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Criminological Theories and Practice
Criminological Theories and Practice
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Criminological Theories and Practice
Theory is an important aspect of any profession as it serves to guide practice, more so if the practice is to be evidence based. The existence of theories therefore acts as theoretical frameworks upon which practice is based. Criminal justice is no different, as knowledge of the various theories not only helps in guiding professionals in their approaches to cases, but it also helps in the formulation of policies. Policies such as diversion programs, graffiti reduction programs, the three strike laws as well as the stiffer penalties such as the death penalty have all in one way or another been inspired by criminological theories of crime causation.
One means of sentencing that can be said to have been influenced by theory is the diversion program; a form of sentencing aimed at ensuring the offender does not get a criminal record. In this case, the offender is usually forced to meet certain requirements such as provision of community service, restitution, education in order to avoid future offenses as well as avoidance of situations that may result in another similar offence. The first theory that clearly influences the formulation of this approach to sentencing is the labeling theory. The labeling theory avers that the labeling of an individual as deviant usually results in lower self esteem, self rejection and consequently further engagement in deviant behavior. Further, it posits that once labeled gaining acceptance back into society may prove a problem, as majority of those who accept the labeling of others also have a hard time changing their opinions of them, even in cases where evidence has been presented to suggest otherwise. The newly formed status of “criminal” dictates how an individual is identified in the public, and may push the individual into forfeiting any further attempts they may have wanted to have towards conforming. (Macionis & Gerber, 2010). These programs, by ensuring that the individual does not get labeled as a criminal attempt to avoid the effect that labeling would otherwise have on the individual and push him/her towards engaging in repeat offenses. This principle also applies when it comes to the expunging of records, as by doing away with the criminal label, the individuals are not defined by their previous mistakes and are therefore able to avoid engaging in further criminal behavior due to the burden that the “criminal” label would otherwise have given them. Indeed findings by Bernburg, Krohn and Rivera (2006) in a study on adolescents to establish whether or not the labeling theory can be used to explain crime, find that adolescents who had been involved in the juvenile justice system were prone to engage in further delinquent behavior by associating with other delinquent peers or even joining groups of other delinquents such as gangs. This therefore means that diversion programs do help, as they ensure the individual avoids being sentenced and therefore avoids what would otherwise be a criminal label and the subsequent stigma suffered could drive them into associating with fellow delinquents, leading to further crime if looked at from the differential association theory.
The police athletics league, at times referred to as the police activities league, refers to the program through which members of the police force actually act as mentors and coaches for young people, in sporting activities, homework or other activities. The programs are mainly aimed at building character, keeping the youths off drugs as well as strengthening the bond between the community and the police department. This approach towards eliminating crime can be claimed to be linked to follow the concepts of the social control theory, more so when it comes to instilling self control thus achieving internal control. Another way, through which control is achieved by this program, is indirectly through the police officers who act as figures the children can identify with thus influencing behavior positively. By building close relationships with the children they mentor, the police officers are able to exert indirect control, as the children would be afraid of disappointing them by engaging in delinquent behavior (Hirschi, 2002). This approach is also based on the social disorganization theory, which argues that crime can be related to the breakdown of social institutions as well as communal relationships. As such the approach attempts to foster a sense of community, strengthening the communal relationships and creating a sense of organization within larger groups which according to the social disorganization theory, does deter crime (Bursik, 1988). The same issue of creating communal relationships as well as strengthening social institutions applies when it comes to the midnight basketball leagues, which were intended to foster good community relationships. Based on the findings by Sampson and Groves (1989) as well as the findings of Bursik and Grasmick (1993) that the community structure in terms of race, socioeconomic status, residential mobility as well as family disruptions indeed affect the crime rates due to the sparse nature of friendship networks, unsupervised youth groups as well as low organizational participation, programs such as the police activities leagues and midnight basketball leagues do affect these variables and are bound to reduce the crime rates according to the social disorganization theory (Kubrin & Weitzer, 2003).
