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Criminal Justice In England
Criminal Justice In England
One of the major public services in England is the criminal justice systems. The criminal justice systems in England is enhanced by various agencies such as the police, the courts, the prison service, the crown prosecution services and the national probation service which work jointly to deriver criminal justice process (Baker, John 2002). The work of the agencies is monitored by three government departments namely; Home office, the office of the attorney general and the department of the constitutional affairs. The work of the criminal justice agencies and the government departments is to reform, and improve criminal justice system to prevent and detect more crime, punish and rehabilitate criminals and provide victims and the witnesses more support(Baker, John 2002).. Criminal justices system is developed to react to the acts of crime or behaviors individual portray which are deviant from the society norms and culture.
According to Baker, John (2002) a crime is a deliberate act that ends up in causing harm physically or otherwise toward an individual or a group of people in a way forbidden by the law. Cultures and nations have varied historical ways of determining which acts are criminal and which ones are not. This is due to the fact that different societies regard various human actions differently, in some societies, some acts seems criminal but when done within certain legal limits they fail to qualify as crime while in some societies the same acts committed in similar capacity qualifies as crime offences and are prosecuted (Mason, David 2000).
Once a crime has been committed the criminal justice system is instituted by the agencies i.e. courts or police to investigate, trial, convict and punish the criminals. Criminal offences vary by jurisdiction as well as the punishments however; restitution and deterrence are common elements in criminal justice (Baker, John 2002).
A lot has been done in criminology in trying to study how crime can be eliminated but not even one criminal justice system has managed to eliminate crime completely from the society. This implies that for crime or deviant behaviors in the society to be eliminated or resolved, an understanding of the depth of human nature and societal relationships is needed. This has led to some people regarding family bonds and religious faith as some of the measures that play a major role in turning the ex-convicts of crime to meaningful individuals in the society. Briefly, although no criminal justice agency has managed to eliminate crime from the society, the criminal justice systems have managed to reduce criminal offences to a greater degree.
Aims and objectives of criminal justice systems in England
The main purpose of the criminal justice systems is to deriver justice for all citizens. This can be done by convicting and punishing the victims of crime i.e. the guilty and assisting them to stop criminal actions while providing protection to the innocent. The criminal justice systems are also responsible for detecting all criminal acts and bringing them to justice. The CJS further caries out the court orders such as fine collection, and supervision of community and custodian punishment.
Criminal justice systems main goals range from increasing public confidence by providing fairness and effectiveness in matters relating to crime. This is possible by the use of CJS agencies especially the court systems to deriver justice without influence from any source.
England’s CJS aims at increasing the victim’s satisfaction with the police as well as the witness and the victim’s satisfaction with the criminal justice system. In delivering justice satisfaction of the parties involved in the case is the major agenda. Also CJS is involved in collecting consistent and good quality data relating to ethnicity so as to identify and address the disproportionality of the race in the criminal justice system(Baker, John 2002)..
The working of the criminal justice systems
The working of the criminal justice systems in England and anywhere in the world is possible only with the support of the community. If the community cannot help in reporting crimes experienced within its boundaries then perpetrators/ offenders cannot be brought to justice. Therefore, in particular both the victims and the witnesses play a major role in justice delivery process. When the victims and the witnesses come forth and report the crimes witnessed it comes easy for the CJS to deriver justice accordingly. Thus, CJS is involved in enhancing reporting of the crimes. In UK CJS provide an emergency dial number that one can use to report the crime that is 999 also, it provides that for non-emergency crimes one can contact the local police (Knafla, Louis, 1990).
The CJS is also involved in investigating the criminal offences. When the crime is reported, the police are involved in carrying out the investigation. According to England CJS, the police investigate the crime, identify the suspects, put the suspects in custody and question them. When they complete the investigations, they will treat the suspects differently depending on the outcome of the investigation. For example, they may charge the suspect, release the suspects without charge, and release the suspect with a summons to return later or deal with them by using an out-of-court disposal (Knafla, Louis, 1990).
The out-of-court disposal is an alternative method of prosecution that include; for adults 18 years and above a, simple caution, conditional caution, penalty notice for disorder, fixed penalty notice and a cannabis warning. For youths 10-17 years old at, final warning, reprimand and penalty notice for disorder for 16-17 years of age (Mason, David, 2000).
