...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...contributing to the increase in criminal behavior among women include spousal abuse, substance abuse, and mental illness. The treatment of female offenders is becoming an increasingly important issue. Female offenders are often incarcerated in facilities designed for male treatment and rehabilitation needs. In the past, it was considered that male and female inmates had similar treatment needs, but as correctional administrators become aware of the increasing numbers and the differing needs of female offenders, they must re-evaluate the available treatment programs and begin to implement revisions to the management of program plans. It is now clear that differences in treatment between women and men within the judicial and correctional systems often have harmed rather than helped women (Harris 1998). In addition, Harris (1998) adds that evidence continues to grow of ways in which women’s experiences have been tied to their race and class, as well as the part of the country in which they lived and other personal characteristics. Research suggests that female offenders differ from male offenders on many factors relevant to rehabilitation and treatment planning. The focus of current research is why the population of female offenders is increasing drastically in comparison to the male population. The drastic increase in the number of female offenders illustrates that there is a strong need to increase the number of treatment...
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...Should Felons be Allowed to Vote? 1 In this essay, I will be in support of felons having their voting rights restored after serving their prison sentences and completing all terms and conditions of probation or parole successfully. My reasons for supporting the restoration of felons’ voting rights are because voting is a “right” under the Constitution of the United States. After a person serves their prison sentence; some ex-felons have the ability to be and remain rehabilitated and live productive lives. Also, the laws are changing making it easier to be charged as a felon. Most of the people that are against felons voting claim that they make bad judgments because they do not abide by the laws. Also, convicted felons continue to violate the laws and further prove they are irresponsible, and felons need to be taught a lesson about breaking the laws (“ProCon.org”). Does a person lose citizenship when convicted of a felony? Citizens convicted of a felony but who have completed their sentencing and parole requirements should enjoy all of the same rights as other citizens. I refute disenfranchisement because it is not a novel practice. Its roots are historic. There have been numerous legal challenges to disenfranchisement laws, and courts have found the practice to be unconstitutional. In these legal challenges, one argument, which courts have never fully examined, however, is that disenfranchisement is linked to...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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...riGild- to cover boring base metal with a nice precious metal “gilded age” credited to mark twain The great leap forward- the prosperous economic times @ end of gilded age. The great leap forward was mainly concentrated in the north. The main cause of the GLF was the industrialization Throughout the gilded age the north accounted for 80precent of the industrial advancements. Until the 1800’s the only 2 components of the American economy was agriculture and overseas commerce. Then during the war of 1812 that began to change. The north started to do more manufacturing. 3 industries at the core of GLF steel industry railroad industry coal industry steel industry- over 400 steel companies. But only produced 200,000 tons of steel In 1900 – fewer than 80 steel companies But they produce 10million tons of steel Railroad industry – customers of steel coal and timber industry Government realized that railroad was so important So they gave it a lot of land. Coal Industry – Saudi Arabia of coal More here than anyone in the world. The Working People of The Gilded Age. Category A workers – white collar people. Had higher status Doctors Lawyers Ministers Journalists Needed higher education. **category A&B =Middle Class Category B workers – Skilled workers Worked with hands Did not dress nicely to work Got paid very well due to their skills Sometimes more than category A’s Carpenters Plumbers ...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...Capital punishment, also called death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The practice of executing people for certain crimes is very old; in fact, the term itself dates to a Latin root, capitalis, which means “of the head,” a reference to a common execution method used in Roman times. Currently 58 nations actively practice it, 97 countries have abolished it, and the remainders have not used it for 10 years or allow it only in exceptional circumstances such as wartime. However, It is a matter of active controversy in various countries as it violates human rights. What Is Capital Punishment Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a capital crime or capital offense. In other words, capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. History Of Capital Punishment Early Laws The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh...
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...-1- Anatomy of a Credit Crisis 2009-07-24 This timeline has grown and been amended since it first appeared in the December, 2008, issue of The Australian Journal of Management, as the editorial, under the title of “The Dominoes Fall: a timeline of the squeeze and crunch”. I include below the December preamble. The version of mid-May, 2009, will appear as the editorial of the June 2009 issue of the AJM, under the title “Anatomy of a Credit Crisis.” I include below the June preamble, in which I assay a framework for understanding the genesis of the crisis. December, 2008: IN ITS LEADER of October 13, 2008, the Financial Times characterized the western world’s banking system as suffering “the equivalent of a cardiac arrest.” The collapse of confidence in the system means that “it is now virtually impossible for any institution to finance itself in the markets longer than overnight.” This occurred less than a month after Lehman Brothers (LB) collapsed, without bailout. Six months earlier Bear Stearns (BS) had been bailed out after JP Morgan Chase (JPM Chase) had bought it for $10 a share, at the regulator’s urging. After LB fell, who would be next? And if LB, who was not at risk? Despite the earlier U.S. government bailouts of the erstwhile government mortgage originators (and still seen as government-sponsored enterprises, or GSEs), the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), and the later bailout of the...
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...on January 28, 2013 by admin — No Comments ↓ This case investigates an innovative bond issue by Enron. The coupon on the bond is indexed to the company’s credit rating, making it a credit derivative structure.« Hide by Sanjiv Das, Stephen Lynagh Source: Harvard Business School 16 pages. Publication date: Feb 28, 1997. Prod. #: 297099-PDF-ENG Case Study 2 – Enron and Arthur Andersen Enron Corporation Case Study 2 – Enron and Arthur Andersen Enron Corporation began as a small natural gas distributor and over the course of 15 years grew to become the seventh largest company in the United States. Soon after the federal deregulation of natural gas pipelines in 1985, Enron was born by the merging of Houston Natural Gas and InterNorth, a Nebraska pipeline company. Initially, Enron was merely involved in the distribution of gas, but it later became a market maker in facilitating the buying and selling of futures of natural gas, electricity, broadband, and other products. However, Enron’s continuous growth eventually came to an end as a complicated financial statement fraud and multiple scandals sent Enron through a downward spiral to bankruptcy. During the 1980s several major national energy corporations began lobbying Washington to deregulate the energy business. Their claim was that the extra competition resulting from a deregulated market would benefit both businesses and consumers. Consequently, the national government began to lift controls on who was allowed to produce energy...
