100 word minimum for each paper.. give your feedback(your opinion) on each paper.

PAPER#1 scott

Week 2: Discussion

           This week, we move into some of the deeper and older philosophical components of criminological theory. There is perhaps no greater example of civilizational function and societal integration than that of the social contract. The social contract theorizes that human beings, as a transactional element of participating in society, relinquish some aspects of absolute freedom in order to preserve the benefits and protections that are otherwise provided in a civilized society (Schmalleger, 2021). This includes informal components of society like economic mobilization and socialization of the individual, and also formal components including the scriptures of laws protecting the individual’s life, liberty, and property (Moehler, 2019). This is an interesting juxtaposition when compared with the ideal of natural law.

            Natural law theory stipulates that mankind is endowed with innate notions of good and evil or right and wrong. Popularized by early criminological philosophers like Thomas Hobbes and John Locke, natural law includes the perceived divine expectations that protect some of our most basic ideas of liberty including life, property, and dignity (Schmalleger, 2021). Such ideas arguably have deeper roots in religious teachings or any number of pious antiquations, but they gained additional secular connotations during the enlightenment period that dominated the 18th and 19th centuries (Evans, 2019). Combining the social contract theory with that of natural law meant that an at-least rudimentary criminal justice system was inevitable.

Over time, this system has been enhanced with additional theories and the influence of additional institutions. Ultimately, it forms the basis of why criminology has become its own distinct discipline. Some of our modern ideas of crime can offer contradictions to the concept of natural law, revealing that criminology is a field of continuous evolution. The expansive definition of crime that now includes countless nonviolent offenses or offenses that have no defined victim, such as frivolous traffic laws or simple possession laws, validates some modern sociological criticisms by progressives. These include the idea that criminal statutes are no longer a manifestation of our civilized tribal nature, but rather a tool utilized by an increasingly-hierarchal power structure to maintain power among only those deemed worthy of it (Schmalleger, 2021). However, I believe it is merely an example of a system that, much like the humans that created it, is not without flaws and is in a continuous state of progression.    

PAPER#2 r0ss

  This discussion paper will briefly examine the conceptual philosophies of the “social contract” arguably first asserted by English philosopher Thomas Hobbes, and further developed by English philosopher Thomas Locke; and “natural law” that was originally formulated by Saint Thomas Aquinas.  Furthermore, this discussion paper will examine how the concepts of social contract and natural law are inextricably related.  Lastly, an example of how a social contract challenges the concept of natural law in a contemporary criminal justice issue will be briefly examined by taking a look at the abortion rights debate in the United States. 

                It is important to note that many of the philosophical tenets espoused by these early English philosophers and theologians, such as the “social contract” and “natural law,” create the foundation for much of the United States Constitution (Shuster, 2016).  The idea of a social contract was arguably first originated by English philosopher Thomas Hobbes.  This notion of a social contract asserted by Thomas Hobbes was birth out of Hobbes overwhelming pessimism about mankind and humanity.  Thomas Hobbes believed that the natural state of man was essentially evil, and if this natural state of man went unchecked, all of humanity would succumb to violent death at the hands of the unbridled evil of mankind.  To prevent this dreaded outcome, Thomas Hobbes formulated the philosophical concept of the social contract.  The social contract was the idea that human beings should abandon their natural state of individual freedom and join together to create or form a society.  The “contractual aspect” of this philosophical concept is rooted in humanity surrendering some of their personal freedoms as a collective to form a government (Schmalleger, 2021).  In exchange for giving up some of their freedom to a government, this government will in turn assume both the obligation and responsibility for providing welfare, safety, and protection for its citizenry (Ward, 2017).  This philosophical concept of a “social contract” is a fundamental tenet of the United States Constitution. 