The differential association theory could also be said to have played a very important role in the development of the “Weed and Seed” program, as it identifies the potential influence the company one keeps has on their behavior or their affinity to engage in criminal activities. The differential association theory posits that through interacting with criminals, individuals are able to learn new attitudes, values, motives and techniques for committing crimes (Sutherland, 1947). As such, it therefore seems prudent to try and separate the criminal elements from the rest of society in order to ensure that they do not influence the rest of society. This is essentially the main principle behind the weed and seed program, which attempts to weed out violent elements within various target areas through the help of members of the community, thus reducing drug trafficking, gang activity and violent crimes amongst other criminal activities. The program itself integrates community policing, law enforcement and prevention measures in order to reduce crime. By weeding out the rogue elements, the police department ensures that crime coming about as a learned behavior is at its minimum, as any relationships or associations these criminals might have with others are cut short. In addition, Matsueda (2000) further posits that according to the differential association theory of social organization, the crime rates within communities or groups are essentially affected by how the group itself is organized to fight crime compared to how it is organized in favor of crime commitment. The seed aspect of the program therefore attempts to ensure that the community’s organization against crime outweighs its organization in favor of crime, a clear application of concepts from the differential association theory. The findings of Kissner and Pyrooz (2009) on the influence of familial gang involvement on subsequent gang membership, serve to highlight the influence close relationships do have on the potential learning and subsequent engagement in criminal behavior, therefore justifying the need to “weed” out criminal elements in an attempt to prevent those around them from being influenced into engaging in delinquent behavior.
Stiff penalties such as the death penalty and the three strikes rule are founded on the classical school of criminology which essentially believes that punishment is actually a deterrent if it is proportional to the crime (Landau, 2002). Another theory which could also be used to explain the application of stiffer penalties is the social control theory. The theory argues that punishment or rewards can actually be used to bring about direct control over an individual or their criminal activities and ensure compliance. Aspects of the differential association theory could also be argued to influence the application of stiffer penalties, more so the three strikes rule, as it would ensure that the favorable definitions for breaking the law do not outweigh the unfavorable definitions, thus discouraging repeat offenders from engaging in criminal activities.
Overall, it is quite clear that theories and research inform the development of policies and programs used in the criminal justice department and as such cannot be ignored. They not only provide a theoretical framework for practice but actually lead to the adoption of evidence based practices, making the criminal justice department more effective when it comes to combating crime.
References
Bursik, R. (1988). Social Disorganization and Theories of Crime and Delinquency. Criminology26.
Bursik, R., & Grasmick, H. (1993). Neighborhoods and Crime: The Dimensions Of EffectiveCommunity Control. New York: Lexington Books.
Bernburg, G., Krohn, M., & Rivera, C. (2006). Official Labeling, Criminal Embeddedness,and Subsequent Delinquency. Journal of Research in Crime and Delinquency43(1), 67-88.
Hirschi, T. (2002). Causes of delinquency. New Jersey: Transaction Publishers.
Kissner, J., & Pyrooz, D. (2009). Self-control, differential association, and gang membership: Atheoretical and empirical extension of the literature. Journal of Criminal Justice 37, 478487.
Kubrin, C., & Weitzer, R. (2003). New Directions in Social Disorganization Theory. Journal ofResearch in Crime & Delinquency 40, 374-402.
Landau, Norma (2002). Law, Crime, and English Society, 1660-1830. Cambridge UniversityPress. p. 118.
Macionis, J., & Gerber, L. (2010). Sociology. Canada: Pearson Education.
Matsueda, R. (2000). Differential Association Theory. Retrieved from HYPERLINK “http://www.soc.washington.edu/users/matsueda/DA.pdf” http://www.soc.washington.edu/users/matsueda/DA.pdf
Sampson, R. & Groves, W. (1989). “Community Structure and Crime: Testing SocialDisorganization Theory. American Journal of Sociology 94, 774-802.
Sutherland, E. (1947). Principles of Criminology. Philadelphia: J. B. Lippincott
Criminal Rights in the Bill of Rights
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Criminal Rights in the Bill of Rights
Primarily, the criminal justice system is responsible for enforcing law and order and ensuring that every citizen is protected against harm. To achieve this, the government has granted it certain powers that enable them to enforce the relative laws. However, the constitution has also provided the accused with certain rights. This was essentially influenced by the need to create a balance between order and power. Thus as much as offenders break the law, they have a right to undergo a distinct procedure and fair treatment when determining whether they are guilty or not. This paper reviews the protections provided for in the Bill of Rights to individuals in the criminal arena. To enhance a harmonic consideration, it begins by underscoring the historical underpinning and then delves in discussing the respective rights. To accredit the study, it highlights relative important supreme cases and finally provides an informed opinion with respect to whether the criminal rights are too many, enough or balanced.
