhelming amount of evil that the audience can scarcely remain undisturbed. à Alvin Kernanââ¬â¢s ââ¬Å"Othello: an Introductionâ⬠explains the diabolism existing under the name of ââ¬Å"honest Iagoâ⬠: à ââ¬Å"Honest Iagoâ⬠conceals beneath the exterior of the plain soldier and blunt, practical man of the world a diabolism so intense as to defy rational explanation ââ¬â it must be taken like lust or pride as simply a given part of human nature, an anti-life spirit which seeks the destruction of everything outside the self. (75) à Even the imagery in the drama has its evil aspect. Kenneth Muir, in the Introduction to William Shakespeare: Othello,à explains the instances of diabolic imagery in the play as they relate to the infecting of the Moor by the ancient: à The same transference from Iago to Othello may be observed in what S. L. Bethell called diabolic imagery. He estimated that of the 64 images relating to hell and damnation ââ¬â many of them are allusions rather than strict images ââ¬â Iago has 18 and Othello 26. But 14 of Iagoââ¬â¢s are used in the first two Acts, and 25 of Othello's in the last three. The theme of hell originates with Iago and is transferred to Othello only when Iago has succeeded in infecting the Moor with his jealousy. (22) à In his book of literary criticism, Shakespearean Tragedy, A. C. Bradley gives an in-depth analysis of the brand of evil which the ancient personifies: à Iago stands supreme among Shakespeareââ¬â¢s evil characters because the greatest intensity and subtlety of imagination have gone to his making, and because he illustrates in the most perfect combination th... ... 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos. à Wayne, Valerie. ââ¬Å"Historical Differences: Misogyny and Othello.â⬠The Matter of Difference: Materialist Feminist Criticism of Shakespeare. Ed Valerie Wayne. Ithaca, NY: Cornell University Press, 1991. à Wilson, H. S. On the Design of Shakespearean Tragedy. Canada: University of Toronto Press, 1957. à Wright, Louis B. and Virginia A. LaMar. ââ¬Å"The Engaging Qualities of Othello.â⬠Readings on The Tragedies. Ed. Clarice Swisher. San Diego: Greenhaven Press, 1996. Reprint from Introduction to The Tragedy of Othello, the Moor of Venice by William Shakespeare. N. p.: Simon and Schuster, Inc., 1957. à -- -- --. Introduction. The Folger Library General Readerââ¬â¢s Shakespeare: The Tragedy of Othello, the Moor of Venice. New York: Washington Square Press, 1957. Ã
Saturday, August 17, 2019
Iomega Corporation Data Storage
The purpose of this report is to examine the Iomega Corporation, based in Roy, Utah, for the BA 201 ââ¬â Survey of Business course at Birmingham-Southern College. The company manufactures computer storage devices: the ZipTM and JazTM drives, the Clik! Storage device, and the BuzTM audio and video drive. 1 The leading supplier of data storage devices in Europe, and the third largest supplier in the world, Iomega has now strengthened its line of products with the Ditto tape backup device.2 The industryâ⬠s enthusiasm and public satisfaction with which these products were received is unprecedented in the computer industry, making Iomega an innovator among innovators. This report will discuss the following components of the Iomega Corporation: History of the corporation and its products Marketing strategies and product offerings Iomega was founded in 1980 with its flagship removable storage device, the Bernoulli drive. Though its original efforts are now more than antiquated, Bernoulli Optical Systems remains a subsidiary of Iomega. In 1983 Iomega was made public, and for the next twelve years, the company would see a period of experimentation and growth. While Iomega remained behind the major industry names of Apple and IBM, the late eighties and early nineties were integral to Iomegaâ⬠s current success. The technical bases for the Zip and Jaz drives were built upon, leading to these productsâ⬠1995 release.2 Public response to the release of the portable data storage devices was enormous. Orders clogged the production component of Iomega before the disks were even released to the public, and by April 1996, barely one year after its introduction, Sony Pictures Entertainment entered into an exclusive agreement with Iomega for use of its Jaz disks.3 June of that same year would bring even greater response; Iomega entered into marketing agreements with IBM, NEC Technologies, Gateway, and Unisys.4 By the end of the summer of 1996, Iomega had formed partnerships with every major computer manufacturer in the United States. The media frenzy surrounding the release of the drives was further fueled by honors awarded by computing magazines PC Computing and Gadget Guru. The Jaz drive was named 1996â⬠³s ââ¬Å"Innovation of the Yearâ⬠and ââ¬Å"Most Valuable Productâ⬠by PC. Gadget Guru named the Jaz drive the ââ¬Å"Best Computer Accessory of 1996.â⬠These and other accolades pushed public familiarity of Iomega products higher and higher, boosting production and sales.5 In response to this domestic success, Iomega began a complete expansion of its foreign production and marketing in early 1997. European headquarters were set up in both the Netherlands and Switzerland, and their production site in Malaysia was expanded and modified. While the base of the company remained in Roy, Utah, Iomegaâ⬠s presence in both Europe and Asia was fortified with a larger number of production jobs for Asians and Europeans. Coupled with a greater concentration of foreign marketing and advertising, Iomega emerged as the third largest producer of data storage devices in the world.6 The end of the 1996 fiscal year showed a 272% increase in revenue from the previous year.7 The introduction of the Jaz and Zip drives in 1995 was undoubtedly responsible for this success, which was followed in 1997 by new partnerships with Motorola, Apple, Kinkoâ⬠s, and Hewlett Packard.4 By June of 1997, Iomegaâ⬠s Zip drive shipments reached six million; it was then a standard in new Sony personal computers, Micron notebook computers, and in all Kinkoâ⬠s store computers nationwide.8 The success of the Iomega drives remained rampant when the company announced the introduction of the Buz multimedia producer in late 1997. The Buz producer would allow consumers to capture movies, music, and photographs on their personal computers. While the success of the Buz drive still remains far behind that of the Zip and Jaz drives, this diversification allowed the company to remain on the cutting edge of computer technology. The Jaz drive was marketed as a companion piece to the Buz drive, lightly forcing consumers to purchase two products with one goal in mind.9 The approach was successful, leading to 1997 fiscal year earnings of 77%.10 May 1998, in the wake of the Buz release, brought about another important computer modernization, the Clik! drive. The Clik! drive revolutionized methods by which consumers could store digital information from handheld video cameras, computers, and cameras.11 Marketed with special Clik! disks, the drive itself brought the portable storage efforts of Iomega full circle, now having storage products for virtually every major computer product on the market. Iomega advertises in many different places. The web site www.iomega.com provides a simple way to find out about the company. It provides potential customers with many different sections geared towards answering their questions about Iomega and its products. The site allows potential customers the opportunity to gather information through press releases and news articles related to the company, and gives customers a chance to win free products in contests. More importantly, Iomegaâ⬠s web site allows customers the opportunity to order its products online via a virtual shopping mall. Customers can receive Iomegaâ⬠s products without ever stepping foot outside their front door. Iomega also advertises its products through other companies. Having Iomega Zip drives already installed in computers, such as Apple, Dell, and Gateway, allows customers the option of buying a Zip drive already installed in a computer of a well-established personal computer (PC) manufacturer. About 40% of Dell computers already have Iomega Zip drives installed in them. Due to all of the positive responses Iomega has received from forming partnerships with these PC manufacturers, it has decided to form a new partnership with Fujifilm. Fuji Photo Film Company Ltd. has recently started marketing branded Clik! disks. Fuji already markets Fujifilm branded Zip drives and has now signed with the forty megabyte Clik! disks. Said Steven A. Solomon, senior vice president of Fuji Photo Film USA, Inc., ââ¬Å"We've had great success branding Iomega's popular Zip disks and we believe that we will have similar success with Clik! disks.