The crown prosecution service CPS decides whether they or they should not prosecute people in the court of law. Although the police investigate the crimes and decide some out-of-court disposals, crown prosecutors decide on weather to charge the person with the criminal offence and determine the appropriate charge or charges. The crown prosecutors receive the cases from the police, they review them and then makes decisions if they cases are worth prosecution. If they weigh the case and find that it is not worth proceeding for prosecution then it is dropped but if they gauge it and finds it worthy prosecution then they decide under what charge is the offence before they take it to court. Crown prosecutors are the first after the police investigations to try as much as possible to deriver justice(Knafla, Louis, 1990).
In deciding whether, the case /offences ids worth prosecution the crown prosecutors give alternatives of prosecution accordingly. The crown prosecutors reviews the report from the police concerning the criminal offence committed and then decides if it has enough evidence against the defendant and if it is of public interest to bring the offender to trial before the court. In case the crown prosecutors thinks of stopping the case because of lack on enough evidence then they inform the police who may provide further evidence on the same which will change the decision of the prosecutor. Both the police and the crown prosecutor roles in CJS are different even though they work hand in hand (Knafla, Louis, 1990).
The final decision whether the case has to proceed to trial in courts is the responsibility of the CPS. The decision by the CPS weather to prosecute a given act as criminal is guided by the society’s values and customs. For instance, the youth 1-17 years of age are prosecuted under juvenile courts and are not prosecutable in adult courts. No matter what offence they commit. Prosecuting children in adult courts is viewed as one way of condemning the children or causing psychological trauma to the children (Davies, Croall, and Tyrer, 1998). More so, in England prosecution and punishment is intended for rehabilitation. So any form of treatment that does not comply with behavior change and rehabilitation is seen as another social crime committed to children. This society norm has helped in a great deal to shape criminal justice especially for children who might have committed crime without being aware of the charges or consequences.
Cases involving tort law are at most times governed by the negligence standard. The defendant is liable of the crime or injury to another if the injury resulted from her ignorance. Negligence is the failure of meting reasonably amount of care. In some incidences, courts have ruled that the actions that comply with the society norms meet the standard of reasonable care. In other context, the courts have held that since the defendant action was in conformity with the society norms meet the standards of reasonable care (Knafla, Louis, 1990). The above scenario provides that in CJS the norms of the society help in deciding what offences are criminal and which ones are not. In addition, to what extent an act can become offensive and the tried in the court of law.
England CJS involves punishment and rehabilitation especially when the defendant has been found guilty of an offence by the court law (Davies, Croall, and Tyrer, 1998). The courts determine appropriate punishment that is commensurate to the crime committed. Rehabilitation measures are also provided by the court to attempt to change the behavior of the offender not to commit the same crime as well as to prevent others from committing similar crime. Once some on is convicted of a crime, he/she is imprisoned for period that is reasonable according to the crime they commit (Davies, Croall, and Tyrer, 1998). While in prison, they are as well treated with fairness and humanity since human safety is paramount. The prison care and service is not only intended to reduce crime by promoting la abiding citizens but is also aimed at providing productive activities that will educate and rehabilitate the prisoners so that when they are released from prison the y do not re-offend.
National probation service is intended to work with offenders who have just been released from jail or who have been receiver community sentence. This program is intended to force the offender to understand the consequence of the crime committed and help the m make changes in their behavior. This service works together with other agencies to ensure the safety of the public and the offender after the dangerous offender release.
Community sentencing is another rehabilitation scheme or punishment that the offender is subjected to. This service is aimed at changing the behavior of the offender and making some direct amendments to the victims of the crime. Community sentences are not soft options but they include drugs, alcohol treatment and community projects or charity works during the times that the offender is likely to commit the crime (Davies, Croall, and Tyrer, 1998).
In summary, criminal justice systems in England work to deliver justice to all citizens with the aid of CJS agencies. Mostly, the courts are used to deriver justice according to the level of crime committed and its deviance from the society norms and values. USA criminal justice systems resemble those of UK because those two countries mostly share the same laws. The only difference with the USA CJS is that the agencies which work hand in hand with criminal justice services, are monitored by the congress unlike UK where it is monitored y three government departments namely the home office, attorney generals office and the constitutional affairs office (Baker, John 2002).
Works citedBaker, John Hamilton. An Introduction to English Legal History. 4th ed. London, U.K; Dayton, Ohio:Butterworths/LexisNexis, 2002. Bowling, Benjamin and Phillips Longman, Coretta. Racism, Crime and Justice. London, U.K; New York, NY:Longman, 2002.
