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Running head: PURSUING CRIMINAL JUSTICE OUTLINE            1




                       Pursuing Criminal Justice Outline

                                Juan Malfavon

                                 CJA/483 v2

                               October 21, 2011

                            Albert Mendoza M.A.
PURSUING CRIMINAL JUSTICE OUTLINE                                                                       2


                                                  Outline

        I selected the component of policing to develop a personal broader knowledge of the first

tier in the criminal justice system. I believe that justice relates to an arrest against the criminal

committing the act of a crime against another individual, and that the criminal must pay the

victim and society back for the act of the crime through the retribution process as legally set

forth in current laws according to the crime committed.

        The three current practices of the component that demonstrate the successful achievement

are (1) The investigation process that allows for a sure measure of evidence to be gathered, (2)

The detention of the criminal during the investigation to ensure that the individual does not

commit other crimes during the investigation and (3) the formal arrests of the criminal and

criminal proceedings to try the criminal once evidence in place to ensure that the individual was

not wrongfully detained or charged.

        There have been several significant changes that law enforcement agencies have

undergone since the September 11th attacks on the United States; they are (1) the money

laundering transmittal business and related hawalas (Fact Sheet: The USA Patriot Act - A

Proven Homeland Security Tool, 2005). That permit for the identify and tracking of money

being laundered more easily by identifying transferred sums of money that are ten thousand

dollars or more to be reviewed by the FBI and to place a tracking process on the originations of

those funds. (2) Readily available information through federal channels on people to law

enforcement personnel and federal organizations like ICE, FBI, CIA, DHS, and the ATF. (3)

More money for technologically improved communication equipment and a larger budget for

personnel and crime fighting equipment.

        Even with more money and communications sharing programs like the Patriot Act, I
PURSUING CRIMINAL JUSTICE OUTLINE                                                                     3


believe the three biggest challenges in the next 10 years for the law enforcement community will

be (1) to develop multicultural training programs that will enable the hiring of more non-White

citizens to handle the ever growing population of multicularism in the Unites States. The 2nd

challenge will be to implement a training program that will develop personnel who will put aside

personal biases toward other races and do his or her job with professionalism and treat everyone

as equal. The 3rd challenge will be to establish a program by where every law enforcement

agency will act and be trained in the same manner nationwide so that Americans will be treated

with the same fairness and dignity regardless of the state, county or city in which he or she

resides.

       Prior to learning about law enforcement programs and how they correlate with the public,

I used to think that justice was a thing of the past or only for affluent people, but after learning of

historical events that have benefited people through the common law system used in the United

States, I have a better sense of justice and how justice actually applies to everyone in the United

States, even undocumented people have a life line to justice in the United States.

       During my reading assignments I realized that justice is not just a word, but an actual

event that takes time to develop to ensure that the handing out of punishments is commensurate

with the crime. "Justice is the ligament which holds civilized beings and civilized nations

together," said Daniel Webster at the funeral of Justice Joseph Story, in 1845, Kirk, R. (1993).

       The common law system allows people to expect certain outcomes on the degree of his or

her own personal case and how it applies to everyone regardless of social status. I intend to

commit to a professional ethic based on fairness and not on a person’s clout in society; I hope to

achieve a firm understanding of the level of education I am receiving. I believe that I will have a

better grasp of justice and hope to meet the expectations that will be entrusted to me as I did
PURSUING CRIMINAL JUSTICE OUTLINE                                                                     4


when I was a United States Marine Officer, I will continue to hold my faith in God and in my

country and the values that have made America a beacon of hope for people of many countries

who come here for a better chance at opportunity, freedom of choice, religion, and life.

       The reason American law works so well is based on simple practices of law which enable

a crime to be solved with some expediency and fairness to both parties involved, they are (1) the

investigation process that is more thorough today thanks to the advancements of technology and

because information sharing is more cohesive within governmental law enforcement agencies (2)

The detention of the criminal during the investigation makes research more formidable because

the criminal cannot move about and cover his or her tracks (3) The formal arrests of the criminal

and criminal proceedings allow for the prosecution to substantiate the crime in question and to

process the criminal according to common law procedures

        Unfortunately; not everyone agrees with the current laws and statutes that define

American Justice because not everyone thinks the same, some people like to live in a perfect

world where there is no evil and nothing ever goes wrong, but these are the same people who

always come out and complain about crime not being reduced when he or she is the victim.

       There will be a few people that will cry out “foul” because that is the nature of people,

and not all people think the same nor are they on the same sheet of music when it comes to

justice or crime prevention, but for the most part everyone does want justice to be handed out or

controlled in a fair manner.

