Criminal Justice Authority Essay Example

Criminal Justice Authority Essay Criminal Justice Authority Evaluation The criminal justice system has always operated under discretionary authority. This includes law enforcement, the court system and corrections. Police officers enjoy the benefit of whether to charge for small infractions and whether an incident requires force to be applied. The court system uses discretionary authority in sentencing of the guilty. The department of corrections uses discretionary authority in the everyday running of the prison system, as they are the rulers of their community. Within this paper all of these fields will be evaluated and how the roles of a civilian oversight committee will fit in. There is a growing awareness of how complex police work is. This has come from an examination of the officers’ use of discretion in their daily policing activities. There is also of the critical role that community leaders have in the vitality of their neighborhoods. Discretion is used at all levels of law enforcement not just with the patrol officers. There is a special interest in how the core of police authorities uses discretion to enforce the law. Negative policies (things officers may not do) have at least two limits. First there is that they are unhelpful and irrelevant restrictions. There are rules that limit what they should do which gives supervisors rope with which to hang them with. Second there is a large gray area of necessary discretion and the feeling of not wanting anyone telling them what they should do. Because of the inattention of administrators of the day-to-day policing the beliefs that officers are being told what not to do and will use this to hand an officer crosses the line is across the board with officers. These rules fail to tell the officers what they should do in a positive way (Kelling,  2011). Police discretion cannot be structured by issuing policy statements or proscribing certain actions. There can and will be serious concerns if the departments do not develop policy guidelines that are clear and concise. Discretion is not only on patrol levels but all levels of criminal justice organizations. The portrayal of police work is inaccurate in some cases. Police do not make arrests on whether a law had been violated or not. We will write a custom essay sample on Criminal Justice Authority specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Criminal Justice Authority specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Criminal Justice Authority specifically for you FOR ONLY $16.38 $13.9/page Hire Writer A contributor to crime control is the low-level personnel decision makers. Social problems are solved by criminal law and unlawful behavior is diverse in nature. Criminal justice agency policies have an impact on other agencies. The idea of doing away with discretionary authority in law enforcement is in the minority (Kelling,  2011). The judicial system is made up of discretionary authority. Judging can be described as Main, (2006) â€Å"the art or science of making discrete choices among competing courses of action† (p. 4). In order for judges to rule fairly and equitably they must have the discretion to practice any lawful route. The core of the judicial function is the right to exercise discretion. Judges have the discretion to allow certain courses of actions such as mistrials, motion to exclude, testimony of certain witnesses (whether to exclude them or not) and sentencing of the accused. A judge will make choices at their discretion with the help of different options. The judicial system puts their trust in the judges to make informed and sound judgments. A judge can be persuaded by the arguments of the court advocates. A judge is in the higher position and must see, evaluate and hear the testimony with firsthand knowledge. There are situations that a judge will not use their own discretion to make a decision but will rely solely on the testimony and there will be only a yea or nay decision (Main, 2006). There are judicially-imposed conditions. These conditions can be used by judges to pursue a variety of objectives. There are four categories that overlap: Main, (2006), â€Å"(1) Germane Conditions which are conditions that reflect a close nexus with the criteria for deciding the motion that is precipitating the court order; (2) Fairness Conditions which are the conditions inspired by notions of fairness; (3) Efficiency Conditions which are conditions designed to ensure the efficient processing of cases; and (4) Power Conditions which are conditions expressing judicial fiat† (p. 6). These conditions are applied by the courts. These are concrete conditions but judicial discretion to these conditions must contemplate a number of variations. The judicial system has the authority to induce or impose these conditions (Main, 2006). Corrections are probably the area