Davies, M., Croall, H. and Tyrer, J. Criminal Justice: An Introduction to the Criminal Justice System inEngland and Wales (Second Edition), Longman, 1998Knafla, Louis A., Ed. Crime, Police and the Courts in British History (Essays from Criminal Justice History.Westport, CT: Meckler Publishing, 1990.
Mason, David. Race and Ethnicity in Modern Britain. New York: Oxford University Press, 2000.
The Nomadic Professor
Nomadic Professor
The Khmer Rouge used the US bombings as their main theme for their recruitment agenda. The killing of civilians in Cambodian villages led to a better approach to recruitment, demonstrating the failure of the US military campaigns. The Nomadic Professor issues that this should sound somewhat familiar today because of the US military campaign in Afghanistan and the results of the same which has seen a swelling of the Taliban insurgents (The Nomadic Professor 3:20). The activities of the US have led to a better recruitment strategy as the terrorist branch uses the attacks on civilians and villages as a way to increase leadership. Having lasted for more than 4 years between 1975 and 1979, the devastating impact of the bloody US bombing campaign in Cambodia saw mass violence that led to the death of more than 2 million people. The Khmer Rouge, a political group, grew in numbers despite its reputation as a murderous communist group. The group took power, backed by the US government, in a campaign that ended up in many civilian deaths. Today, the Taliban in Afghanistan is also a result of the US campaign in the country. Interactions between Taliban forces and the US government through agencies such as the CIA has led to the same result. While people are no longer slaughtered in the same way as in the 20th century, the strategies are still similar. The US government shares some culpability because of its involvement in not just the Khmer Rouge regime and its crimes but also the Taliban disaster in Afghanistan today.
The warfare and economic situation created a range of crisis in the world (Hunt et al. 819). The US government’s participation in all these issues seems to be repetitive in nature. The Khmer Rouge’s success in Cambodia should have served as a basis for different policies today. Yet, the same foreign policy is used in fighting terrorism and influencing global politics. By partnering with a country’s rouge regimes, the US basically intends to create political changes. However, the effects are almost always the same including bloodshed and mass murders, political failure, and the fall of nations. This has been evidenced in Afghanistan and Libya, as a reflection of Cambodia and Vietnam.
Works Cited
Hunt, Lynn, et al. Making of the West, Volume II: Since 1500: Peoples and Cultures. Vol. 2. Bedford/St. Martin’s, 2019.
The Nomadic Professor. CAMBODIA: What connects the U.S. and Pol Pot’s murderous Khmer Rouge regime? https://www.youtube.com/watch?v=EK-_o_MJLPk
Detection
Serial Killers and Ways of Detection
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Serial Killers and Ways of Detection
A serial killer is defined as an individual who engages in a series of murders, usually with no clear motive and typically the murders portray certain characteristic, predictable behaviour (Pettigrew, 2020). A typical serial killer is believed to commit three or more murders, often in service of abnormal psychological satisfaction, with the murders occurring in a period of at least one month and including a substantial amount of time between them. As such, serial killers differ from other murders in the fact that serial killers often select their victims, take several days, weeks, months, or years to emotionally cool off between murders, and also adhere to a plan when perpetrating crime (Pettigrew, 2020). Therefore, serial killing is one of the most frightening criminal acts that need to be well understood to provide diverse ways to prevent them. According to Marono et al. (2020), the most common targets of serial killers are young adults, but victims are profiled to be anywhere from their early childhood to late adulthood. Unlike what has been observed in single incident murders where males are predominant, serial killers are more likely to victimize females. Therefore, this paper will explore the approaches the help detect serial killers at a younger age and related red flags, which include aspects that may prompt an individual to become a serial killer. Some of the early signs and attributes that are considered to lead individuals into serial killing include antisocial behaviour, childhood trauma, pyromania and arson, voyeurism, and pleasure from torturing animals (Ürmösné Simon, 2018).
