Saturday, March 28, 2009

My future ride someday I hope






Week 2 Criminal Justice 03/28/09

Intro to Criminal Justice 1
This week in Into to Criminal Justice 1 we looked at the five types of laws

  • Case law
  • Procedural law
  • Administrative law
  • Civil law
  • Criminal law
Case law,aka "precedent" is the practice of considering finding in previous court rulings and applying them to future cases. Sort of unwritten guidelines to follow to keep the courts consistent in their rulings.

Procedural law is the law that governs the way police and courts handle the gathering of evidence and processing of offenders in the criminal justice system.

Administrative law is the laws that govern individuals,business and industry. Tax laws, health codes and motor vehicle laws are common examples of administrative law.

Civil law is the law that deals with relationships between parties and is usually more focused on liability issues where people are seeking monetary damages rather than criminal.

Criminal law deals with people who have committed a crime against the state or society. These are usually the most severe crimes and carry a prison sentence. Victims of criminal law may also use civil law to receive monetary compensation resulting from an act against them of the criminal law.

In the class discussion we discussed the difference between "mala in se" and "mala in prohibita" offenses. "mala in se" refers to crimes that society generally excepts around the world as being wrong without having to have laws to tell them it's wrong. Things like rape and murder are common examples. "Mala in prohibita" refers to crimes that some people don't see as wrong other than the fact that the law says it is, drug use and prostitution are common examples. Some students wanted to draw the line between big crime/ little crime, but I don't think it's quite that simple. One person offered DUI as an example of what he though was "mala in prohibita" offense,but I disagreed, I think people should know that drinking and driving is going to put their lives and others in danger without the government telling them,which would make it a "mala in se" offense in my opinion.

In our text book we were given an example from Iraq where troops were at a hospital and detained a man who was beating his wife, after realizing how badly he beat her he decided to take her to the hospital for treatment,but while waiting he continued to beat her until the troops intervened. He demanded he was exercising his right under Islam law to beat his wife because she attempted to stop him from having sex with their 14 year old daughter. There was nothing the soldiers could do besides call the woman a taxi and send her to her mothers house because the man had not violated any law,it's not illegal to beat your wife or sleep with your daughter under Islam law.

The soldiers,having grown up in an American society, reacted instinctively when they saw a man beating a woman to protect the woman, why do you think nobody else tried to stop the man assaulting his wife in a public place? Because they did not see anything wrong with it most likely.

As hard as it may be for us to grasp here, domestic violence and incest are "mala in prohibita" offenses,due to the fact that other parts of the world practice them on a regular basis without knowing that there is anything wrong with it. However despite the lack of laws against it, the mother in case still felt it was wrong and tried to defend her daughter.

In the written assignments for this class I was given five examples of laws and had to classify each one by it's type and explain why I came to that conclusion.

Intro to Police 1
This week in our reading we went back to the very beginning of policing in the world beginning with Sheriff's dating back to 1066 in England. The office of Sheriff still exists in England today but has little police power since the 19th century. Believe it or not there are American Sheriff's offices today that have little police power. The Denver county sheriff in Colorado for instance has the responsibility of running the jail and all other common functions of a sheriff's office, serving papers and working the courts system, but has no patrol division at all. In some counties in America you will see agencies called "county police" which is essentially a patrol division that would handle what a sheriff's would normally,but the sheriff in that county does not have any police power therefore they can not have a patrol division.

Then came the constable,which began in England around the reign of Edward I until the creation of the office of Justice of the Peace(JOP) around 1200 which limited the constables to making warrant arrests issues by the JOP. Parliament eventually abolished the office of constable in 1856. In the US however the office still existed,although still without pay. By the 1930's twenty one state constitutions provided for the office of constable. The position fell into disfavor because they were seen as untrained and wholly inadequate officials in the law.

The office of coroner appeared in England by the end of the twelfth century. It was an elected official with duty of overseeing interests of the crown. Coroners were given the responsibility also of determining causes of death and the party responsible for it. Coroners were not compensated, but elected for life.Eventually they were allowed to charge fees for their work.
The office was introduced to America but was slow in gaining recognition because the duties were already being performed by Sheriff's and JOP. From the early twentieth century the duties of this position fell primarily into finding causes of death.

