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I need help with a Law question. All explanations and answers will be used to help me learn.

This week’s lesson focuses on the individual perspective of law enforcement. Law enforcement is divided into three subsections: law enforcement, the judiciary process, and corrections. The three subsections are as clear as mud when viewed through the lens of individuals with varying experiences. This week’s lesson identifies a system that functions in an atmosphere of confusion to be a nonsystem (n.d.). This confusion can be induced via multiple ways to include personal bias and/or current events. Such variables create the fog of war organic to law enforcement. In turn, law enforcement is an easy target to scrutinize because everyone has their own definition of right and wrong as displayed on all media outlets. I believe criminal justice to be a system with the understanding that a delegation of power exists to provide freedom of maneuver for governing states. Though I believe criminal justice to be a system, current events are inducing more confusion than one can imagine and slowly shifting the tide toward a nonsystem. For example, smoking marijuana as an active duty servicemember in the United States Armed Forces is illegal. This has been known for all past and present servicemembers as we are employees of the federal government and federal law prohibits it. State legalization of recreational drugs doesn’t apply to federal employees. With that said, how does it apply to those seeking federal employment? Smoking marijuana is an eliminating factor when applying for federal positions, but if the act was legal per state law then how is the termination of application fair?

To get back on track, modern corrections are inducing confusion as different laws and perspectives collide. The concentration areas listed in the forum description can mostly be tied to culture. Police culture similar to military culture tends to remain static through time. The old school mindset and techniques need to shift in order to remain relevant and effective. Advancements in technology have made accountability easier and a priority for most. Integrity is validated through accountability by wearing body worn cameras to document every police-community encounter. Obvious cons such as sacrificing police discretion is worthy of change to avoid bombardments of public and political attacks. San Diego Police Department is 100 percent outfitted with body worn cameras in order to protect their officers from incriminating accusations while providing invaluable evidence in the court of law. Every jurisdiction is unique and face their own problems. For example, New York Times identified citizens are blurred by the infamous “Stop and Frisk” program that was strongly supported by a current democratic presidential candidate, Mr. Bloomberg. A stop-and-frisk refers to a brief non-intrusive police stop of a suspect (Southall, 2019). This program disproportionately targets people of color without materializing evidence and stirred negativity in the criminal justice atmosphere. This created distrust amongst the police and community that’ll remain for the foreseeable future. A disgusted taste within the community will and have caused hardships for the criminal justice system/nonsystem and it’ll require drastic changes to recover the fast sinking ship.

Solutions to reform the few issues stated above is to be up-to-date on advancements in technology for accountability reasons. Additionally, understand old school tactics and techniques may need to be sacrificed as a proof of concept. Newer generations aren’t afraid to challenge and lack mutual respect. Mutual respect needs to be earned through greater police-community relations via visible efforts, i.e., retrain the force in de-escalating techniques and recognizing their own bias. Rebuilding the cracked foundation found in police-community relations is vital to success. Demonstrated improvements will help the community shift their mindset in which the effort will then be placed on them to be respectful to the representatives of the law. I believe mutual respect will improve all areas in some form or fashion.

r/

Patrick

References:

APUS. (n.d.). Lesson 7: Criminal justice: non-system, law enforcement, judiciary process & corrections. Retrieved from https://edge.apus.edu/portal/site/421292/tool/125f…

Southall, A. (2019, November 17). Why ‘stop-and-frisk’ inflamed black and hispanic neighborhoods. Retrieved February 17, 2020, from https://www.nytimes.com/2019/11/17/nyregion/bloomb…

Robert:

Laws and regulations have been put in place to protect both law enforcement and the community they serve. But sometimes lines are crossed by those that are supposed to keep the peace. There are six areas in which the police departments may have specific discrepancies that need adjustments. The constitutional due process has helped put individuals in place to uphold the laws of city, state, and government. The court systems that we utilize have developed through “trial and error”. For instance, when police officers would arrest suspects prior to 1966, it was not necessary to ensure that they were informed of their constitutional rights before questioning. But because of the case of Ernesto Miranda, who was arrested in 1963 and improperly interrogated, the Supreme Court passed a decision to omit his statement during trial. “The police duty to give these warning is compelled by the Constitution’s Fifth Amendment.” (McBride, 2006) Thus was created the “Miranda Rights”.