â⬠12 Iomega offers customers a way to store large amounts of information on disks rather than saving them on the hard drive of their computer. The company offers 100MB Zip USB and now the new 250MB Zip drives. This option benefits both businesses and personal computer owners. Businesses profit from owning a Zip drive due to the convenience of saving large presentations or proposals on a disk and then carrying it to different places; for personal computer owners, the Zip drive allows everyone in the house to have their own disk, keeping childrenâ⬠s games separate from parentâ⬠s finances. The notebook Zip gives people with digital computers the ability to carry large amounts of information with them in a slim, low power design for easier storage and transportation. Iomega recently lowered the price on their external Zip 100MB SCSI and their 100MB Zip USB; the new prices are $99.95 and $129.95, respectively. Reducing the prices was ââ¬Å"driven by the productâ⬠s universal adoption by the users of more than twenty-two million Zip drives,â⬠said David J. Henry, vice-president and general manager of Zip/Jaz management at Iomega Corporation. 14 By lowering the price of the product, Iomega makes their products more affordable for their customers, attracting more potential buyers. Iomega Corporation announced in January 1999 that it is restructuring in hopes of increasing gross profit figures for the upcoming fiscal year. Although Iomega controls over 86% of the removable storage market, its gross profits have decreased to levels that have made public investors somewhat weary. Previously, Iomegaâ⬠s structure was that of three decentralized product units which included the Professional Products, Personal Storage, and Mobile Storage divisions. The new structure will focus on eight business functions that include sales and marketing, product development, manufacturing and operations, corporate marketing, finance, legal, human resources, and corporate development and strategy. In addition, top management created a new functional group known as customer service and development which combines the existing customer service organization with a new group of applications engineers.15 Iomega hopes that these changes will ease the rise-fall-and-rise-again impression that the company has acquired since its entry into the removable storage market in 1980, thus spurring improved gross profits, consumer confidence, and an increased interest on Wall Street.16 In 1983, Iomega was on top of the Wall Street world. The searing property raised $21.7 million in public offerings due to the interest drawn by IBM PC users who were amazed by Iomegaâ⬠s patented Bernoulli Box technology. The Bernoulli Box used a subsystem with stand-alone disk drives that rest beneath the monitor and provide unlimited data storage capability with removable cartridges. After several years of prosperity, the bottom fell out in 1986 and 1987 when computer makers began including relatively large storage hard drives as a standard part of the home PC. Demand for the Bernoulli Box technology waned, and Iomega experienced hard times that included an $8.5 million bank debt and enormous inventories. Michael Kucha took the reins as chief executive officer (CEO) and immediately made an impact on the struggling company. Kucha cut costs by trimming the workforce from 1,350 to 750 as well as utilizing substantial tax write-offs. In less then a year, Kucha helped Iomega gain an $18 million cash balance, cut the bank debt to zero, and slashed inventory by 50%.16 More importantly, Kucha stressed research and development during his leadership reign. The company was able to adapt its Bernoulli Box product for the Apple Macintosh computers and began benefiting from the increased demand for the Macintosh in the late 1980â⬠³s and early 1990â⬠³s. After a few years of slightly above average success, 1993 proved to be a disastrous year for Iomega. CEO Fred Wenniger, who replaced Kucha in 1989, departed due to shrinking margins and increased competition. The removable storage market had recently been flooded with Iomega clones that caused prices to decline, thus increasing competition. Analysts wondered if the company would survive the year.17 Leon Staciokas was named acting CEO as the company restructured during 1993 and 1994. In January 1994, Staciokas advocated a staff cut in hopes of reducing overhead expenses and freeing up extra cash. Eight percent of salaried positions were cut as part of the corporate wide restructuring.18 Later in the year, Kim Edwards replaced Staciokas and became permanent CEO of Iomega. Edwards first task was freeing up more money to invest in updating and improving technology. In July, Iomega cut 100 salaried jobs in a bold management move that would free up $4 million in overhead annually.19 Edwardsâ⬠new management approach towards Iomega eventually transformed the company from a struggling business into the most successful removable storage manufacturer in the world. This approach was based on the idea of creating a product that the public would buy and use rather than simply admire. After meeting with top management and technical advisors in the early months of 1995, Edwards was able to lay the groundwork for the release of Iomegaâ⬠s new Zip drive that would revolutionize the industry and reestablish the company as a major player in removable storage software. The creation and release of the Zip drive in late 1995, as well as wise financial management by Edwards, helped to increase Iomegaâ⬠s operating budget from $141 million in 1995 to just over $1.2 billion in 1997. 20 Unfortunately, Iomega encountered more problems in late 1997 and early 1998. Edwards believed that opening a new product engineering and manufacturing plant in Milipitas, California, would yield greater productivity and allow for quicker response time to customer demands for new technology.21 And it did. However, in July 1998, Iomega acquired Nomai, another removable storage manufacturer, in hopes of shrinking competition and placing the company squarely in front of all competitors. This bold move hurt Iomegaâ⬠s finances and caused a significant increase in operating expenses when paired with the upkeep of a brand new factory. This poor management decision by Edwards cost him his job. 22 Presently, Jodie Glore serves as president and CEO of Iomega. Mr. Glore is the permanent replacement for Kim Edwards after James Sierk served a brief stint as interim CEO. Glore hopes to reorganize and restructure Iomega; he wants to focus on the areas that the company has been criticized for in the past such as customer service and unsatisfactory product performance. Glore has already taken steps to alleviate these problems by ordering internal restructuring that will overhaul the previous system. The new system of eight business functions is a more elaborate, yet organized hierarchy. Glore hopes that it will allow a quicker response to customers, placing their needs as a top priority.15