                The philosophical concept of “natural law” was originally formulated by theologian Saint Thomas Aquinas (Schmalleger, 2021).  Natural law is a philosophical perspective that asserts the viewpoint that there are certain laws that exist which are immutable and fundamental to mankind.  According to the United States Constitution, laws or rights in this category are expressed as “inalienable rights,” such as life, liberty, and the pursuit of happiness (Schmalleger, 2021).  Perhaps, one interesting caveat in the correlation between the philosophical concepts of social contract and natural law, especially during the height of the power of the Roman Catholic Church, is when the freedom of the collective was surrendered to the government (which was at that time the Roman Catholic Church) and the exchange was not the protection, welfare, and safety of the people, but the violation of natural law because of the corruption and tyranny of the Roman Catholic Church during that period in history. 

                Lastly, a contemporary example of a criminal justice issue that challenges the concept of natural law is the abortion rights issue (Schmalleger, 2021).  This subject is challenging because both sides of the ideological argument claim their right to natural law.  The segment of the United States population who argues in favor of abortion rights argue that is natural law and an inalienable right for a woman to have the right to make reproductive choices for themselves without government over-reach and control (Schmalleger, 2021).  In stark contrast, the segment of the United States population who is pro-life believe human creation or life starts at the moment of conception; hence, abortion is murder which is a violation of natural law (Schmalleger, 2021). 

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 Paper #3 Dana

The Abu Ghraib scandal in 2004, where U.S. military personnel were found to have abused detainees in their custody, is a stark reminder of the consequences of poor staff management and oversight (Gourevitch & Morris, 2008). A primary lesson from this tragic event is that organizational leaders must ensure that a culture prioritizes ethical conduct and holds all members accountable, especially in correctional settings.

Three primary lessons on staff management emerge from the incident:

1.
Training and Education: Proper staff training and continual education are vital. Employees must be educated on their roles’ ethical and legal boundaries and thoroughly understand human rights (Zimbardo, 2007). With such clarity, personnel can easily interpret their mandates and exercise excessive force.

2.
Oversight and Transparency: Robust oversight mechanisms, both internal and external, can prevent misconduct. For instance, routine checks, surprise inspections, and transparent reporting systems can deter inappropriate actions (Mestrovic, 2007).

3.
Accountability at All Levels: When misconduct occurs, all involved, from the direct perpetrators to the higher-ups who may have enabled or ignored the behavior, must be held accountable. A culture that disregards minor infractions can become one that tolerates gross violations (Mestrovic, 2007).

In order to cultivate a company culture that values accountability and integrity, a correctional leader must prioritize a zero-tolerance policy toward unethical behavior. Additionally, they should ensure that misconduct is met with consistent and fair consequences and actively encourage open communication. Correctional leaders can maintain the credibility of their institutions by fostering ethical behavior and swiftly addressing malpractice.

Leadership vs. Management: A Distinctive Dichotomy

Leadership and management, while interrelated, are distinct concepts. Leadership involves guiding, motivating, and inspiring teams to achieve a vision or goal. It encompasses the ability to influence, inspire, and drive change (Northouse, 2018). An example of outstanding leadership is Martin Luther King Jr., who united a nation to support civil rights reforms. In contrast, management is concerned with planning, organizing, and controlling resources, including human resources, to achieve specific goals. It emphasizes efficiency, procedures, and systems. A manager, for example, ensures that a project meets its deadline and stays within budget.

While both roles are crucial, a leader might not necessarily be a good manager and vice versa. For instance, a visionary leader might set a bold new direction but need strong managers to handle the logistical challenges to realize that vision (Zaleznik, 1977).

PAPER #4

The Abu Ghraib scandal of 2004, where numerous acts of severe prisoner abuse by U.S. military personnel were exposed, offers many lessons about staff management and the importance of an organizational culture of accountability and integrity. This incident taught many lessons to be learned, beginning with communication (Heurich & Vaughn, 2009). Staff need to understand what is expected of them, including the rules they must abide by and the ethical standards they are expected to uphold. In the Abu Ghraib scandal, there seemed to be a lack of clear communication about the acceptable treatment of prisoners (Heurich & Vaughn, 2009). Another lesson learned is how proper training and education on ethics, human rights, and the law can help prevent violations (Heurich & Vaughn, 2009). It is essential to instill in staff that they are accountable for their actions and that abuse of power is unacceptable.

