We can answer the four questions taking into consideration current and past information about the American judiciary system and the Broken Windows policing.
In the United States, the majority of prisoners are held in state prisons. State prisons house approximately 88% of the total incarcerated population in the country. These prisons are operated by state governments and are responsible for holding individuals convicted of state crimes, such as murder, robbery, drug offenses, and other offenses that fall under state jurisdiction.A Criminal Court judge is likely to "remand" a defendant before they are found guilty because of flight risk or concerns about public safety. "Remand" refers to the act of detaining a defendant in custody until their trial or until bail is granted. Judges may decide to remand a defendant if they believe there is a significant risk that the defendant may flee and not appear for their court proceedings. Additionally, if the judge deems the defendant to be a threat to public safety, they may choose to remand them as a precautionary measure.In the Correctional Model of the 1950s, Governor Earl Warren believed that indeterminate sentencing would be useful for rehabilitating offenders. Indeterminate sentencing allows for flexible and individualized sentences based on the needs of the offender. The idea was that through indeterminate sentencing, offenders could be rehabilitated through various correctional programs and interventions, with the possibility of early release based on their progress and demonstrated reform.Rudy Giuliani, during his tenure as Mayor of New York City in the 1990s, focused on addressing "quality of life" crimes. Three crimes that received particular attention were aggressive panhandling, public urination, and graffiti vandalism. Giuliani's administration believed that by cracking down on these minor offenses and maintaining order in public spaces, it would contribute to an overall improvement in the quality of life and safety for residents and visitors in the city. This approach was part of a broader strategy known as "Broken Windows" policing.What was the "Broken Windows" policing?"Broken Windows" policing is a theory of law enforcement that was popularized in the 1980s and 1990s, particularly associated with the work of criminologists James Q. Wilson and George L. Kelling. The theory suggests that visible signs of disorder and neglect in urban environments, such as broken windows, graffiti, panhandling, and other minor offenses, create an atmosphere of social disarray and can lead to an increase in more serious crime.
According to the "Broken Windows" theory, if these signs of disorder are left unaddressed, they send a message that no one cares about maintaining order, which can attract criminal activity and perpetuate a sense of lawlessness. The theory proposes that by addressing and preventing minor offenses and maintaining order in public spaces, it is possible to prevent more serious crimes from occurring.
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In American Politics, should we alter the Constitutional
amendment process to make ratification of amendments like the Equal
Rights Amendment easier? Why or why not?
Yes, we should alter the Constitutional amendment process to make ratification of amendments like the Equal Rights Amendment easier.
The current amendment process outlined in the Constitution requires a supermajority of states to ratify an amendment, which has proven to be an arduous and lengthy process. By making it easier to ratify amendments like the Equal Rights Amendment, which seeks to ensure gender equality, we can expedite progress towards achieving fundamental rights for all citizens.
This change would reflect the evolving values and priorities of society, ensuring that the Constitution remains a living document capable of addressing contemporary challenges. Simplifying the ratification process would promote inclusivity, equality, and social justice, reinforcing the democratic ideals upon which the United States was founded.
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4. Describe how the concept of judicial review protects citizens
in the United States. From whom does it protect them ? Briefly
state why and how was the concept established.
Judicial review protects citizens in the United States by ensuring the constitutionality of laws and government actions. It protects them from potential abuses of power by the legislative and executive branches of government.
Judicial review serves as a crucial check on the powers of the other branches of government, ensuring that they act within the limits set by the Constitution.Judicial review and its role in safeguarding citizens' rights in the United States. Judicial review was established by the landmark Supreme Court case, Marbury v. Madison, in 1803. Chief Justice John Marshall, in his opinion, asserted that the Court had the authority to declare acts of Congress unconstitutional.
This precedent established the power of judicial review, which remains a cornerstone of the American legal system. By holding the government accountable to the Constitution, judicial review plays a vital role in protecting citizens' rights and upholding the principles of democracy.
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What are some of the major problems confronting police crime labs and how do these problems affect the adjudication of criminal cases? What should be practically done to remedy these problems?
There are several major problems confronting police crime labs that can significantly impact the adjudication of criminal cases. Some of these problems include: Backlogs and delays, Lack of resources and funding, Quality control and accreditation.
Backlogs and delays: Crime labs often face backlogs of unprocessed evidence, which can result in significant delays in analyzing and reporting results. This can cause delays in the judicial process, including trial dates being pushed back and prolonged periods of pretrial detention for defendants. It also hinders the ability of prosecutors and defense attorneys to make informed decisions based on timely forensic evidence.
Lack of resources and funding: Crime labs frequently suffer from limited resources and funding, leading to staffing shortages, outdated equipment, and insufficient training. This can compromise the quality and reliability of forensic analysis, potentially resulting in errors or misinterpretation of evidence. It undermines the credibility of the forensic evidence presented in court and raises concerns about the fairness of the criminal justice system.
Quality control and accreditation: Some crime labs lack proper quality control protocols and accreditation. Without robust quality assurance measures, there is an increased risk of errors, contamination, or mishandling of evidence. This can undermine the integrity and reliability of the forensic analysis, potentially leading to wrongful convictions or the dismissal of valid cases.
To remedy these problems, several practical steps can be taken:
Increased funding and resources: Crime labs need adequate funding and resources to address backlogs, hire qualified personnel, upgrade equipment, and provide ongoing training. Governments should prioritize investment in crime labs to ensure their efficient and effective operation.
Collaboration and outsourcing: Collaboration between different crime labs, both within and across jurisdictions, can help distribute the workload and alleviate backlogs. Outsourcing certain types of forensic analysis to private laboratories can also help manage caseloads and expedite processing.
Emphasis on accreditation and quality control: Crime labs should prioritize obtaining accreditation from recognized bodies such as the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB). Accreditation ensures adherence to rigorous standards of operation, quality control, and proficiency testing.
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