In his review, Levy asserts that the constitutional provisions of the rights of the criminals originated from the historic English documents that address the aspects of liberty. These constitute the Petition of Right of 1628, English Bill of Rights of 1689, and the 1215’s Magna Carta. Basically, the documents sought to limit the government’s application of the law and were even respected by the King. A classic illustration in this regard pertains to the Magna Carta section 39 that stipulated that any free man could not be imprisoned without having been judged by the law. The respective ideas are posited to have been introduced in America during the 1600s. The colonists expanded the provisions of the historic documents and integrated these in the 1641’s Massachusetts Body of Liberties. By independence, respective provisions were ingrained in the constituent and were widely accepted as being legal. The framers of the US constituted included these provisions in the final document that was based on the initial thirteen constitutions.
The fourth amendment seeks to protect the accused persons against unreasonable as well as unwarranted searches and property seizures. The amendment clearly lays down the conditions that require the government officials to acquire search or arrest warrants prior to executing the given activity. The underlying aim for this is to protect the right of the respective individual to security of their houses, effects, papers and persons related to them. The issuance of the arrest or search warrant on the other hand needs to be guided by a probable cause. Further, details regarding the place of search, the individual to be searched and the objects to be sought need to be provided with utmost precision. The search under this amendment needs to be carried out in cases where the individual expects privacy or the society affirms that the expectation of privacy under such circumstances is reasonable as provided for in Katz v. United States, 389 U.S. 387 (1967).
The Fifth Amendment provides specific legal procedures that need to be followed during such instances. In particular, it stipulates that the government is not allowed to hold any individual answerable for a serious offense in the absence of appropriate evidence that implies that the person is guilty. Further, an individual is not supposed to be tried more than twice on a given crime. The amendment also stipulates that an individual should not be forced to witness against him or herself in any criminal case. Finally, it provides that the government should not deprive an individual of property, life or liberty without following the proper and fair legal procedures. These were well exemplified in Malloy v. Hogan (1964) in which defendants in courts were liable to being protected against self incrimination.
The Sixth Amendment also guarantees the individuals that are accused or suspected of crime against the government powers in different ways. To begin with, Bodenhamer cites that accused persons need to undergo a speedy public trial that needs to be undertaken before a non biased jury of the community or state in which the given crime was committed. Then, there needs to be sufficient information detailing the crime and reasons for the accusation. The government also needs to provide the accused with help from a professional lawyer and allow the former to meet the witnesses that are expected to testify against the individual. Finally, this amendment gives the individual a right to be accorded means of getting favorable witnesses. This was emphasized by the Washington v Texas (1967) case that provided that defendants have a right to a subpoena witness who would testify in their favor. In addition the Duncan v Louisiana (1968) case indicates that the person accused a crime has a right to be tried by a jury. Also, in the Klopfer v North Carolina (1967), it was reiterated that the accused have a right to be accorded a speedy trial.
The eighth amendment then protects the accused individuals from punishments that are overly harsh. In this regard, Ducat and Chase explain that this is all inclusive and comprises of excessive fines as well as bails. This was apparent in the Robinson v. California (1962) case in which state governments were prevented form using unusual or cries punishments. Also, in the Murphy v Hunt, 455 US 478 (1982), it was found out by the court that the accused had been unconstitutionally denied bail. Equally important is the fourteenth amendment that details general provisions regarding the rights of the individual against the government and state powers. In this respect, state governments are forbidden from formulating ad enforcing laws that are likely to deprive the accused of the right to property, liberty or life without following lawful procedures. In addition, state governments are compelled by the law to accord its citizens equal protection that is provided by the law.
The implementation of the preceding laws has raised various controversies since their enforcement. The issue pertaining to a probability of having given the criminals too many rights is particularly contentious. From a personal point of view, I agree that as much as the criminal might be guilty, s/he deserves a right to be treated fairly. This is so because of the surrounding uncertainties with respect to whether the former is guilty or not. When this is determined and affirmed, subsequent laws need to be more stringent in order to enforce justice. Also worth mentioning is the need for the criminal to be given a punishment that is reflective of the degree of the crime committed. Presently, the laws related to imprisonment are very lenient and can be implicated for a rise in incidences of repeat crime. These need be amended in order to protect the wellbeing of the victims too.
Bibliography
Bodenhamer, David. Fair Trial: Rights of the Accused in American History. New York Oxford University Press, 1992.
Ducat, Craig and Chase, Harold. Constitutional Interpretation. USA: West Publishing Company, 1992.
Levy, Leonard. Seasoned Judgments: The American Constitution, Rights and History. USA: Transaction Publishers, 1995.