       For example some changes provoked by 9/11attacks are (1) the passage of the USA

Patriot Act on October 25, 2001; (2) the president’s executive order issued November 13, 2001,

authorizing detention and military trials for non-citizens suspected of terrorism; (3) the creation

by presidential order in May 2003 of the Terrorist Threat Integration Center (TTIC), an
PURSUING CRIMINAL JUSTICE OUTLINE                                                                     5


interagency body with participants drawn from the Department of Homeland Security, the State

Department, the Defense Department, the FBI, the Department of Justice, and various

intelligence bodies; it reports to the director of the Central Intelligence Agency Fact Sheet: The

USA Patriot Act - A Proven Homeland Security Tool. (2005). Even though these changes have

helped t odeter many terrorists crimes, there are still people that argue that the Patriot Act is a

bad tool for government to have because he or she feels that this tool gives government too much

power that will go unchecked like the power that Edgar J. Hoover had during his reign as CIA

director.

        These new law changes can be seen as positive and negative, depending on the

perspective of freedom that an individual has. Some people see it as an infringement on their

rights and others don’t. "Terrorists exist to obviate and overcome all the physical barriers put in

their place," said Bruce Hoffman, a former adviser to the National Commission on Terrorism and

the vice president for external affairs at the Rand Corp Fenoglio, G., Frater, E., Gorman, S.,

Heath, E., and Murray, M. (2001). What I believe he meant is that Terrorist or simple criminals

will do whatever he or she can to cross the line of the law and to get away with crime. It is in

this context that laws need to be changed, developed or improved to protect its citizenry.

        I believe these changes are worthwhile and necessary because of the ever increasing

terrorism warnings against non Muslims and people who just don’t commit crimes worldwide

because laws are broken by bad people, and made to keep good people in line. As the fanatics

get more brazen with their terror plots and recruiting of home grown terrorist increases, so too

should we increase the laws, regulations and programs to help fight this disease known as

terrorism and to stop criminal minds in his or her tracks

        With the implementation of new laws, more specifically with the Patriot Act many people
PURSUING CRIMINAL JUSTICE OUTLINE                                                                     6


felt that his or her personal rights are being violated because of the Patriot Acts ability to ease

drop on phone calls and to review banking information on anyone, so there has been legislation

enacted to repeal the Patriot Act in its entirety and also to keep parts of the act in place. Some of

the actions put in place to overcome this resistance are Legislation efforts to help meet the

demands of those that would have no Patriot Act at all, and those that deem the Patriot Act a

necessity to the safety of the nation. According to Fenoglio, G., Frater, E., Gorman, S., Heath, E,

and Murray, M (2001) The challenges for counter-terrorism efforts inside U.S. borders will

largely be ones of balance: cost versus benefit; freedom versus security.

       Some of the proposals that could conceivably do the most to stave off terrorist attacks

will also be the most controversial and will prompt objections, on moral, and civil liberties

grounds. What this really means is that keeping security and safety within U.S. borders will

continue to be an issue for those that would like to see fewer restrictions on individual rights.

       These legal changes occurred because of an event like 9/11 but there were other events

prior to this horrific action by an unknown enemy like the bombing of the U.S.S. Cole and the

initial bombing of the world trade towers in 1993. These events took place because the current

federal law enforcement agencies such as the FBI, CIA, DEA, and other governmental

organizations were not communicating information that would have linked events, criminals, and

actionable data that would have deterred these crimes. According to (Smith, 2004) The efforts to

facilitate information sharing are warranted because investigators have now shown that, had

there been sufficiently effective systems for data sharing and assessment in place, the September

11 attacks probably would never have happened. This form of data sharing between agencies

will be an essential part of combating crime.

       The challenges that will be faced by this nation will come from several venues but most
PURSUING CRIMINAL JUSTICE OUTLINE                                                                   7


importantly from multicultural issues in handling individuals of differing faiths and cultural

diversities because so many people today come from so many different back grounds and

religions. It will be difficult for any peace officer to simply speak to any American, because of

the language issues and religious or ethnic differences that will make a person feel that he or she

is being threatened or just bullied by police because so many people in America today do not

assimilate nor are they expected to assimilate because it would be seen as a cultural attack on his

or her religion or custom.

       This lack of requirement toward traditional United States etiquette and assimilation will

certainly be the down fall of the American way of life; as more time passes without requirements

for language, borders, and United States culture.

       I believe that the future of law enforcement will become more strategic in nature due to

the overwhelming amount of cyber crimes and levels of theft that are emerging within the United

States and other countries, as information sharing becomes easier for law enforcement agencies

so too, do crimes of pornography, embezzlement, identity theft, human smuggling, terrorism, and

drug trafficking become easier for criminals.