Kaplan university science Essay
This assignment concerning the differences between reputable source and questionable sources is in regards to weight loss programs. There are so many different programs available to the public. Unfortunately they are often from a questionable source consisting magic pills and supplements and marketed as the recommendations of a seemingly practicing physician who has conducted scientific research of sorts that will back up his claims. Many times it is stated or at least implied that there is absolutely no necessary change in diet or lifestyle needed. I think this makes their products a best-seller because it feeds into the fears and insecurities of the customer as well as the fantasy of something for nothing. For example, there is a new fad of weight supplements by ââ¬â¢Dr. Ozââ¬â¢. ââ¬Å"Oprah and Other Celebrates Lose 4lbs a Week of BellyFat With This Secret That Readers Can Try Now!â⬠¦According to Dr. Travis Stork, Garcenia Lean Extreme works in more than one way. The fi rst way is it goes in and causes the body to burn glucose, or sugar, and burn fat mainly in the liver. The second way, the most important way, is it slows the release of sugar into the bloodstream. So, when you donââ¬â¢t have sugar building up because sugar turns to fat. When the two combine together, you get this synergistic effect that basically burns and blocks and stops fat, but it is also natural and safeâ⬠. (Dr. Oz n.d.) The advertisement goes on further to provide quotes from seemingly satisfied customers whom boast of unprecedented weight loss in record breaking time without changing a single thing in their daily routine or diet. However, there are medical weight loss programs which are the result of legitimate and peer reviewed research. These programs offer no magic pills or supplements but do provide tested and proven facts concerning healthy and sustainable weight loss induced by a routine exercise regimen, significant reduction in calorie intake, and dramatic lifestyle changes. None of which is by any means easy. But, this is the program that can confidently guarantee amazing weight loss results and deliver. For example, ââ¬Å"Specialist dietitians competent in Counterweight Programme delivery conducted two four-hour training sessions and a further 3 hour sessions after 6 months to consolidate the initial training.
Friday, August 16, 2019
Contrasting Roles: The Good and the Bad
Contrasting Roles: The Good and the Bad In Fydor Dostoyeskyââ¬â¢s, Notes from the Underground, the relationship between an underground man and a young prostitute, Liza, depicts admirable and harsh qualities. Truly, Liza illustrates a kind-hearted human being while the Underground Man exemplifies a harsh and isolated person. Lizaââ¬â¢s function in this novel is to show the contrast between the two completing roles that characterize a classic literary illustration of what is good and bad. The altercations that Liza and the Underground Man have significantly portray positive and unsuitable qualities.Upon meeting Liza, the Underground Man harshly ridicules Liza and her lifestyle. He says that she is ââ¬Å"a slave from the start. Yes, a slave! You give up everything, your whole freedom. If you want to break your chains afterwards, you will not be able toâ⬠(Dostoyevsky p. 64). This quote undoubtedly exposes Underground Manââ¬â¢s awful perspective on Liza. He believes that L iza is property, rather than a human being. Also, the quote shows that he is stripping Liza of any hope for the future. He does so by telling Liza that if she ever wanted to stop prostituting, she would not be able to.Despite all of the awful accusations that he makes, Liza patiently listens although it is hurting her tremendously. Furthermore, this emphasizes the contrast in characters. It evident that Liza is truly good and that the Underground Man is relentless. However, this not the only altercation that sheds light on this notion. Moreover, there is also another conflicts that give a defined distinction between what is good and bad. The underground Man goes on to further insult Liza without a will to stop.He states, ââ¬Å"I know that I have only to whistle and you have to come with me whether you like it or not. I donââ¬â¢t consult your wishes, but you mineâ⬠(p. 69). The underground Man is dehumanizing Liza by comparing her to a dog. He claims that Liza will come to h im just as a dog follows a masterââ¬â¢s command without question. As if that insult were not enough, he proceeds to tell Liza that she must grant his every desire but he does not care for her wishes. Undoubtedly, the quality of being able to hurt Liza in such a manner is horrible.Lizaââ¬â¢s pain is illustrated when the novel states that ââ¬Å"She bit the pillow, bit her hand till it bled (I saw that afterwards), or, thrusting her fingers into her disheveled hair, seemed rigid with the effort of restraint, holding her breath and clenching her teethâ⬠(p. 72). This quote actively portrays how the Underground Manââ¬â¢s negative qualities truly affect her. It not only pained her emotionally to hear these things, but also physically. Despite her emotions, Liza put her feelings behind her and forgives him.After he apologizes, he states, ââ¬Å"she squeezed my hand in her fingers so tightly that I felt I was saying the wrong thing and stoppedâ⬠(p. 73). This excerpt trul y shows Lizaââ¬â¢s nobility. Although Liza is so hurt, she makes him feel like he should not have to apologize. She does this by squeezing his hand. However, this is not the only time where Liza puts the Underground Man before herself. Lizaââ¬â¢s responses in situations with the Under Ground man portray her comforting qualities and expose his poor qualities. Previously, the audience noted that while Liza cries, the Underground Man did not comfort her.However, in later text, the tables turn. When the Under Ground Man began to cry, she did not waste time in asking what was wrong by asking, ââ¬Å"What is the matter? What is wrong? â⬠she cried, fussing about meâ⬠(p. 83). This quote depicts that Liza is a compassionate person. It also shows the difference between the Underground Man and her. It was her natural instinct to help him yet he did not help Liza in her time of need. This again shows that Liza is naturally good while the underground man is uncompassionate.The last encounter that the Underground Man has with Liza truly shows her positive characteristics. After some time, Liza believes that he no longer sees her as a prostitute, but as a companion. However, after having relations with the Underground Man, he wants her to leave and gives her money for the relations that they previously had. Although this hurts her beyond belief, she leaves the money. The underground man states ââ¬Å"I saw a crumpled blue five- rouble note, the one I had thrust into her hand a minute beforeâ⬠(p. 89). This shows that Liza is admirable in dignity.Although she had been hurt, she still had her dignity and that was important for the Underground Man to see. Liza is placed in the novel to show that despite negative situations, a person can still posses an admirable personality. Truly, Liza continuously finds herself to be in horrible situations but she never fails in acting graciously. In a sense, Liza is an inspiration to all. She shows the audience that he r profession pains her and that she regrets it. Not only can the audience learn from her mistakes, but also from her gracious personality as well.