where discretionary authority can become corrupt more easily. One of the biggest infractions is the misuse of authority. This is the McCarthy  (1996), â€Å"intentional misuse of discretion for personal material gain† (para. 8). There are three offenses that comprise this type of corruption. They are directed against the inmates (McCarthy, 1996). The acceptance of gratuities or rewards from inmates for special consideration in obtaining normal prison privileges; the acceptance of gratuities for help in obtaining or protecting illicit prison activities; and the mistreatment or extortion of inmates by staff or personal gain (McCarthy, 1996, para. 8). Discretionary conduct is broken down in three different forms. They are nonfeasance, misfeasance, and malfeasance. An improper action that an official may lawfully do is referred to as misfeasance. This includes giving special privileges for some type of gratuity. Direct misconduct is referred to as malfeasance. This includes smuggling in contraband and extortion. The failure to live up the expectations of a correctional official is referred to as nonfeasance. This will include ignoring the rules of the organization and ignoring the inmate violations. Legislature gives corrections so much discretionary authority that it allows for the opportunity of corruption. Low-level employees are responsible for controlling and monitoring inmate behavior. This means that they have to make discretionary decisions which will either penalize or reward inmate behavior (McCarthy, 1996). Discretionary acts are given a wide berth by the public until something happens that a complaint is filed. We allow for police officers to arrest or charge, judges to sentence or rule on motions, and corrections officers to control the inmate population using discretionary authority. Some of these are abused and need to be looked into. There are committees formed called civilian oversight committees. The role of these committees is makes sure the officers in the criminal justice system does not abuse their power of discretion. Police should be accountable to the public for the way that they treat people. A civilian oversight committee will oversee the â€Å"conduct on behalf of the public† (Stone Merrick, 2002, p. 1). This is to correct or curb those that abuse their power. The civilian oversight committee will look into any questions of the abuse of power in the arrest, the questioning and the use of force, lethal or non-lethal. Some think that civilian oversight should go even farther into policing. Not just the patrolman but the higher ups in the organization also. Police chiefs have the discretion as to whether to punish or withhold punishment of an officer that has been accused of abusing their power. Civilian oversight committees are being considered to look more deeply into the supervisors that are abusing their power (Stone Merrick, 2002). Civilian oversight committees are being used across the world. They will look out for the fundamental rights of the citizens in relation to law enforcement. In some areas the institutional structures and the legal structure enforcing those rights are incomplete and week. A strong civilian oversight is an effort to strengthen these structures (Stone Merrick, 2002). As more and more civilian oversight committees are formed the criminal justice system will be able to operate more at their discretion because they will be closely monitored. The discretionary authority of law enforcement can cross the lines of good police work. Choosing when to charge an individual with breaking the law can lead to questions of bias. The judicial system appears to run solely on the discretion of the judge. There are conditions that are finally and a judge cannot be discrete when considering these conditions. There are many different variations that determine a judge’s final ruling. Out of all the areas of the criminal justice system the corrections area are more apt to use their discretionary authority for corruption. Giving the low-level employees the room to penalize or reward inmates because of their behavior at their discretion opens the door for corruption. Civilian oversight committees will assure that police, judges, and corrections officers do not abuse their discretionary authority. With civilian oversight committees monitoring these criminal justice systems the public can be assured that they will get fair treatment regardless of what organization they are dealing with. Reference Kelling, G. (2011). â€Å"Broken Windows† and police discretion. National Criminal Justice Reference Service. Retrieved from https://www. ncjrs. gov/pdffiles1/nij/178259. pdf Main, T. (2006). Judicial discretion to condition. MSFraud. Retrieved from http://avenue-s. us/resources/judicial%20discretion%20to%20condition. pdf Stone, C. Merrick, R. (2002). Civilian oversight of the police in democratic societies. VERA Institute of Justice. Retrieved from http://www. vera. org/download? file=95/Civilian%2Boversight%2B2. pdf