     Additionally, leaders need to set the right example. In the Abu Ghraib case, a perceived lack of leadership and oversight may have contributed to an environment where abuse could occur (Heurich & Vaughn, 2009)—leaders who behave ethically and treat others with respect help to create a culture of integrity. Also, mechanisms must be in place to hold individuals accountable for their actions (Heurich & Vaughn, 2009). This includes reporting systems for misconduct, fair and thorough investigations, and appropriate disciplinary actions. All staff should understand the importance of human rights and be committed to upholding these rights in all their interactions. This includes treating all individuals with dignity and respect regardless of their status or situation.

     A correctional leader can promote an organizational culture of accountability and integrity by setting a good example (Braithwaite, 2022). Leaders should model the behavior they want to see in their staff. This includes treating all individuals respectfully, behaving ethically, and taking responsibility for their actions (Braithwaite, 2022). Additionally, leaders should communicate their expectations to staff, including the ethical standards they are expected to uphold and the consequences for failing to meet them (Braithwaite, 2022). Another aspect of communication includes leaders encouraging staff to speak up about any concerns or issues they may have (Braithwaite, 2022). This includes providing mechanisms for staff to report misconduct and ensuring they feel safe doing so. Moreover, leaders should ensure that systems are in place to hold staff accountable for their actions (Braithwaite, 2022). This includes conducting regular audits, investigating reports of misconduct, and taking appropriate disciplinary action when necessary.

     Leadership and management are two essential elements in business and organizational behavior. They may often be used interchangeably but represent different aspects of an organization’s operation. Leadership is generally more about inspiring, motivating, and guiding individuals or groups to achieve common goals (Wajdi, 2017). It involves setting a vision, communicating it to the team, and persuading them to follow it. Leaders are often looked up to for inspiration and are seen as role models (Wajdi, 2017). They are expected to understand their team member’s strengths and weaknesses and utilize them to maximize productivity and efficiency. An example of leadership might be a CEO who outlines a new strategic vision for the company to adapt to market changes. This CEO must develop and communicate the strategy effectively, gain employees’ buy-in, and motivate them to execute the plan.

     Conversely, management is more about planning, organizing, coordinating, and controlling resources (human, financial, and material) to achieve organizational goals efficiently and effectively (Wajdi, 2017). Management involves setting goals, establishing detailed plans for reaching those goals, and allocating resources (Wajdi, 2017). Managers are expected to ensure that tasks are completed on time and within the budget, and they often have formal authority given by the organization (Wajdi, 2017). An example of management might be a department manager who creates a detailed project plan, allocates resources and responsibilities, sets deadlines, monitors progress, and solves problems to deliver a project on time and within budget.

PAPER #5 TATE

Dr. Drown, racial discrimination in the criminal justice system has shed light on the universal nature of this issue. Scholarly studies have provided evidence that demonstrates racial disparities in arrests, convictions, sentencing, employment prospects, and societal consequences. Scholars hope to encourage policy changes and systemic reforms that address racial discrimination within the criminal justice system in my opinion. One scholarly journal concluded that racial discrimination within the criminal justice system is a pervasive issue (Alexander, 2010). It highlights the inequities faced by racial and ethnic minority groups in the system. The literature review aims to provide a brief overview of key findings and highlight the ongoing efforts to address racial discrimination in the criminal justice system. Other scholars have attempted to explain racial disparities in drug arrest as J. Miller did in his book Race, Drugs, and Policing: Understanding Disparities in Drug Delivery Arrestees’ Accounts. He examined how the police’s decision-making processes and racial profiling contribute to the over-policing of minority communities (Miller, 2017). Lastly, as a law enforcement officer I see the racially based laws that are already enacted and continue to be passed. The language in most of these laws only affect a certain population so that’s why many others and myself consider them racially biased. One example is the draconian drug laws passed in the 1980s.