Should NBA Players Need to go to college
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Should NBA Players Need to go to college
Introduction
College education in the United States despite it being expensive remains to be the best globally considering the number of students that go abroad for the studies and vice-versa. Every young people below 18years is required to attend school and later college level that few used it to transit to the University level and much more. While they are few people who are against people joining college because of the money required and that it leads to one being immersed in more debts that they pay in the future for a long time it has been believed that it is the reason of the decreased unemployment rate in the United States(Evans) . Joining the NBA is usually a guarantee that one’s life is on the right track as long as one has the skills to play basketball and have the required height. The discussion below will shed right on whether college education should be needed for one to join the NBA while also looking at the various stakeholder’s perspectives.
Original NBA Age Requirement
The first requirement of people enrolling in the NBA was in 1969 and it stated that anyone who had not completed high school education or one that had completed and not joined college yet was nor eligible for joining unless four years after he has graduated or his class has graduated. After this law was challenged by a prospective NBA player Spencer Haywood and Sam Schulman the Seattle Supersonics owner and according to Judge warren this was against the antitrust law hence he struck it done and stated that in the event one was experiencing financial hardships he could join early (A. Wacker, and Edelman). However, in 1976, the education requirements were removed completely and this led to the recruitment of a few players who had left college early. In 1975 some high school seniors were recruited for the NBA and this played a big part in the seven percent high school elections made by 2001; Kobe Bryant was among the few. In addition, LeBron James who has been rising since he joined the leagues was also selected with the first overall pick in 2003 and a year later Dwight Howard was selected. While the NBA owners had declared that entering the leagues right from high school was a personal choice, they later changed their mind in 2005 when Commissioner Stern stated that the college basketball experience helped the players to be more prepared for the court. This belief led to the adoption of the current college requirement that states that one is eligible to join only if he is no less than 19 years of age and has at least one year since their high school graduation. The requirement since its enacted has seen various players who have joined after being engaged in the same game at the college level (A. Wacker, and Edelman).
Perspectives on College requirements
They have been various people with varying opinions on whether the requirement that one has to join the NBA after one year is beneficial. According to Emmert who claims he is up to making changes in the college sports he states that the stay of the students in the colleges should be increased to 2 years since they have joined the colleges as students and not athletes. Various people have criticized him claiming that he lacks interest in what the students are going to study but the money they make for the colleges they have enrolled. In addition, some people believe that they are people like Kobe and LeBron who are pros and should just join immediately after high school to stop wasting time but others whose talents are not yet developed should join the college to perfect their skills more; some people disagree (Hatfield). They also claim that whichever player is recruited that the fact they are joining NBA despite how good they are they will all require adjustments and adaptability hence there is no need of them wasting time in colleges but used the time to fir in the NBA’s (Andras). Also, some people believe that in college there are very many time constraints since there is the allowed time in the gym and the other classes that people are involved in hence this time wasted can be used to perfect one’s skills and the fact that one gets to practice with pros is more beneficial. We all join college education to have a better future through the money that will earn id one has the opportunity to make ends meet through bypassing college education it is not only right but beneficial since they get to achieve their dreams sooner (Hill, and Jolly).
Unfortunately, some scholars believe that shifting directly to the NBA’s personality and self-esteem can be affected because the players picked were in most cases dominating in their previous leagues but in the big leagues they are the worse if not worst. While some may refer to this as a weakness it is believed that the few who are picked have always worked hard to join these leagues hence they know what to expect (DiMauro). Moreover, they are some downside too where one may lose his college chance if he ends up not making the roster for NBA after trying out, the disappointments can be frustrating and may lead to a promising student who could have excelled in other diverse fields not succeeding (Andras). In addition, some people believe that students should stay in college longer since basketball career may not last forever, this is because there are accidents that can render your skills despite how good they are useless. While people agree that the advancements in technology and the therapy equipment are in place can in a way ensure this the risks are too high. Also, a college education is better according to a few hence the stay in college should be extended from the current one year.