Antisocial Behaviour
Portraying introvert characteristics is not considered a definitive sign of violent tendencies but it is observed that early or sudden antisocial behaviour has been associated with violent tendencies (Canter, 2020). For instance, there is a clear variation in the speed at which kids open up to a community but there are cases of extreme isolation that should be considered are red flags. The case of Ed Gein who is also nicknamed the Butcher of Plainfield, a murderer and a grave thief is a good example of serial killers who manifested from extreme aversion to social relationships (Travaglione, 2021). Ed Gein oddly stole bodies from graves and converted their limbs into keepsakes. Evidently, he had limited to no social connections during his young years other than interacting with his abusive and religious mother (Travaglione, 2021). He would be punished for attempting to make friends. As such, it is reported that after Gein’s mother died, he began killing people and searching for bodies that bear a resemblance to his mother with the purpose of making a ‘woman suit’ (Travaglione, 2021). This clearly explains antisocial behaviour at a young stage as a red flag to serial killing. Besides, a situation where a kid who was once outgoing and gregarious suddenly regresses into antisocial behaviour is also a vital sign of a developing serial killer. Such children will start focusing their attention on odd practices such as animal torture and negative thoughts that might make it easy for them to hurt some especially if they are abused (Marono et al., 2020).
Childhood Trauma
Serial killers are also often portrayed as victims of circumstance. Many studies have shown that most serial killers have experienced psychological, physical, and even sexual abuse as children, usually from close family members (Simon, 2020). While the trauma they encountered in the past should never be an excuse for the murders they committed, it does provide a better understanding of the motivation of serial killing. For instance, the helplessness and humiliation individuals experience during childhood are a recipe for their serial killing at a later stage since those experiences are things they want their victims to suffer through (Simon, 2020). This is often referred to as a twisted sense of catharsis, an instance of justifying the suffering of others due to your own. Therefore, children from disturbed family backgrounds where they are exposed to all sorts of abuses are more predisposed to serial killing. The case of Aileen Wuornos who committed seven murders from 1989 to 1990 is a good example of serial killers who experienced childhood abuse (Knowles, 2020). Her mother left her at the tender age of four and was forced to live with her grandfather who was physically and sexually abused until she eventually escaped at fifteen. She claimed that all her murders were a result of self-defence. This is evident of the impact of childhood trauma from a myriad of abuses that results in distrust of others and pent-up rage that explodes at a later stage.
Pyromania and Arson
Arson is considered a key indicator of violent tendencies. Specifically, serial killers are reported to have a high affinity setting things ablaze as it is a dangerous exercise of control and power, similar to murdering and torturing others (Geldenhuys, 2018). Serial killers particularly those who find pleasure in rendering their victims at their mercy often in the quest to attain power and control, and fire is a key instrument. Furthermore, children who portray signs of pyromania are likely to commit serious atrocities as they consider setting as their only way to relieve their built-up anxiety, tension or arousal (Geldenhuys, 2018). A good example is David Berkowitz, a known serial killer who as a child was described by his peers as a pyromaniac (Hier, 2020). He found pleasure in playing with fire and at times would even burn living things to death. David reported having started more than 1,000 fires in New York and was responsible for the demise of six people from 1976 to 1977 (Hier, 2020). Evidently, his childhood obsession with fire as means to attain power and control contributed substantially to his serial killing at a later stage.
Voyeurism
Fascination with voyeurism is another key red flag that is observed in potential serial killers at early ages. Specifically, voyeurism involves receiving sexual gratification from watching individuals who are naked, engaging in sexual activity or undressing (Duff, 2018). It is reported that most serial killers are fascinated with violent iterations of sex, voyeurism, and sadomasochistic pornography. Such characteristics develop from childhood and evolve to violent behaviour in the future, especially since the sexual desires are acted on without the consent of other parties. For instance, Ted Bundy who committed ten murders from 1974 to 1978 along with acts of necrophilia on the bodies of some of his victims is reported to engage in stalking women as an adolescent hoping to see them undressing (McCann, 2021). Such behaviours in children are red flags to becoming serial killers in the future. As children grow they are tempted to engage in physical contact with the women they stalk, which may turn to violent altercations when confronted, and hence murder (Mondal, 2019).
The pleasure from Torturing Animals
Another notable sign of seral killing at an early age is children finding pleasure in torturing animals. In specific, serial killers often start young, using animals to test their boundaries by killing them. Children who find pleasure from such acts are regarded as sociopaths and is one of the most potent warning signs of violence (Ramya & Roshanara, 2019). They often portray no remorse since they find joy when they exert power over small creatures as well as have control over the lives of others, and this can evolve to killing people. For instance, Jeffrey Dahmer who murdered seventeen people from 1978 to 991 started killing small creatures such as pets and keeping dead animals for dissection (Jentzen, 2017). His childhood obsession converted him into a serial killer and a cannibal when he was an adult. As such, episodes of animal abuse during childhood can manifest into violent offences against others are people grow up (Hensley et al., 2018).