Thursday, August 15, 2019
Which Strategies for Conflict Resolution Would You Employ?
Cathal McCabe PO4107 Id# 085475 Word count: 3290 Which strategies for conflict resolution would you employ in cases of violent ethnic conflict? Explain why giving examples of success and or failure. 3,534 in Northern Ireland. Approximately 140,000 in Former Yugoslavia. Approximately 800,000 in Rwanda. The list goes on. Violent ethnic conflict is simply a harsh reality of life that has cost millions of innocent civilians their lives.We have witnessed its atrocities first hand in our lifetimes, and have sometimes felt powerless as individuals to curtail it. We can employ successful strategies for conflict resolution but the question really is how do we implement them successfully? There are strategies working, but the key now is to identify the successful strategies and be quicker to implement them in the future. In July 2010 Stefan Wolff declared that casualties from ethnic conflict have decreased by two-thirds in just over a decade ââ¬â 12,000 killed in ethnic wars of 1997/1998, today this figure stands at just over 4,000 (Wolff, 2010).Ethnic conflict is unlikely to ever go away, but the death toll has reduced somewhat. Is reducing the death toll the best success we can hope for in resolving conflict? Will ethnic conflict ever go way or can we only moderate the violence? Have we eventually learned that war is not the answer or have we simply become more efficient at peacekeeping? Are these deaths simply down to ethnic pride or is there another reason which spurs man on to kill his own people? This essay will attempt to determine the true meaning and motives for ethnic conflict.It will then examine what the ââ¬Å"strategiesâ⬠for resolving ethnic conflict are, and examine the application of these strategies as the causes and resolutions to various conflicts throughout the globe. It will draw a helpful analysis of the cases of Rwanda as a failure and Northern Ireland as a success and what we can learn from it. Ultimately it will try and discover what th e best strategies for conflict resolution are in order to minimise the trail of destruction left behind by violent ethnic conflictâ⬠¦US President John Adams once asked ââ¬Å"Do I have to study politics and war so that my sons may have the liberty to study mathematics and philosophyâ⬠? We must first look into the reasoning of ethnic conflict before we can achieve peace and freedom. The theories behind the motives for violent ethnic conflict are rooted in the origins of nationalism. Connor Walker describes the nation state as ââ¬Å"a state that self-identifies as deriving its political legitimacy from serving as a sovereign entity for a nation as a sovereign territorial unitâ⬠(Walker, 2004, P. 2). Theorists argue that this is an evolution from the simple meaning of the word ââ¬Å"nationâ⬠(a community that share a common ancestry) per se. Ethnic conflict may simply be a process of evolution as nations look to establish themselves and represent a community of bel onged people -the citizens. Perhaps there must be a common bond for a nation to remain at peace. Anthony Smith notes that ââ¬Ënot only must nations be founded upon ethnic cores if they are to endureââ¬â¢ (Smith, 1986, p. 207).Therefore if a nation is colonised or artificially planted with a different tribe, a friction is likely to occur. This of course is the starting point of ethnic war. Ethnic violence ensues. By studying the origins of their motives we can understand their ailment better and itââ¬â¢s then easier to cure. The very first rule in employing successful strategies is having a deep understanding of the motives of the conflict. Engaging in conflict resolution without knowing the full purposes of the conflict is political recklessness.We must sympathise before we can strategize (Hutchinson, Breuilly, and Smith, 1994, P. 104). Nationalism and ethnic identity are the core tenets of ethnic conflict hence the phrase ââ¬Å"ethno-nationalismâ⬠. Extreme nationalis ts will harbour a need for identity and this involves being amongst their own citizens. It is these very people, extreme nationalists, who are the principle actors in ethnic conflict; itââ¬â¢s essentially a mass crusade driven by unsatisfied nationalists (Hastings, 1997, p. 27).Ethnic conflict therefore is in lay manââ¬â¢s terms is the struggle for man to be amongst his own people in a community. Furthermore they are likely to want this community to be the chief and sole power in a nation as in the case of the Hutu and Tutsi tribes in Rwanda. The one question that remains to be answered however is why experts believe that ethnic conflict has become more prevalent since the Cold war? Academics like Samuel Huntington predicted a proliferation of conflicts fuelled by tribalism, resource scarcity and overpopulation (Huntington, 1993, P. 2). The reality is that this period witnessed a rise in ethnically-informed secessionist movements ââ¬â mainly in the former communist states like in Former Yugoslavia, Azerbaijan and Georgia. Wallensteen and Sollenberg hold that ââ¬Å"the displacements of capitalist states were accompanied by a decline in total warfare, ethnic wars and the number of refugees and displaced personsâ⬠(Wallensteen and Sollenberg, 1995, P. 350). Ethnic conflict certainly seems to be a ââ¬Å"new phraseâ⬠but the reality is that unrest and disillusionment always occurred in states.Itââ¬â¢s also a certainty that itââ¬â¢s in manââ¬â¢s natural instinct to defend himself and what he loves until he is secure and established ââ¬â much like his state. Each case of violent ethnic conflict is different, but the motives remain largely the same. Those who plan strategies for ethnic conflict should be well briefed on the case. Understanding is crucial; otherwise the results are severeâ⬠¦ There are common themes in the raison d'etre of ethnic nationalist violence ââ¬â lack of belonging, lack of understanding and a lack of t rue leadership. Edward Everett once said that ââ¬Å"education is a better safeguard of liberty than a standing armyâ⬠.Itââ¬â¢s the very people who commit the atrocities that donââ¬â¢t have these basic needs. The case of Rwanda provides us with the perfect breeding ground for violent ethnic conflict ââ¬â uneducated peoples led by a brainwashed Government. In April 1994 two tribes strived for these basic needs as a longstanding ethnic struggle culminated with 20% of an entire population being wiped out by genocide. This case provides us with all the ingredients of mismanagement of conflict strategy which only coerced further violence ââ¬â approximately 800,000 deaths in just over 100 days.It was managed so badly that it prompted former UN Secretary General Kofi Annan to declare in 2000 that ââ¬Å"the international community failed Rwanda and that must always leave us with a bitter sense of regretâ⬠(Doyle, BBC, 2004). In this case the minority Tutsi tribe wer e overthrown by the Hutu tribe in the rebellion of 1959-62. The Tutsi tribe looked to seize back power when the RPF (Rwandan Patriotic Front ââ¬â a Tutsi dominated rebel group) invaded Rwanda from the Ugandan border. The small East African country was in crisis until an eventual ceasefire in 1993 with assistance from neighbours Tanzania.This however came to an abrupt end in April 1994 when leader Habyarimana was assassinated by the RPF leader Paul Kagame (Hintjens, 2008, P. 5-7). The Hutuââ¬â¢s responded with mass slaughter (genocide) of the Tutsiââ¬â¢s and their own people who they believed to be collaborationists. The ceasefire in 1993 provided Rwanda with an opportunity to resolve the conflict peacefully but as we will see the Government provided weak strategies to consolidate the peace. The only solace we can take from 1994 is what we can learn from it in order to strategize better in the future.All the elements are present to encourage violent ethnic conflict; the str ategies employed only incited more violence. In Rwanda there was a lack of education at all levels, from the people on the ground right up to brainwashed Government officials who were obsessed by power and sought to accomplish it all costs. Education comes from liberal thinking, being open to a variety of sources and having the resources in place to attain this (Dewey, 1994, P2). None of this was possible in a country of authoritarian rule with little choice or democracy for voters.The then incumbent Prime Minister Jean Kambanda revealed in his testimony before the International Criminal Tribunal that genocide was openly discussed at cabinet meetings, and that the people believed that Rwandaââ¬â¢s problems would be over without the Tutsi (Doyle, BBC 2004). The people were blinded by myths; they believed that peace pacifists were collaborating with the other side. A large part of this comes down to how the media was run. The Hutuââ¬â¢s controlled the radio and the many who coul d not read bought into their propaganda campaign (Melvern, 2006, P. 7).For those who could read would read the Hutu run journal ââ¬Å"Kanguraâ⬠, and its ââ¬Å"ten commandmentsâ⬠, one of which being ââ¬Å"the Hutu should have no mercy on the Tutsiââ¬â¢sâ⬠(Melvern, 2004, P. 49). The ancestral divide in Rwanda called for conflict resolving strategies to be put in place. Instead the authorities increased the divide by insisting on ââ¬Å"tribal IDââ¬â¢sâ⬠and encouraging identification myths about the other tribe such as skin colour etc. The Government for their part organised two militia groups to assist the killings ââ¬â the Interahamwe and Impuzamugambi (Melvern, 2006, pp. 4-27). We can still see the effects of poor leadership today as Libya has been torn apart under the Gaddafi regime. Ethnic conflict like this highlights the importance of citizens to fight for democracy, to fight for freedom, and fight for choice. The leader of a country has a monu mental bearing on the outcomes of a nation. We must fight for our freedom to choose. This involves participating in democracy to help maintain it (Diamond, 2009, P. 12). Strategy starts on the ground with the citizens; afterwards power is vested in the Government.Unfortunately in Rwanda a corrupt power influenced the media, which in turn corrupted an unwitting population. Sometimes history and circumstances can be unfortunate on a country like Rwanda and the people may have little choice. A country in trouble may often require outside assistance to attain peace. This is a major factor why Rwanda failed and Kofi Annanââ¬â¢s words pay testament to this. In their hour of need Tanzania, other neighbouring countries and the UN were helpless. Rwanda was ultimately left with nothing but warmongering strategies and this is why it failed.A case like Rwanda needs outside help, and hopefully we have learned to be more responsive. Unfortunately the circumstances were ideal for genocide in Rw anda which probably afforded the outside forces with little chance. Ultimately there was no democracy in the strategy in Rwanda. The natives and outside forces were powerless to strategize effectively and the result is a lesson we must take to future conflicts. The Northern Irish story began in 1609 with the Ulster plantations, but itââ¬â¢s ââ¬Å"The Troublesâ⬠which are commonly understood as beginning in the sixties (McGarry, Oââ¬â¢Leary, 1995, P. 18).The violence was led by the armed campaigns of the IRA (Irish Republican Army) and UVF (Ulster Volunteer Force). Alongside the violence, there was a political deadlock between the major political parties in Northern Ireland over the future status of Northern Ireland and the prospective form of government. On learning from the case of Rwanda we now can now examine successful strategies for conflict resolution. . In May 2007 two men from contrasting backgrounds (Martin McGuinness and Ian Paisley) met at Stormont and finally shook hands, sealing a horrible conflict that sentenced 3,534 people to early deaths.However 4 years later on June 20th of this year and the violence threatened to escalate againâ⬠¦ Attaining peace may be a greater challenge than ever in two communities of disenfranchised people. Assuming that fair democracy is being practiced the responsibility now rests with the powers that be ââ¬â the Government. The role of the leader is central, a leader is the figurehead for an interest group and his/her attitude towards a conflict will be examined carefully (Ackerman, 2002, p. 32). In 1997 Ireland and Britain elected new Governments. Both leaders Bertie Ahern and Tony Blair made the Northern question a priority.Tony Blairââ¬â¢s first reaction in the North was to hand down the gauntlet to the IRA who refused to abide by a ceasefire at the time (incidentally a year before the Omagh bombings). Tony Blair stated ââ¬Å"my message to Sinn Fein is clear. The settlement train is leaving. I want you on that train. But it is leaving anyway and I will not allow it to wait for youâ⬠. The impetus that the new leaders brought to the table was a positive strategy; they brought a renewed energy and innovation reinvigorating the campaign. The primary strategy for solving conflict is peace-talks and negotiation.This involves compromises, consensus-building and some level of mutual trust. The party leader must earn this and their personality is a key factor in an attempt to reach an agreement. A peace agreement or accord is a formal commitment between hostile parties to end a war. In the North a simple ceasefire wasnââ¬â¢t enough, a state with its own Government had to be established (Bew, 1994, p. 32). Regardless of the political decisions made, negotiators have to prepare for ââ¬Å"spoilersâ⬠(groups that have an interest in sabotaging the process) and public rejection of settlements.When the public has experienced significant trauma, it may not be ready to ma ke compromises or accept a negotiated solution, as happened repeatedly in the North. It is the task of the leadership to generate support for peace. The personality of the parties involved is a very significant in making peace talks a successful strategy. Peace talks are the primary means of conflict resolution so it could be said that appointing the right negotiation team is a fundamental strategy to success, which thankfully it was in May 2007.Leaders have a role to play outside of peace talks too. The ââ¬Å"ambassadorialâ⬠role in everyday society involves sharing with people who have suffered. Diplomacy is at the heart of conflict resolution strategy. It shows that a Government cares and is still in control in a society that still abides by law and order. In August 1998, Mary McAleese walked the streets of Omagh consoling the victims, while her husband Martin visited familes of UVF militants. This showed that they were not isolated but that the World cared, Ireland cared a nd there was an urgency to end the conflict.This was above strategy, it made strategy essential. Peace had to be