Costa Rica Essays - Costa Rica, Republics, Economy Of Costa Rica

Costa Rica Essays - Costa Rica, Republics, Economy Of Costa Rica Costa Rica Costa Rica is officially known as the Republic of Costa Rica. It is 19,575 square miles in size and has a population of approximately 3,342,000 people. It is bordered by Panama and Nicaragua. The capital of Costa Rica is San Jose. Its coastal areas are hot and humid and heavily forested. It has a large chain of volcanoes rising over 12,000 feet. The official language of Costa Rica is Spanish. It is a democratic nation and has no military. Costa Rica has only 3 national newspapers. History Christopher Columbus discovered Costa Rica in 1502. In 1563 Spain began its conquest of the Costa Rican area. In 1821 Costa Rica gained independence and was successfully part of the Mexican empire. Coffee growing started in the early 1800's and banana cultivation began in 1874. Costa Rica's democratic government began in 1889. Its president from 1986 to 1990 worked for peace in Central America. Economically, Costa Rica has a history of payment problems. Government Costa Rica has a democratic government. Its current constitution was adopted in 1949. In Costa Rica, the president serves as the chief executive and head of state. The president is elected to a four year term. The legislative assembly has fifty-seven deputies that are elected for a four year term. The supreme court has seventeen justices appointed by the legislature. Costa Rica's army was abolished in 1948. However, they do have a national guard that can fight in a time of war. Costa Rica's seven provinces each have a governer appointed by the president. All citizens 18 years of age or older are required to vote in the national election. The country's two main political parties are the National Liberation Party and the Social Christian Unity Party. Population and Ancestry In 1994, Costa Rica's population was about three and one quarter of a millon people. It is estimated to be growing at a rate of about two and one quarter percent. At this rate, Costa Rica's population will double in 30 years. Costa Ricans take great pride in their country's heritage of government and social equality. They do not take for granted their personal dignity and strong family ties. Almost all of Costa Ricans speak Spanish but some blacks speak with a Jamaican dialect. About 90% of the people belong to the Roman Catholic Church. Housing About 50% of the Costa Ricans live on farms or in rural towns. A lot of farmers live in Adobe cottages with thick, white stucco walls and red or pink-tiled roofs. Most of Costa Rica's city people live in row houses. Many Costa Ricans like to decorate their homes with plants and flowers. Wealthy familys live in large ranch-style homes surrounded by huge gardens. Food Parts of the diet of many Costa Ricans can include beans, coffee, corn, eggs, rice, and tropical fruits like bananas, guaves, mangoes, oranges, and pineapples. Many Costa Rican families also serve beef, fish, poultry, and many kinds of soups. Tamales and tortillas are also foods that are often prepared. Education About 90 to 93% of Costa Rica's people can read or write. This is a higher percentage than any other country in Central America. Law requires all children to complete elementary school and then they may choose whether or not to continue on with their education. Costa Rica has several universities which include the National University in Heredia and the University of Costa Rica by San Jose. Sports and Recreation Most Costa Ricans enjoy spending their leisure time outdoors. Soccer is the national sport and playing fields can be found everywhere. Basketball, tennis, and swimming are also popular. On some religious holidays, bullfights, fireworks, and masked parades can attract thousands of Costa Ricans and foreign tourists. The only 18-hole golf course in Costa Rica is at the Cariari Country Club, just west of San Jose. However, there are many 9-hole courses. The country's national gymnasium is in Sabana Park. Many tennis courts are also in Sabana Park. Rodeos and bullfights are held at Santa Cruz. In a bullfight, the bull chases men around. During Christmas festivities, there are also Mexican style bullfights in which the person tries to kill the bull. Economy The most valuable natural resource in Costa Rica is the fertile volcanic soil. Trees such as oaks, pines, and tropical hardwood cover about 1/3 of the land. About 1/4 of Costa Rica's workers are in farming or ranching. Bananas, beef cattle, coffee, corn, rice, and sugar cane are the country's leading agricultural products. Some farmers also grow oranges, beans, potatoes, and other fruits and vegetables. Costa Rica's leading manufactured products include cement, clothing, cosmetics, furniture,