There are other signs that can help detect serial killers at an early age such as genetics and early separation of children from their mothers. There are specific genes that are believed to predispose individuals to violence. Monoamine oxidase A gene (MAOA) also known as the warrior gene is associated with aggression in people, and it is present in approximately 30% of the population (Checknita et al., 2018). Coupled with other experiences such as childhood trauma, people with this gene can easily commit murder due to built-up rage from abuse and his/her aggressive nature. Furthermore, children who are separate from their mothers at early stages may develop certain levels of insecurity due to the cruelty of contemporary society, and as such resorting to violence as a defence mechanism.
Conclusion
It is evident that serial killers often start young, with the environment they are exposed to being a major contributor to their adverse behaviours. Some of the key warning signs such as antisocial behaviour, childhood trauma, pyromania and arson, voyeurism, and pleasure from torturing animals have been historically present in several cases of serial killings, and as such, can help detect and prevent the potential serial killing. It is important, though, to comprehend the variation between causation and causality to ensure not to profile individuals based on attributes that are relatable to serial killing. For instance, just because a person enjoys playing with fire or is an introvert/anti-social does not necessarily mean that s/he will become a serial killer.
References
Canter, D. (2020). Experiments in Anti-social Behaviour: Ten Studies for Students. Routledge.
Checknita, D., Ekström, T. J., Comasco, E., Nilsson, K. W., Tiihonen, J., & Hodgins, S. (2018). Associations of monoamine oxidase A gene first exon methylation with sexual abuse and current depression in women. Journal of neural transmission, 125(7), 1053-1064.
Duff, S. (2018). Voyeurism. In Voyeurism (pp. 13-29). Palgrave Pivot, Cham.
Geldenhuys, K. (2018). Violent serial criminals-Monsters with criminal minds-Murderers, rapists & arsonists. Servamus Community-based Safety and Security Magazine, 111(7), 20-27.
Hensley, C., Browne, J. A., & Trentham, C. E. (2018). Exploring the social and emotional context of childhood animal cruelty and its potential link to adult human violence. Psychology, Crime & Law, 24(5), 489-499.
Herrero, F. D. S., Delgado, C. T., & García-Mateos, M. (2017). Serial killers: Relation between childhood maltreatment and sexual relations with the victims. European Psychiatry, 41(S1), S585-S586.
Hier, S. (2020). Almost famous: Peter Woodcock, media framing, and obscurity in the cultural construction of a serial killer. Crime, Media, Culture, 16(3), 375-394.
Jentzen, J. M. (2017). Micro disasters: the case of serial killer Jeffrey Dahmer. Academic forensic pathology, 7(3), 444-452.
Knowles, S. (2020). Remaking Masculinity: Split Britches, Killer Lesbians, and the Cultural Disruption of Masculine Violence. Etudes, 6(1).
Marono, A. J., Reid, S., Yaksic, E., & Keatley, D. A. (2020). A behaviour sequence analysis of serial killers’ lives: From childhood abuse to methods of murder. Psychiatry, psychology and law, 27(1), 126-137.
McCann, B. J. (2021). Duplicity and the Depraved Uncanny in Mediations of Ted Bundy. Women’s Studies in Communication, 44(3), 340-359.
Mondal, S. (2019). Dead but not gone: Female body, surveillance and serial-killing in Alfred Hitchcock’s Frenzy. Northern Lights: Film & Media Studies Yearbook, 17(1), 85-100.
Pettigrew, M. (2020). Confessions of a serial killer: A neutralisation analysis. Homicide studies, 24(1), 69-84.
Ramya, S., & Roshanara, M. S. (2019). Changeover of a child into a serial killer victimization of the voiceless. International Journal of English Literature and Social Sciences, 5(1), 31-35.
Simon, G. Ü. (2020). Portrayal and Attributes of Serial Killers and Some of the Most Notorious Ones. Internal Security, 12, 261-273.
Travaglione, A. (2021). A Golden Age Turned Red: America’s Obsession with Serial Murder in the 1950s and 1960s (Doctoral dissertation, College of Charleston).
Ürmösné Simon, G. (2018). The portrayal and the attributes of serial killers and some of the most notorious ones. Internal Security, 10, 1-12.