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Showing posts with label criminal justice. Show all posts
Showing posts with label criminal justice. Show all posts

Friday, March 11, 2011

Torture is Justice? Opinion on torture tactics by governments.

http://static.howstuffworks.com/gif/five-forms-of-torture-6.jpg


By Briana Booker

We are living in an era where terrorism, a political revolt and war tactic, is placed in the spotlight of international concerns. Debates on whether torture can be justified to obtain crucial information for the sole purpose of protecting American civilians is becoming common. However, torture is never justifiable because there is an alternative to protecting American citizens from social and physical harm without sacrificing the social and physical well-being of labeled offenders. The government should never allow the desire for information to outweigh the moral and ethical elements that the United States of American has built this country upon- the right to life, liberty and the pursuit of happiness. In fact, crucial information can be obtained by giving out incentives rather than punishments. This tactic should be used rather than torture.              Torture is not justifiable because its objectives are too similar to terrorism; it can not win a battle against an opponent with similar strengths and weaknesses.                                                       
Terrorism objective is to use fear to coerce governments and civilians to do its will. Terrorists seek social solidarity and commit violent and unlawful acts because they want to revenge against those whom have created and live within social structures they disfavor. They blame western culture for the economic failures and political instabilities within their own homelands. They feel vulnerable. The dramatic irony is that the USA and its civilians want revenge for being placed in a similar predicament of vulnerability.                                                                   
Americans see the tactic of torture as a way to squeeze out crucial information from terrorists to give them back the security they once held in financial and social structures before September 11th. Americans want to use coercion through emotional and physical pain.             
  Both parties using various degrees of coercion and torture have not resulted in much success in achieving their objectives fully. This suggests that an alternative strategy is necessary.   Specified needs and wants of both parties need to be address so a resolution can be achieved, this includes restoring due process for offenders and reforming positive social policies and structures in America and societies that breed and harbor terrorists’ cells.                                  
There is no profile of a defined terrorist or any universal agreements against torture. This is highly problematic. Torture can never be used as an instrument to rehabilitate, bring peace or order to society. It is inappropriate. By no means should detainees be physically and judicially abused in civilian and military trials. Both torturers and terrorists intentionally inflict suffering upon target groups in hope for some type of confession or intimidation success. Two wrongs never make a right.                                                                                                                                            In the global community torture is not allowed under international law. The United States government, whom has vowed to honor agreements protecting human rights of all, should not use loop holes in the system to practice torture in countries that openly use such heinous acts. It displays the United States government as illegitimate if it cannot be accountable to honor its written and unwritten support for universal human rights. Article 5 of the Universal Declaration of Human rights declares no one should be subjected to any degree of torture. This includes offenders and those suspected to be offenders. It is inhumane to take away these universal rights from anyone.                                                                                                                          
Conflict of interest is the issue. The alternative that will be in the best interest of all and has a better potential to obtain crucial information would be to use financial incentives to persuade terrorists to be more cooperative with the United States government. I do not mean using actual liquid assets and giving them to terrorist cells. Financial incentives should be used in the form of commodities and building up infrastructures in the societies terrorists’ families live within. A majority of individuals whom become terrorists initiate themselves into these violent causes to improve the health and financial well being of their families.                                            
By the United States government promising and living up to this promise of developing these communities, it would decrease the appeal for individuals to support and be instruments in terrorist’s ideologies and actions. By creating a strong, positive, social and organic solidarity to the environments that breed and harbor terrorist cells, will in fact maximum the United States civilians’ freedoms and securities.                                                                                            Forming organic social solidarity in developing countries vulnerable to terrorists’ cells will form open discussion, equality of opportunity in society as well as moral and social justice (over time).  It will decrease the amounts of social misfits who are attracted to terrorist organizations, as Tom Friedman (American journalist and three time Pulitzer Prize winner) discussed with Katie Couric on CBS News. It is a win-win situation for all involved. Torture will not give these benefits to the American people or anyone else in the global community.                             
It is crucial to remember that every choice comes with consequences. Neither terrorism nor torture is new in social behavior. To allow the United States government to obtain the most beneficial information to protect the American people, it must trace back to the origins of why this present dilemma is such a serious issue. The origins signify that this problem is a resultant of national and social inequalities. No one wants to be at a disadvantage. Everyone wants to develop and be socially comfortable. Violence will not help. To end terrorism social reform needs to be accomplished that benefits both sides of the debate. Torture benefits no one. Implementing pain increases conflict, but implementing incentives increases cooperation. We need and want joint action and cooperation. This is the reason why torture is never justifiable.

Should White Collars do the time? Justice Served?