The JOP came to England as far back as 1195 and was nominated by the king to preside over criminal trials. Early JOPs were wealthy landowners and eventually removed power from sheriff's and constables.The office has been plagued with public disfavor and during the sixteenth century they were referred to as "boobies"(not to be confused with Bobbies,which we cover later) and "scum of the earth" due to the caliber of the people who held this office, who's only requirement was to be a wealthy landowner and be able to buy their ways into office.

England in the early twentieth century abolished the landowner requirement and the office was focused on extensive but strictly criminal jurisdiction. However in the American system JOP's were given jurisdiction in civil and criminal matters. As in England, many of the JOPs in America were not required to have any legal training or experience at all, and most did not. JOPs today are seen as lay and inexpert upholders of the law.

Until 1829 police were unpaid and often it was seen as a duty in which people were forced by the government to take their turns providing night watch in their communities. In the nineteenth century urbanization and industrialization brought new challenges to England and America as crime was on the rise and a lack of a willing and compensated police force gave little help in addressing the problem. Parliament finally came to Sir Robert Peel in 1829 willing to listen to ideas that had tried to be introduced in 1748 but with no success. He reformed the Metropolitan Police of London with what has come to be known as "Peel's principles of Policing" which is the foundation of modern day America policing. Early officers then became known as 'Peelers','Bobby' and 'Roberts'
  • The basic mission for which the police exist is to prevent crime and disorder.

  • The ability of the police to perform their duties is dependent upon public approval of police actions.

  • Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

  • The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.

  • Police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law.

  • Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.

  • Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence

  • Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary.

  • The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.
The idea's were implemented in 1841 in New York City, and the NYPD and modern policing in America were born. However we somehow managed to screw up a good system by trying to tweak it in our own ways, and the system was not finally put into success until the 1980's and is still in use today nationwide by a campaign known as 'Community Policing'.

Thing's on the American frontier were quite different however during the nineteenth century, much wide open land fell into the hands of federal marshals, but their main goal was law enforcement of federal crimes on federal land, such as the railroads. Policing was left up to people
to take into their own hands. Once a state was granted statehood it could then elect county sheriff's.

In class discussion we talked about the effect of Sir Robert Peel on policing, and for the written assignment I wrote a report on how modern police and forensics could have captured the elusive 'Jack the Ripper' the world's first serial killer from nineteenth century London.

Week one grades 03/28/09

Grades for week one of this term are in. Starting with Intro to Criminal Justice 1, there were no written assignments due to the short week, for my discussion thread I received 24/30. I was really sick all week long and the discussion was based on reading material from our textbook and first post was due by Wednesday night, I really had not even read the chapter by that time,so my answer was not very well detailed. I did meet my other requirements to respond to at least two other students by Sunday night and tried to be a little more detailed, the instructor just noted that he would have liked to see more detail in my posts, but they were still good.

In the quiz I got a score of 18/20 getting nine of ten questions correct, and also in a second quiz that was on the APA standards I scored 36/40 getting eighteen out of twenty questions correct.
Leaving me with 88% score after the first week.

Intro to Police I, nothing really happened in this course at all other than the discussion thread, which I scored 27/30 but the instructor noted that I did a very good job and it was exactly what he was looking for, so the deduction of three points sort of baffled me, not sure what it was for,however I will take it, not a bad start. Leaving me at 92% score.

Computer applications, I don't talk about this class much because it does not pertain to CJ, but I will in the grading posts. Had a very basic assignment of taking screen shots in MS Word and pasting them into a document, scored 100, discussion 100, and quiz 26/30 getting eleven out of thirteen questions correct, which is good considering I had not ordered the text book for this class when I ordered my books and software. I overlooked it and thought I only needed MS Office 2007, luckily the first two weeks reading are available online. I am home now and I have the textbook so I'm good to go from here. I'm at 97% in this class after week 1.