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...United States History Cram Packet This is not intended as a substitute for regular study ……. But it is a powerful tool for review. 1494: Treaty of Tordesillas – divides world between Portugal and Spain 1497: John Cabot lands in North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold - Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. 15. Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. - Mayflower Compact signed – agreed rule by majority • 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” - Gov. Winthrop - Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635: Connecticut founded ...
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...1. Point-Counterpoint State Medicaid Policy and Health Reform Harold A. Pollack University of Chicago Authors: Pollack, Harold A.1 Source: Journal of Health Politics, Policy & Law; Feb2013, Vol. 38 Issue 1, p161-163, 3p The article discusses the positive and negative implications of the new ruling that the federal government could not require states that receive federal funds under the Medicaid program to participate in the Patient Protection and Affordable Care Act's (PPACA's) Medicaid expansion. Several shortcomings like limited provider payment and associated patient access barriers have been observed in Medicaid that make its adoption not a good idea. However, families below the poverty line can benefit. In July 2012, the Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The Court thus ended one phase in the political and legal battle over health reform. Yet in doing so, it opened a new front. In a notable departure from post–New Deal commerce clause jurisprudence, the Court ruled that the federal government could not require states that receive federal funds under the Medicaid program to participate in the PPACA’s Medicaid expansion. In effect, the Court made states’ participation in the PPACA’s Medicaid expansion voluntary — a possibility that neither the act’s supporters nor its opponents seriously entertained during the long legislative battle of 2009 and 2010. The full implications of these...
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...Natasha (Sasha) were born in 1998 and 2001, respectively. Obama was elected to the Illinois state senate in 1996 and served there for eight years. In 2004, he was elected by a record majority to the U.S. Senate from Illinois and, in February 2007, announced his candidacy for President. After winning a closely-fought contest against New York Senator and former First Lady Hillary Rodham Clinton for the Democratic nomination, Obama handily defeated Senator John McCain of Arizona, the Republican nominee for President, in the general election. When President Obama took office, he faced very significant challenges. The economy was officially in a recession, and the outgoing administration of George W. Bush had begun to implement a controversial "bail-out" package to try to help struggling financial institutions. In foreign affairs, the United States still had troops deployed in Iraq and Afghanistan, and warfare had broken out between Israel and Hamas in the Gaza Strip, illustrating the ongoing instability of the Middle East. During his first term, President Obama was able to work with Congress to improve the U.S. economy, pass health-care reform, and withdraw U.S. troops from Iraq. Still the President spent significant time and political effort negotiating, for the most part unsuccessfully, with Congressional Republicans about taxes, budgets, and the deficit. After winning...
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...THE GREAT RECESSION Since publication of Robert L. Hetzel’s he Monetary Policy of the Federal Reserve (Cambridge University Press, 2008), the intellectual consensus that had characterized macroeconomics has disappeared. hat consensus emphasized eicient markets, rational expectations, and the eicacy of the price system in assuring macroeconomic stability. he 2008–2009 recession not only destroyed the professional consensus about the kinds of models required to understand cyclical luctuations but also revived the credit-cycle or asset-bubble explanations of recession that dominated thinking in the nineteenth century and irst half of the twentieth century. hese “market-disorder” views emphasize excessive risk taking in inancial markets and the need for government regulation. he present book argues for the alternative “monetary-disorder” view of recessions. A review of cyclical instability over the last two centuries places the 2008–2009 recession in the monetary-disorder tradition, which focuses on the monetary instability created by central banks rather than on a boom-bust cycle in inancial markets. Robert L. Hetzel is Senior Economist and Research Advisor in the Research Department of the Federal Reserve Bank of Richmond, where he participates in debates over monetary policy and prepares the bank’s president for meetings of the Federal Open Market Committee. Dr. Hetzel’s research on monetary policy and the history of central banking has appeared in publications...
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...Burning Down the House: Mortgage Fraud and the Destruction of Residential Neighborhoods Ann Fulmer March 2010 Burning Down the House: Mortgage Fraud and the Destruction of Residential Neighborhoods Mortgage fraud is bank robbery without a gun. 1 It is a high-yield, 2 low risk enterprise that has been reported in all 50 states, Puerto Rico, Guam, American Samoa, 3 Canada, 4 New Zealand, 5 Australia, 6 and England. 7 In the United States, it is committed by organized international and domestic rings, 8 street gangs, 9 terrorists, 10 drug traffickers, 11 real estate agents, 12 closing attorneys, 13 appraisers, 14 mortgage brokers, 15 The targeted victims distinguish mortgage fraud from predatory lending. In predatory lending cases the borrower is victimized by the illegal practices of the lender or its agents with respect to fees and disclosures relating to the cost of the loan. It is unfortunate that the media, consumer activists, legislators and law enforcement personnel frequently conflate mortgage fraud with predatory lending since it adds unnecessary confusion to an already complex issue and diverts attention and badly needed resources from the fight against true mortgage fraud. 2 The average “take” on a bank robbery is approximately $3,000.00. By contrast, the average straw borrower receives a “cut” of at least $10,000 and the orchestrator’s “take” in a mortgage fraud transaction frequently exceeds $100,000. In a few cases the orchestrator’s take was in excess of $1...
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...sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts...
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