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By Briana Booker

Debate 2: Longer imprisonment
After reading “Cook the Books, Get Life in Prison: Is Justice Served?” I strongly believe justice is served by sentencing white collar offenders to long prison terms because split sentencing (short term prison sentences followed by probation supervision) does not guarantee that rehabilitation of white collar criminals will be achieved or that they will never return to their tainted lifestyle of immediate awards at the expense of society. Longer prison terms will assure society that white collar criminals do not have the tools, opportunities or social networking to accomplish their victim harming crimes because jail keeps them isolated from mainstream society, while teaching them how it feels to be at a disadvantage.                                                         

The white collar offenders, when given the option of split sentencing are more likely to keep to their bad habits because the short term prison punishment is not harsh in comparison to their deeds and probation has the ability to make white collar offenders more skillful criminals by allowing them to be in close range to easy victim target groups.                                                       
It is common fact that white collar criminals have tremendously violated the social contract by financially harming others. We live in a capitalist society where money can be the deciding factor between life and death, no matter if a person is morally good or bad. White collar criminals are educated, well-dressed, appear to be law-abiding citizens and come from highly diverse backgrounds but under their squeaky clean image they are fraudulent thieves. This makes them very dangerous criminals because it is difficulty to profile them and difficulty to welcome and trust them after they return back to the community. Short term prison sentencing will only allow white collar criminals to learn how to disguise their corruption better so they are less likely to get caught again. Short term sentencing allows them to learn different methods to disguise their corruption on the basis of the rational choice and routine activities theories.
The rational choice theory implies that white collar criminals will rationally decide to go forth with a criminal act based on obtaining immediate rewards. Short term sentencing displays that white collar criminals can commit crimes and get only a slap on the wrist for doing the crimes. This will make them more likely to do similar crimes more often.                                          
White collar criminals are not mentally impaired; they know that they commit crimes for social prestige and material goods. They are more than willing to harm others to accomplish their goals. It is never about the means but completely about the ends. This is the reason why longer prison sentences are necessary. White collar criminals will be spending time losing opportunities to gain large amounts of money and high quality goods because prisons will monitor their every move and their freedom to do what they please, when they please will be stripped away from them.                                                                                                                                                      
As the article mentions, white collar criminals are highly sensitive to deterrence. Long term prison sentences will be a powerful message to white collar criminals because they feel the pain their victims feel of not being in control of what they hold valuable such their homes and fortunes. As for the routine activities theory, these white collar criminals are motivated offenders, have large target groups, and do not have to see directly the people or the people’s properties they harm. White collar criminals see their own actions as just a part of survival not anything corrupt. The reason they see their action in this manner is because they see society as a conflict paradigm (competition and conflict in interest will always exist) inevitably. This makes them being placed on probation, rather than being in prison long-term, very worrisome and alarming because probation consist of community surveillance and service.                            
Surveillance not within the walls of a prison is difficult to achieve. The criminals might be watched by authoritative figures but being placed back into the communities they have harmed increases their potential to return back to the temptation of committing white collar crimes again. Reintegration through service can be a challenging task. Society wants white collar criminals to pay restitution to the community. It is expected that the previous criminals will become more responsible and law-abiding members of society, but this tactic is too risky and highly unlikely. Once a person is a con artist, he or she is always a con artist.                                      
In fact, Society should not have previous white collar criminal offenders pay restitution in such places as elderly nursing homes or places dealing with any type of economic relations because these environments and people are too vulnerable to interact with previous white collar inmates. White collar criminals being in close vicinity with these victim target groups is not a wise choice because these criminals have either purposely, knowingly, recklessly or negligently have done crimes to their communities. During long-term sentencing they are prevented from physically and financially harming large populations groups and also feel the burden of not living a lavish lifestyle, which protects law-abiding citizens and at the same time gives them justice.                                                                                                                                                          


White collar criminals should not be privileged inmates, but receive the same treatment as any other type of criminal in prison. Most prisoners are young, minorities, undereducated and from lower income families. Since these inmates are similar in traits to the groups white collar criminals have harmed, they will learn directly how their actions affect others and how it feels to be in the same predicament as the working-class, whom are affected by their corrupt actions. Long prison terms will accomplish this and justice for victims because long term sentences are fair punishment for the loss of profits society suffered in time, livelihood and material goods. Now the white collar criminals can be disadvantage by their own deeds. They lose their prestige and freedom, everything they have worked for in life because of greed. Long prison terms are society’s eye for eye retribution. This is justice. It is by the people and for the people. And for this reason the criminal law enforcement must enforce long-term prison sentencing to white collar criminals, in the name of security and the best interest of society. 

Friday, July 9, 2010

Lohan crocodile tears and anger! Lesson to know before jail: Protect the booty.






By Briana Booker

This is for Lindsay Lohan. I know they have computers at jail! It is crucial for each person to know how to defend his or her booty.




The crocodile tears Lohan displays in court will not get her very far in jail! Good acting...Lohan stills has it!




Few hours later...Lohan tells her friends Judge Revel  is a " Fucking Bitch," but she does not mean to disrespect the Judge. Proof. But on the side of Lohan, no one really gets more than 30 days for a probation violation such as her violation. The system may be wrong to do so...but oh well. What is fair is foul; what is foul is fair.


See how Lohan reacts on July 20th...


but check out these cool Lindsay Lohan products!