NBA Stakeholders
They are various stakeholders of the league that support it and can be credited with the high performance for the players, they are the owners, athletes, sponsors, fans and the team staff. To begin with the owners, they believe that the rule that requires one to attend only one year in college should be removed, this is to increase the quality of the league games since with more practice the players will be better and this will not only attract more fans but also consumer dollars which will benefit the business perspectives of the league (Parlow). Secondly, according to the athletes, the increased education limit will hurt them and not in any way perfect their schools, first, the earning while in college goes to the school which despite offering them scholarships it still gains a lot (Berry). Also, the longer one stays in college means that they will be recruited later which is usually the same if one scores less, this effect was clear when Cauley-Stein who was a pro decreased his scores. Thirdly, for the fans, there is a high probability of the fan base being more this is because the players will garner a huge following as they are playing while in college hence when they join the big leagues the number will increase and so will be the business sides of the league. In addition, regarding the staff the older a player is the more responsible and disciplined, there is hence the extra age that will be added will make their work easier and translate to ensuring that the perform their work more efficiently increasing their productivity (Turner, and Karl Hakes). Lastly, the sponsors support the teams that are bound to benefit them more hence the players when the time they will stay in college is increased means as individuals they will glow and their productivity will increase hence they will attract more consumers’ interest which benefits the sponsors in terms of revenue (Berri).
Conclusion
A college education has both benefits and disadvantages to all parties involved and while going to the big leagues ensures that the student achieves their dreams earlier the more they stay in college the better they will be when they join the big leagues. Some scholars believe that to ensure that the students will succeed in other areas if they were not built for the NBA’s they should be allowed to hold their college eligibility. While this sounds like a very good deal and a win-win for everyone we have not yet seen it in action but there is still time (Andras). While the people aligning with the increases stay in the college are high that those supporting otherwise it is evident that they are success stories of people who joined after high school and their productivity has been nothing but excellent, for example, LeBron and Kobe. Finally, basketball as we know it is not only a prestigious game but not like golf but it has attracted a very high number of followers and who the more they are the high the revenue for the owners and more fun for their supporters.
Works Cited
Andras, Simon. “Should Basketball Players Be Required To Go To College?”. Secsportsfan.Com, http://www.secsportsfan.com/should-basketball-players-be-required-to-go-to-college.html. Accessed 8 Mar 2020.
A. Wacker, Joseph, and Marc Edelman. Collectively Bargained Age/Education Requirements: A Source Of Antitrust Risk For Sports Club-Owners Or Labor Risk For Players Unions?. 2010, pp. 354-376, http://www.pennstatelawreview.org/115/2/115%20Penn%20St.%20L.%20Rev.%202.341.pdf. Accessed 8 Mar 2020.
Berri, David. “How The NBA’s Age Limit Helps Colleges But Hurts Players”. Time, 2014, https://time.com/3649028/nba-draft-age-limit-kentucky-wildcats-one-and-done/. Accessed 8 Mar 2020.
Berry, Dennis. “NBA Should Raise Player Age Limit”. Thebestsportsblog.Com, 2016, http://www.thebestsportsblog.com/nba-should-raise-player-age-limit.html. Accessed 8 Mar 2020.
DiMauro, Koelbe. “Should NBA Players Have To Go To College”. Basketballin23, https://basketballin23.wordpress.com/2015/03/01/should-nba-players-have-to-go-to-college/. Accessed 8 Mar 2020.
Evans, Brent A. “From College To The NBA: What Determines A Player’S Success And What Characteristics Are NBA Franchises Overlooking?”. Applied Economics Letters, vol 25, no. 5, 2017, pp. 300-304. Informa UK Limited, doi:10.1080/13504851.2017.1319551. Accessed 8 Mar 2020.
Hatfield, Luke. “College Basketball Players Should Stay In School”. Hawk Eye, 2014, https://bphawkeye.org/sports/2014/01/02/college-basketball-players-should-stay-in-school/. Accessed 8 Mar 2020.
HILL, JAMES R., and NICHOLAS A. JOLLY. “Salary Distribution And Collective Bargaining Agreements: A Case Study Of The NBA”. Industrial Relations: A Journal Of Economy And Society, vol 51, no. 2, 2012, pp. 342-363. Wiley, doi:10.1111/j.1468-232x.2012.00680.x. Accessed 8 Mar 2020.
Parlow, Matthew J. Professional Sports League Commissioners’ Authority And Collective Bargaining. Heinonline, 2010, pp. 4-25, https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/scholar?hl=en&as_sdt=0,5&qsp=6&q=nba+players+%22collective+bargaining+agreements%22&qst=bh&httpsredir=1&article=1587&context=facpub. Accessed 8 Mar 2020.
Turner, Chad, and Jahn Karl Hakes. The Collective Bargaining Effects Of NBA Player Productivity Dynamics. 2007, pp. 4-30, https://mpra.ub.uni-muenchen.de/5058/1/MPRA_paper_5058.pdf. Accessed 8 Mar 2020.