Monday, March 23, 2009

03-23-09 First week of CJ courses

Well as I mentioned in my last blog I've started my second term here at Westwood College Online(WOL) and this is going to be my first full term (10 weeks). We started in the middle of the week so not much really happened. In Intro to Police I all the students posted their introductions and we participated in classroom discussion. The topic was whether or not there is true equality for all for everyone, particularly in the courts system. I think I only seen one student who said they believed there was equality for everyone, and this prompted question from the instructor for further explanation. They basically felt that all sentences were achieved in an equal manner regardless of whether we agreed upon them or not.

Everyone else pretty much disagreed. The main focus seemed to be on recent cases of celebrities in the court system. Many people feel that people do get special treatment and reduced sentences for the same crimes that would bear much harsher punishment on the normal citizens. It is a question of whether or not it's because of who they are or the lawyers that they can afford that seems to lead to this.

One question aside from that is how do normal people who commit the same crimes get different sentences? One answer is plea bargaining from the District Attorney's (DA) office. For instance in cases where multiple criminals may be involved, the DA can get valuable information from a person incarcerated for exchange of a lighter sentence that may lead to the arrests of many more criminals,who may unfortunately not get the reduced sentence because they were not arrested first.

Some of the students disagree with this practice, but it is my opinion that letting one person go with a lesser sentence in the effort of catching more criminals is a small price to pay, rather than lock one person up and have the others running the streets. I do not believe that it is reasonable to think the DA can gain this information from a suspect without some incentive.
Other than that nothing much going on in this class the first week.

Now in Intro to Criminal Justice I we read the first chapter in our textbook,which is quite thick.
The workload in this class will be substantially more than the Police course. This provides a good balance for me,since I'm a trucker working 70 hours a week.

This chapter basically lays down the fundamentals of the criminal justice "system" which we will use the term from here on only for description purpose,and in no way imply agreement to a consensus model of justice that the word system implies. The Police,Courts,and Corrections.

We briefly touched on each process a person will go through entering the system from arrest to preliminary hearing,indictment and trial and sentencing if necessary.There are two theories concerning the criminal justice system, consensus and conflict model. The consensus model is a belief that all branches of the system work together seamlessly as if in a CSI TV fantasyland someplace. The conflict model suggests that the each branch of the systems has it's own agendas and does not always work with other branches and their agendas.

The conflict model obviously describes the real world criminal justice system in the western world today. The basic theme of this textbook is described as showing the difference between two groups of people, the individual rights advocates and the public order advocates. Individual rights advocates such as American Civil Liberties Union (ACLU) demand the right of people accused and convicted of crimes and will sacrifice no individual rights regardless of the situation or threat to society. The public order advocates want quick action by law enforcement in protecting the rights of society over the rights of criminals,and believe that some rights can be sacrificed if it is to protect the public from harm.

Each side wants it their way,but this is an unrealistic approach I believe. It is there for the job of the american criminal justice system to protect the public from harm while still maintaining the basic individual and human rights of those suspected and convicted of a crime. When you see lady justice holding the scale,this best represents the effort of the system to achieve this balance.

We also briefly touched on the history of crime in America, from the 1800's and early 20th century to the major changes that came in the 1960's and 70's to the drug war of the 80's.
I also was introduced to the American Pyscological Association (APA) format of report writing for social science college papers.

This kind of caught me off guard because it's all new to me,luckily we did not have any written papers this week, so I was able to spend a lot of time studying this new format which we will use from here on for all report work in the criminal justice program. Week 2 should be very exciting,we will have a lot to discuss I'm sure, thanks for reading.

Thursday, March 19, 2009

Criminal Justice courses begin

Alright the first term is done, a 5 week mid-term course. I came out with about a 96% grade in business class and 86% in Success Strategies. Now on to the fun stuff, the reason I am in this, Criminal Justice. After about a week and half break I began my new term on Weds. March 18th 2009 in the courses of Intro to Criminal Justice 1 , Intro to Police 1 and Computer Applications.