   .
PURSUING CRIMINAL JUSTICE OUTLINE                                                              8


                                          References


Fact Sheet: The USA Patriot Act - A Proven Homeland Security Tool. (2005). Retrieved

       http://www.dhs.gov/xnews/releases/press_release_0815.shtm


Fenoglio, G., Frater, E., Gorman, S., Heath, E., and Murray, M. (2001). Proposals to combat

       terrorism would change Americans’ ways. National Journal, Government Executive.

       Retrieved from http://www.govexec.com/dailyfed/0901/092101nj2.htm


Kirk, R. (1993). The meaning of justice. Lecture on poverty and inequality. The Heritage

       Foundation. Retrieved from http://www.heritage.org/research/lecture/the-meaning-of-

       justice


Smith, R. M. (2004, spring). Arraigning Terror. Dissent magazine, (), 39-44. Annual Editions

Criminal Justice 09-10 33e Article03.

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Juan J Malfavon pursuing criminal justice outline

  • 1. Running head: PURSUING CRIMINAL JUSTICE OUTLINE 1 Pursuing Criminal Justice Outline Juan Malfavon CJA/483 v2 October 21, 2011 Albert Mendoza M.A.
  • 2. PURSUING CRIMINAL JUSTICE OUTLINE 2 Outline I selected the component of policing to develop a personal broader knowledge of the first tier in the criminal justice system. I believe that justice relates to an arrest against the criminal committing the act of a crime against another individual, and that the criminal must pay the victim and society back for the act of the crime through the retribution process as legally set forth in current laws according to the crime committed. The three current practices of the component that demonstrate the successful achievement are (1) The investigation process that allows for a sure measure of evidence to be gathered, (2) The detention of the criminal during the investigation to ensure that the individual does not commit other crimes during the investigation and (3) the formal arrests of the criminal and criminal proceedings to try the criminal once evidence in place to ensure that the individual was not wrongfully detained or charged. There have been several significant changes that law enforcement agencies have undergone since the September 11th attacks on the United States; they are (1) the money laundering transmittal business and related hawalas (Fact Sheet: The USA Patriot Act - A Proven Homeland Security Tool, 2005). That permit for the identify and tracking of money being laundered more easily by identifying transferred sums of money that are ten thousand dollars or more to be reviewed by the FBI and to place a tracking process on the originations of those funds. (2) Readily available information through federal channels on people to law enforcement personnel and federal organizations like ICE, FBI, CIA, DHS, and the ATF. (3) More money for technologically improved communication equipment and a larger budget for personnel and crime fighting equipment. Even with more money and communications sharing programs like the Patriot Act, I
  • 3. PURSUING CRIMINAL JUSTICE OUTLINE 3 believe the three biggest challenges in the next 10 years for the law enforcement community will be (1) to develop multicultural training programs that will enable the hiring of more non-White citizens to handle the ever growing population of multicularism in the Unites States. The 2nd challenge will be to implement a training program that will develop personnel who will put aside personal biases toward other races and do his or her job with professionalism and treat everyone as equal. The 3rd challenge will be to establish a program by where every law enforcement agency will act and be trained in the same manner nationwide so that Americans will be treated with the same fairness and dignity regardless of the state, county or city in which he or she resides. Prior to learning about law enforcement programs and how they correlate with the public, I used to think that justice was a thing of the past or only for affluent people, but after learning of historical events that have benefited people through the common law system used in the United States, I have a better sense of justice and how justice actually applies to everyone in the United States, even undocumented people have a life line to justice in the United States. During my reading assignments I realized that justice is not just a word, but an actual event that takes time to develop to ensure that the handing out of punishments is commensurate with the crime. "Justice is the ligament which holds civilized beings and civilized nations together," said Daniel Webster at the funeral of Justice Joseph Story, in 1845, Kirk, R. (1993). The common law system allows people to expect certain outcomes on the degree of his or her own personal case and how it applies to everyone regardless of social status. I intend to commit to a professional ethic based on fairness and not on a person’s clout in society; I hope to achieve a firm understanding of the level of education I am receiving. I believe that I will have a better grasp of justice and hope to meet the expectations that will be entrusted to me as I did
  • 4. PURSUING CRIMINAL JUSTICE OUTLINE 4 when I was a United States Marine Officer, I will continue to hold my faith in God and in my country and the values that have made America a beacon of hope for people of many countries who come here for a better chance at opportunity, freedom of choice, religion, and life. The reason American law works so well is based on simple practices of law which enable a crime to be solved with some expediency and fairness to both parties involved, they are (1) the investigation process that is more thorough today thanks to the advancements of technology and because information sharing is more cohesive within governmental law enforcement agencies (2) The detention of the criminal during the investigation makes research more formidable because the criminal cannot move about and cover his or her tracks (3) The formal arrests of the criminal and criminal proceedings allow for the