achieved, and the leaders were relentless until it was achieved. Dr. Matt Cannon explained the need for a multi-level approach at a lecture in October. This involves all levels of the community coming together, the Government uniting and external sources showing interest in resolving conflict (Cannon, 2011). All tiers are uniting to create a powerful peace-building team. In Guatemala and Northern Ireland, civil society forums were established to promote wider societal involvement in the peace process.The terms ââ¬Å"third sideâ⬠or ââ¬Å"track threeâ⬠are sometimes used to describe the effort of engaging and uniting individuals at the community level to generate ââ¬Å"peopleââ¬â¢s power,â⬠public opinion and coalitions in support of peace. In Northern Ireland the communities have come together to rally against the violence and promote peace which is a massive help to the process. One practical example was the replacement of sectarian murals with peace-walls. A common memory and identity is now being created in Northern Ireland. A segregated community is being replaced by a common identity.Both sides are remembering each otherââ¬â¢s losses and giving up something for the common good. There is now evidence of shared features such as memorials, museums and holidays which are also finally being reflected by a common Government. Dennis Murray worked for most of his career as Northern Ireland correspondent for the BBC. This September BBC filmed a documentary covering his reporting of the Troubles. The documentary finished with Murrayââ¬â¢s parting thought ââ¬â ââ¬Å"we canââ¬â¢t build a new future without unravelling the past.The story of conflict in Northern Ireland will never finishâ⬠(From Our Ireland correspondent, 2011). The case of the Troubles is as close as we may ever come to conflict resolution and itâ⬠â¢s equally fascinating to analyse the strategies employed in this quest. The strategy that now needs to be employed in the North is maintaining peace. There may be no textbook strategy to resolving conflict; it is an ongoing effort to maintain peace in Northern Ireland. Each case is different. Peacemaking in Northern Ireland is a model for resolving ethnic conflict resolution throughout the World.The one factor that appears to be in Northern Irelandââ¬â¢s favour as opposed to Rwanda however is that Northern Ireland was a developed country with a better environment to carry out a conflict resolution. The first virtues in successful conflict resolution are patience and persistence. In Northern Ireland there was a persistence to achieve an end to violence and achieve peace by successful political means. The security forces in Northern Ireland enforced the law. This strategy of law enforcement brought the paramilitaries to realisation that they could not win (Ruane and Todd, 1996, P. 17).There was no overnight solution to ending the violence. The British Government admitted that the IRA could not be eliminated militarily. Utimately ethnic violence is a force. It requires a strong team to defeat it. International interest strengthens a peacebuilding team massively. Bill Clintonââ¬â¢s regime shared an interest in the Troubles and appointed George Mitchell as special envoy. He was presented with the Liberty Medal in 1998, where he stated: ââ¬Å"I believe thereââ¬â¢s no such thing as a conflict that canââ¬â¢t be ended. Theyââ¬â¢re created and sustained by human beings. They can be ended by human beings.No matter how ancient the conflict, no matter how hateful, no matter how hurtful, peace can prevailâ⬠(Mitchell, 1998). Northern Ireland now had a combat team, this is where Rwanda failed where external sources were powerless. A case of violent ethnic conflict that becomes unmanageable is referred to the UN. The United Nations was established to r eplace the flawed League of Nations in 1945 in order to maintain international peace and promote cooperation. Peacekeeping is a primary mission on the UN with the aim of helping countries torn by conflict and creating the conditions for lasting peace.It is the last resort following peacemaking and peacebuilding (Bellamy, Williams and Griffin, 2004, P. 5). The United Nations Charter gives the United Nations Security Council the power and responsibility to take collective action to maintain international peace and security. For this reason, the international community usually looks to the Security Council to authorise peacekeeping operations. The role of peacekeepers is to help uphold any agreements made during peacetalks. Peacekeeping provided ways to achieve self-sustaining peace.Another viewpoint raises the problem that the peacekeeping may soften the troops and erode their combat ability, as the mission profile of a peacekeeping contingent is totally different from the profile of a unit fighting an all-out war. Before peacekeepers should be deployed theUN has a role in providing assistance in the development of human rights an democracy in the various countries and preventing these countries from becoming a breeding ground for ethnic conflict like Rwanda was (Jasper, 2001, P89). The UN also has a role to encourage more women to become involved in conflict resolution.The lack of involvement for women has a negative impact on resolving conflict and in society. In this essay we have seen what works as successful strategies for conflict resolution. First of all we must be vigilant and defend democracy ââ¬â preventing conflict from occuring in the first place. We must also uphold law and order as a combat to violence. We must participate in peace and democracy and elect the right leaders and believe in their charismea and diplomacy to solve conflict. We must also acknowledge the roles of member and identity in building an imagined community as part of a three -tier approach.The top tier of UN involvement is only required in times of desperation. Ultimately ethno-nationalism will never go away but violence can. As George Mitchell declared on appointment ââ¬Å"there is no place for violence at the table of democracyâ⬠. Bibliography Ackerman R (2002), The Wounded Leader: How Real Leadership Emerges in Times of Crisis, Jossey-Bass, P. 32 Bellamy A, Williams P, Griffin S (2004), Understanding Peacekeeping, Polity, P. 5 Bew P (1994), Ideology and the Irish question: Ulster unionism and Irish nationalism, 1912-1916, Oxford : OUP, P. 2 Cannon M (2011), ââ¬Å"Achieving peace in Northern Irelandâ⬠, Speech on October 25th, University of Limerick. Dewey, John (1944). Democracy and Education, The Free Press. pp. 1ââ¬â4 Diamond L (2009), The Spirit of Democracy: The Struggle to Build Free Societies Throughout the World, St. Martin's Griffin, P. 12. Doyle M, (2004-03-26), UN chief's Rwanda genocide regret, BBC, available: http://news. b bc. co. uk/2/hi/africa/3573229. stm [accessed: 2011-11-12] Doyle M (2004-03-26), Ex-Rwandan PM reveals genocide planning, BBC, available: http://news. bbc. co. uk/2/hi/africa/3572887. tm [accessed: 2011-11-12] From our Ireland correspondent (2011), BBC, Monday 3 October at 10. 