As time passes we continue to learn and make adjustments on laws, just like Miranda. The civil rights movements of the 1950s and ‘60s help to develop the system we have today. Though many may say it is not perfect, even today, we have resolved many issues because of previous encounters between police and the communities. But even in the 21st century we encounter issues with law enforcement violating civil rights by accident or purposefully. The use of excessive force has been a clear issue that many citizens feel is a direct violation of what officers represent. In many cities police officers are meeting aggression with aggression, instead of being a force of de-escalation. The law enforcement in some places is an agitating force, such as in Chicago. “The Chicago Police Department regularly violates citizens’ civil rights…” So in turn citizens always hold local police in a negative light.

When Police are always met with aggression in their communities their automatic response would be aggression back. As a result, this can lead to more police brutality issues and the use of excessive force. Again this is a result of time and the effects that are left behind from other actions. Because of all the issues between these two entities, police often turn to corruption. These corrupted cops harm the relationship that is being strengthened by the positive officers. We must rebuild the relationship between the community and police through communication and several solutions.

Possible solutions to all of these problems are continuously being updated. But overall the ability to remain consistent with the law and not being so sporadic with the way decisions are handed out. We need police officers to continually be trained on community relations. Having officers that immerse themselves into their cities will help them build a better bond. We must also reemphasize the importance of respect toward authority within the communities. Community leaders play a critical role in demonstrating the importance of obeying the rules and trusting the authority. We will have to nurture the community to respect the law once again.

References

Schram, P. & Tibbets, S. (2017). Introduction to Criminology: Why Do They Do It? 2nd ed. Sage Publications.

McBride. A. (2006).Expanding Civil Rights: Miranda v. Arizona. The Supreme Court. Retrieved from https://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html

Bellware, K. & Reilly, R. (2017). Huffington Post. Chicago Police Routinely Violate Civil Rights, Withering Justice Department Probe Finds. Oath Inc., 2017. Retrieved from http://www.huffingtonpost.com/entry/chicago-police-doj-investigation_us_5877da55e4b06df924cb7b9

Charles:

Good evening class, today we discussed the NON system in the judicial system. It is believed that the justice system is a non-system because of the fact that each part of the system law enforcement, judiciary process and corrections overlap allot of the time. Some other reasons that people have a view such as this is because the federal government, each state, each county and most cities have some form of law enforcement. However, what may be legal in one city may not be in another and the same could be said for each area. Some things are legal in certain states such as marijuana but on a federal level it is still illegal. The judiciary system has these same issues where you will have judges, clerks, attorneys, book keepers, officers and paralegals but each district may deem someone more of a priority than another. Corrections also has separate areas in it such as the jails, prisons half way homes, house arrest, and parole services. Yet each city or state may view one treatment option more favorably than another based off of how their community reacts toward it. With all these different variables it is no wonder people see the legal system as a non-system. There is allot of confusion about what is ok and what is not even for the workers who may transfer from one place of work to another in the same field.

Each area in the justice field is under a magnifying glass anytime someone is arrested or even suspected of committing a crime. Depending on the type of crime that was committed will determine who will deal with it to determine if indeed a crim has been committed. The severity of the crime can also determine who needs to look into this as well because the people who will get you on traffic tickets will not be the ones who are investigating a homicide. The judicial system also has these same issues as to where you were arrested, the type of crime committed and the severity of the crime itself. This will determine what type of court you go to or if you will just pay a fine before the clerk and call it a day. The corrections system has its own separate areas that are pretty hands on I fell. You will either go to a jail or a prison most likely. If it is your first time and the judge want to be kind of lenient, they can give you parole where you would meet with parole officer every so often but serve no jail time as long as you do not commit another crime. Rehab programs are available through this system as well to help people who seriously want the help once they realized they have a problem.

I believe that the most problems come with officer’s discretion as each officer is different and each situation is unique therefore you really can’t have much of a consistency with these areas. What may be ok for one officer may not be ok with another. It can also depend on that officer’s mood for the day and what they have already been dealing with since they got on shift. Honestly other than giving these officers good leadership courses and more hands-on practice with decision making there isn’t much to do for this.

Criminal Justice: NON-System, Law Enforcement, Judiciary Process & Corrections. (n.d.). Retrieved from https://edge.apus.edu/portal/site/421292/tool/125ff684-3abb-4f44-8076-ae15e126ddc2/ShowPage?returnView=&studentItemId=0&backPath=&errorMessage=&clearAttr=&source=&title=&sendingPage=3631411&newTopLevel=false&postedComment=false&addBefore=&itemId=15044914&path=push&addTool=-1&recheck=&id=

Tows322, B. (2019, March 6). USA Criminal Justice as a NON-System. Retrieved from https://medium.com/@BigTows/usa-criminal-justice-as-a-non-system-3c17fb5a0b69

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