 PAPER #6

 “In the United States, one of every nine black men between the ages of twenty and thirty-four is behind bars, and, in 2003, the Bureau of Justice Statistics projected that one in every three young black men could expect to be incarcerated at some point in his life. These rates far exceed those of any other demographic group—for instance, black males are incarcerated at nearly seven times the rate of white males” (Starr & Rehavi, 2013, p. 4). “No consistent evidence exists of racial discrimination at the point of criminal conviction. However, “at the point of sentencing, not conviction, racial disparities appear” (Banks, 2020, p. 97). From a racial perspective it seems clear that the criminal justice system is discriminatory towards blacks based on sentencing disparities, but researchers contend that when you account for other variables such as social and economic factors, racial discrimination is not necessarily the underlying factor (Banks, 2020).

“Even setting aside racial disparities internal to the criminal justice system, sentencing law changes that increase severity have a particularly adverse impact on black men, who are disproportionately involved in the system in the first place” (Starr & Rehavi, 2013, p. 78). Whether it was the war on drugs, mandatory minimums, or more interactions with law enforcement, minorities are disproportionately given longer sentences than other groups. Researchers may disagree on the reason behind this issue, they can agree that there is a disparity when it comes to the criminal justice system and minorities. More research needs to be completed to find ways to change these disparities in sentencing and the criminal justice system as a whole.  

PAPER #7 KRISTINA

Racial discrimination is something that in many cases in the criminal justice system makes it to where they need to be able to understand that it is not okay to do as well as the depiction of how to actually decrease the incidents in order to make the changes. The racial discrimination comes in the long run within the racial profiling, sentencing disparities, over and under policing as well as creating a change in the dynamic of fulfillment and sustainability within the organization. (lang,Spitzer,2020) These aspects make it hard for individuals to develop a fair and just way of having a sustained way of life. In many cases this makes a change in the long run that allows a committed change and sustained way of situations in order to get past it. There has been things that have placed on many minorities that are based off of old, and racist ideals in the aspect of the criminal justice system.  There is an impact in disparities and bias on many aspects that make a sustained change in how people will continue to organize and the disparities. In many cases it is unfair and unjust but in many cases people will view minorities as guilty before being innocent.(Freeman,Hu,Janetta,2021) This makes it hard for people to develop a fair way of being just and continue to be sustained overtime by the enforcement and criminal justice system in the long run of the system that we are in. 

PAPER #8 ARIEL

Discrimination Within Criminal Justice

The United States of America is a country that was founded and built by individuals who migrated from different areas of the world. This movement of people has carried on throughout the history of the country. Such a trend is supported by Urbina and Álvarez (2018) stating that, “no country in the world has possibly experienced more human mobility, migration, and social transformation than the United States” (p. 3). This information no doubt proves the importance of immigration in this country. However, it also brings to light another issue that has recently become a trend amongst Americans. That is the sad reality that immigration has become a direct link to discrimination throughout this country.

Specifically, this affects those who are a part of the Hispanic community as they are the most common race associated with the immigration crisis (Banks, 2020, p. 92). Because of such discrimination, these individuals have often found themselves finding their experiences with the criminal justice system to differ from others. For instance, the United States Supreme Court ruled that law enforcement officers were allowed to stop individuals who looked Hispanic to ensure that they had the proper legal documentation to be in the country (Urbina, 2012, p. 65). This practice is clearly discriminating as those who are Caucasian or African American are not included in this decision. Furthermore, Latinos are also facing discretion when facing sentencing. This can be viewed through evidence collected for the year 2010. During that time, Caucasians had a total of 1,478,347 individuals on probation while Hispanic males only made up 351,501 out of the total 4,055,514 incarcerated males (Urbina, 2012, p. 253). This clearly demonstrates that while males were given probation Latinos faced harsher sentences that reduced such possibilities.