35pm Hastings, Adrian, (1997), ââ¬Å"The construction of nationhood: ethnicity, religion, and nationalismâ⬠, Cambridge Press, P27. Hintjens Helen, (2008), ââ¬ËPost-genocide identity politics in Rwandaââ¬â¢ Ethnicities, Vol. 8, No. 1, P. 5-7 Hutchinson, Breuilly, and Smith (1994), Nationalism, Cambridge University Press, Cambridge, P. 104 Huntington, Samuel (1993) The clash of civilizations? Foreign Affairs 72(3), pp. 22-49 Jasper W (2001), United Nations exposed, John Birch Society, P. 9 McGarry, J, O'Leary B (1995) Explaining Northern Ireland. Wiley-Blackwell. pp. 18 Melvern, Linda, (2004) Conspiracy to Murder: The Rwandan Genocide, 1st ed. London: Verso, 2004, P. 49 Melvern, Linda, (2006), Conspi racy to Murder: The Rwandan Genocide, 2nd. ed. , London: Verso, P. 7 Mitchell G (1998), Liberty Medal acceptance speech, speech on July 4, 1998. Available: http://www. constitutioncenter. org/libertymedal/recipient_1998. html [accessed: 2011-10-08] Ruane, J and Todd J (1996) The Dynamics of Conflict in Northern Ireland: Power, Conflict and Emancipation.Cambridge: Cambridge University Press. P. 17 Smith, Anthony (1986) The Ethnic Origins of Nations. Oxford: Blackwell. Wallensteen P and Sollenberg M (1995) After the Cold War: Emerging patterns of armed conflict 1989-94, Journal of Peace Research 32(3), pp. 345-360 Walker C (2004), The Timelessness of Nations. Nations and Nationalism, New York: Alfred Knopf. Wolff S (2010), ââ¬Å"There is no good news about ethnic conflict and civil warâ⬠¦or is there? â⬠, Speech in July 2010, Oxford, Available: http://www. frequency. com/video/stefan-wolff/506736? raw=true [accessed: 2011-10-23]
Wednesday, August 14, 2019
American Criminal Justice Systems and Functions
Criminal justice is the system of legislation, practices and institutions used by the federal, state and local governments to maintain social order by controlling crime and punishing those who violate the set laws with criminal penalties. In the past, the society had their own ways in which they controlled behavior of individuals and groups so that social order would be achieved. Most societies were controlled by norms, beliefs and values which ensured every individual or group confirmed to the societal set values. The indigenous societies sanctioned the members who did not conform to the societal values and norms.Type of sanction differed from society to society. In some societies, those who violated societal values by engaging in criminal and deviant behavior, for instance, rape, the individual in most societies was perceived as bad omen and the sanction included communication from society or burning the person into ashes. The sanctions encouraged conformity in the society (Cole, 1 999). In the modern times, norms still control behavior in some societies by immigration and intercultural interactions have limited the behavior control through norms.America in particular is inhabited by people from different nationalities and cultures and therefore becomes the ideal control tool for crime. American Criminal Justice systems present a uniform system that control behavior of individuals regardless of race, religion, culture or ethnic group and hence assist in maintaining social order in the American society. The Criminal justice policy in the United States has been guided by the 1967 presidentââ¬â¢s commission on law enforcement and administration of Justice which issued initial reportâ⬠the challenge of crime in a free society.â⬠The commission advocated a ââ¬Å"systemsâ⬠approach to criminal justice. The Presidentââ¬â¢s commission defined criminal justice system as the means for society to ââ¬Å"enforce the standards of conduct necessary to protect individuals and the communityâ⬠(Cochranc, Melville and Marsh, 2004; Feinman, 1994) In America, the law enforcement agencies include police prosecutors, courts, defense attorney and corrections which are concerned with arrest, charging adjudication and punishment of those found guilty hence maintaining social order.In the ancient time, especially in the Middle Ages, common forms of punishments included exile, payment to victim in case of violent crimes, lack of payment attracted harsh penalties like corporal punishment in form of mutilation, flogging and sometimes execution. The present criminal justice systems try to ensure fairness and justice. Past data indicate that the society in US did not respect police as law enforcers until 1920. s when the police adopted new technology and placed emphasis on community policing following urban unrest.Introduction of comp stat in 1990s, in the police departments has assisted the police to track criminals and the criminal justice system hold police responsible for dealing with crime problems. The interaction between the police and the community through community policing has assisted in tracking criminals. Criminal law in America involves persecution of an individual by the government for committing an act that has been classified as a crime. Most crimes in the United States are established by local state and federal government.In a criminal case, the state through a prosecutor initiates the law suit and the offender jailed authorized to pay a fine or both. In American Justice System, crime may be classified as felony or misdemeanor. Felony includes serious offences like rape and murder which attract one or more yearââ¬â¢s imprisonment. Misdemeanors include such crimes like petty theft which attract less than a year imprisonment as a way of correction. However, before any act is considered crime, it has to be established by statute or common law (Walker, 1993).Scholars have contributed a lot in the Ameri can Criminal justice system. Scholars through providing courses in criminology and psychology assist in explaining why some individuals engage in criminal behavior and classify different types of crimes like organized crime, white-color crime and juvenile crime. Sociologists have put forward classical conflict and positivist theories that explain why crime occurs and give remedies on how to curb the crimes and control further c criminal cases in the society. In America, crime is defined, classified, graded prohibited and punishable by the state.Criminal law in America is distinguished from all other kinds of law because it carries it the moral condemnation of all society. All crimes are an injury against the society because the society as a whole through its legislatures has made of collective judgment that certain behaviors are harmful to the societal interestsââ¬â¢ (Walker, 1993) In the recent past, there have been occurrences of violent crimes which have promoted the governmen t to revise and classify c criminal acts. American legislature has classified the crimes in different categories and they attract different punishments.Treason, sedition and espionage are crimes that are committed against the state. The crimes indicate non-patriotism of the offenders and the government controls such crimes for the protection of natural security. Most offenders who are found guilty of the offence receive heavy punishment, for instance, corporal punishment which may include execution depending on the intensity of the offence. Murder, manslaughter, rape, kidnapping, assault and battery are crimes that are committed against persons. These crimes too fall under felony and the state ensures there is societal order and uniformity.The state punishes the offenders with the objective of protecting the persons against violence. Burglary, arson and home invasion are classified as crimes against habitation with the aim of protecting the safety and security of oneââ¬â¢s home. The crimes too are considered felony and must be discouraged to ensure harmony in the society (Cole, 1999; Parker, 2006; Cochranc, Melville and Marsh 2004). Theft, larceny, robbery, vandalism, forgery, extortion, fraud