Intro to Criminal Justice, I'm very excited about taking this course as it is the gateway into all studies in my degree program. When I signed in and read the Syllabus for this course I was amazed at the introduction of our professor. A man with 40 years experience as a military and federal law enforcement officer. He has quite the resume and a very extensive background in criminal justice, working in cases around the world as a federal investigator. He also has a very extensive educational background and has been a criminal justice professor in many universities and online colleges. I feel that we are in good hands and can learn a lot from this professor. He offers us this photo of what he calls "at the office."



















Intro to Police 1, this course is pretty self explanatory, it's an introduction to law enforcement agencies,including the history of police forces throughout world history. This course is taught by a professor who was a patrol officer with the Chicago PD during the 90's and also has an extensive educational background in criminal justice. One thing that he said that I really liked was that his bachelors degree in criminal justice was very useful to him on the streets, and he thought it made him a much better officer than if he had not got it before becoming a patrol officer. This makes me feel a lot better knowing that I'm not wasting my time and I really will be able to apply what I learn in this program.

Last we have Computer Applications, which is a course of mastering Microsoft Office 2007 software, and is taught by a professor with an educational background in computers.

One thing that is new to me this term is the APA standards for writing, which all my future reports must follow these guidelines. Hopefully after a few lessons I will be able to pick this up quickly and have no problems with it. Stay tuned for more in the coming weeks, the criminal justice blog should get much more interesting now.

Saturday, March 14, 2009

Tuesday, March 3, 2009

Finals week is here!

I have reached the end of my first term at Westwood Online. It was a mid-term course, 9 week course shortened to 5 weeks. The workload has been pretty heavy, but nothing I could not keep up with. I've really enjoyed the Business class and have scored 100% on all my written assignments and weekly class discussions. My grade at the end of week 4 is 94.99%. I have missed a few questions off the quizzes each week which has knocked my score down a few points.

Last week I was at home Tuesday - Friday and found it a lot more difficult to get my school work done, even though I had a lot more time to do it than if I was on the truck, It was much easier to get distracted by other things rather than do my school work. When I went back on the truck Friday I found I had a lot of work left to do, and only 2 days left. I completed all my assignments but was left 'skimming' on my reading assignments, which resulted in missing 6 out of 18 questions on the quiz last week. I was not happy with myself with that result, that is the most I had missed in this course on a quiz.

Basically what we have covered in business class is economics, e-business,management,marketing and unions. Week 2 - 4 we had to find a business article off the web and write a report relating to that weeks studies. Last week I found a story about how a woman used market research studies to increase sales of her pubic hair coloring product line,and since we were studying marketing I figured it was the best match! Very interesting article from Forbes.com.

Maybe being on the truck is a good thing. When you have really nothing else to do but study, you can get a lot more done. I was wandering why the instructors were complaining about people not getting their work in on time, and my student adviser told me I was one of the quickest. I thought for people at home they should have plenty of time to do there school work, unlike me working 14 hours a day. Now I understand, more free time is not always a good thing unless you learn how to self discipline.

I am having a bit more trouble in success strategies, I went into the class thinking it was going to be a real easy course. I was wrong, it is a lot tougher than it sounds. It took me three weeks to get a 100% on a written assignment. The first few weeks I failed to do spelling and grammar checks and the instructor is very hard on those things in this class. Last week I turned in an assignment where I was supposed to write 5 sentences per paragraph on the assignment, but came up a little short because I was just stumped; did not know what to say. Also I turned in an assignment but did not properly attach the document, so I got a 0 for no submission. It's a good thing the assignment was only worth 20 points. I have re-submitted the assignment and hope that I can at least get a 10 for it. Overall I'm at 82.91% after 4 weeks, so that's still is not to bad.

During the mid-term test 2 weeks ago I scored 126/150, and the final assessment test is this week. For my final project in business class I did a "job shadowing" report of my patrol ride along with Denver PD, and I interviewed my buddy about his job there. I suspect I should get a high grade on that report, I completed that today and submitted it.

Next week is a break and then we begin our new term of 9 weeks and 3 classes, and should begin having Criminal Justice courses.