and embezzlement are classified as crimes against property and are controlled to protect private property. Protection of property ensures there is harmony and order in the society.Disorderly conduct vagrancy, incitement too riot, motor vehicle offences and alcohol and drugs are classified as crimes against public order and are controlled to protect public peace, order and safety. Resisting arrest, obstruction of justice, bribery, escape and contempt of court are classified as crimes against administration of justice by legislature and are controlled to preserve honesty and efficiency of public administration. Prostitution, sodomy, obscenity, incest, indecent exposure, gambling alcohol and drugs are classified as crimes against public morals and they area controlled to ensure tradition morality is maintained.This will ensure that the society is morally upright. Bestiality and animal abuse are crimes against nature and the crime is regulated to maintain public health. Pollution, fishing and hunting, smoking and toxic waste dumping in America are crimes against environment and the state regulate them to preserve public health and natural environment. All crimes in US are ââ¬Å"ownedââ¬â¢ by the state which does prosecution in its own name to maintain societal order and harmony. Police are the first grouped the offender encounter first in criminal justice system (Walker, 1993; Cole, 1999). The police do investigation and arrest the offender.After the arrest the criminal is taken to court where justice is administered through court ruling. A prosecutor who acts on behalf of state then makes accusation of the individual against the state in criminalsââ¬â¢ proceedings. The offender through his/her attorney can justify his innocence before a judg e or panel of judges or jury. In America, plea bargaining is allowed where the accused is given reduced punishment when he pleads guilty. In some cases, the justice system in America like any other justice system is prone to bias discrimination which is a threat to objective decision.After the curt ruling the offender is turned to correctional authorities when found guilty (Walker, 1993; Cole, 1999). In America, prisons are meant to reform criminals hence viewed as the best correctional authority. In America, the offenders may be required some set amount of fine to be set free or in conjunction with imprisonment. In the recent past, probation has become common where the individual mobility is limited together with opportunity to commit a crime while in prison; the prisoners are equipped with various manual skills that will assist then to live a productive life after prison.Also, there are other prisons where the prisoners are given religious ethics to assist them reform positively. Death penalty in America is rarely administered as many activists have argued that it violates the human rights of the criminals. American court system is based on English statutes. In the court, four groups are involved in criminal case proceeding. These include the offender, prosecutor, judge or panel or judges or jury and the attorney. American legislature is responsible for enacting statutes, for example criminal law which govern conduct of individuals, groups or organization.American court system is governed by rules of procedure. The criminal cases in the court require special contribution safeguards for the accused. In a criminal case, the party that brings a case is called the prosecutors and the person sued is called defendant. The American legal system allow defendant to be represented by a lawyer who should protect the interests of the person. If one cannot afford a lawyer, the state provides a lawyer. A jury in American court system listens to the evidence and determines the outcome based on substantive law as instructed by a judge.The judge in American court system acts as a reference by enforcing the rules and explaining the applicable law. Criminal court system in America is on top of the thirteen individual state judicial systems. The American constitution contains very little about criminal law. Criminal law is the collection of rules that identifies behavior that is condemned by the government with the aim of protecting the health and safety of American citizens and the state punishments with violation of the set rules (Feinman 1994; Parker, 2006). American criminal justice system is sometimes viewed to be unfair.Some cases of unfairness are genuine especially when there is discrimination based on race, religion and ethnic group. However, some cases of unfairness are based on misconception or due to conflict of law criminal. Most criminal defendants are not incarcerated for their crimes, not because the state lack resources to finance impriso nment, but because their offences are not insufficiently serious to warn imprisonment. Most crimes are directly related to lack of education, homelessness, mental illness, drug addiction, alcohol addiction, lack of proper parenting as opposed to evil motive.Therefore many judges, defense attorney and police officers are aware of the cause unless they are new in the career. However, American criminal justice advocate for constitution follow-up (Cole, 1999; Cochranc, Melville and Marsh, 2004). Judges in criminal cases act universally in a conservative manner. This means that most judges will not risk political fall out or destruction of their professional career for the sake of safeguarding individual defendantââ¬â¢s rights. Conservative ruling usually involves following constitution and state statute. It may also be based on public policy over settled constitutional and statutory law (Walker, 1993).In the American criminal justice system, it has been noted that 90% of criminals pl ead guilty hence trials are rare. Prosecutors in the criminal justice system represent the state and not individuals together with the judges. But judges represent the state in a different capacity from the prosecutor. Defense attorney represent the defendant rights. Jury is known to represent the people hence prosecutors prefer trial ââ¬âby judge while defense attorney prefer trial by ââ¬â jury (Cole, 1999; Parker, 2006) In conclusion, American criminal justice system is controlled by the American constitution and differs in the various states.The system is mainly meant to maintain order in society. References Cochrane, J. , Melville, G. , & Marsh, I. (2004). Criminal Justice: An Introduction to Philosophies, Theories and Practice. London: Routledge. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=108764949 Cole, D. (1999). Discrimination and Denial: Systemic Racism in Ontario's Legal and Criminal Justice System, 1892-1961. Canadi an Journal of Criminology, 41(3), 428. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=5001287719 Feinman, C. (1994). Women in the Criminal Justice System (3rd ed.). Westport, CT: Praeger Publishers. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=15255576 Parker, M. (2006). Asphalt Justice: A Critique of the Criminal Justice System in America. Journal of Comparative Family Studies, 37(3), 479+. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=5016038470 Walker, S. (1993). Taming the System: The Control of Discretion in Criminal Justice, 1950-1990. New York: Oxford University Press. Retrieved November 29, 2007, from Questia database: http://www. questia. com/PM. qst? a=o&d=97471694
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