prosecution to substantiate the crime in question and to process the criminal according to common law procedures Unfortunately; not everyone agrees with the current laws and statutes that define American Justice because not everyone thinks the same, some people like to live in a perfect world where there is no evil and nothing ever goes wrong, but these are the same people who always come out and complain about crime not being reduced when he or she is the victim. There will be a few people that will cry out “foul” because that is the nature of people, and not all people think the same nor are they on the same sheet of music when it comes to justice or crime prevention, but for the most part everyone does want justice to be handed out or controlled in a fair manner. For example some changes provoked by 9/11attacks are (1) the passage of the USA Patriot Act on October 25, 2001; (2) the president’s executive order issued November 13, 2001, authorizing detention and military trials for non-citizens suspected of terrorism; (3) the creation by presidential order in May 2003 of the Terrorist Threat Integration Center (TTIC), an
  • 5. PURSUING CRIMINAL JUSTICE OUTLINE 5 interagency body with participants drawn from the Department of Homeland Security, the State Department, the Defense Department, the FBI, the Department of Justice, and various intelligence bodies; it reports to the director of the Central Intelligence Agency Fact Sheet: The USA Patriot Act - A Proven Homeland Security Tool. (2005). Even though these changes have helped t odeter many terrorists crimes, there are still people that argue that the Patriot Act is a bad tool for government to have because he or she feels that this tool gives government too much power that will go unchecked like the power that Edgar J. Hoover had during his reign as CIA director. These new law changes can be seen as positive and negative, depending on the perspective of freedom that an individual has. Some people see it as an infringement on their rights and others don’t. "Terrorists exist to obviate and overcome all the physical barriers put in their place," said Bruce Hoffman, a former adviser to the National Commission on Terrorism and the vice president for external affairs at the Rand Corp Fenoglio, G., Frater, E., Gorman, S., Heath, E., and Murray, M. (2001). What I believe he meant is that Terrorist or simple criminals will do whatever he or she can to cross the line of the law and to get away with crime. It is in this context that laws need to be changed, developed or improved to protect its citizenry. I believe these changes are worthwhile and necessary because of the ever increasing terrorism warnings against non Muslims and people who just don’t commit crimes worldwide because laws are broken by bad people, and made to keep good people in line. As the fanatics get more brazen with their terror plots and recruiting of home grown terrorist increases, so too should we increase the laws, regulations and programs to help fight this disease known as terrorism and to stop criminal minds in his or her tracks With the implementation of new laws, more specifically with the Patriot Act many people
  • 6. PURSUING CRIMINAL JUSTICE OUTLINE 6 felt that his or her personal rights are being violated because of the Patriot Acts ability to ease drop on phone calls and to review banking information on anyone, so there has been legislation enacted to repeal the Patriot Act in its entirety and also to keep parts of the act in place. Some of the actions put in place to overcome this resistance are Legislation efforts to help meet the demands of those that would have no Patriot Act at all, and those that deem the Patriot Act a necessity to the safety of the nation. According to Fenoglio, G., Frater, E., Gorman, S., Heath, E, and Murray, M (2001) The challenges for counter-terrorism efforts inside U.S. borders will largely be ones of balance: cost versus benefit; freedom versus security. Some of the proposals that could conceivably do the most to stave off terrorist attacks will also be the most controversial and will prompt objections, on moral, and civil liberties grounds. What this really means is that keeping security and safety within U.S. borders will continue to be an issue for those that would like to see fewer restrictions on individual rights. These legal changes occurred because of an event like 9/11 but there were other events prior to this horrific action by an unknown enemy like the bombing of the U.S.S. Cole and the initial bombing of the world trade towers in 1993. These events took place because the current federal law enforcement agencies such as the FBI, CIA, DEA, and other governmental organizations were not communicating information that would have linked events, criminals, and actionable data that would have deterred these crimes. According to (Smith, 2004) The efforts to facilitate information sharing are warranted because investigators have now shown that, had there been sufficiently effective systems for data sharing and assessment in place, the September 11 attacks probably would never have happened. This form of data sharing between agencies will be an essential part of combating crime. The challenges that will be faced by this nation will come from several venues but most
  • 7. PURSUING CRIMINAL JUSTICE OUTLINE 7 importantly from multicultural issues in handling individuals of differing faiths and cultural diversities because so many people today come from so many different back grounds and religions. It will be difficult for any peace officer to simply speak to any American, because of the language issues and religious or ethnic differences that will make a person feel that he or she is being threatened or just bullied by police because so many people in America today do not assimilate nor are they expected to assimilate because it would be seen as a cultural attack on his or her religion or custom. This lack of requirement toward traditional United States etiquette and assimilation will certainly be the down fall of the American way of life; as more time passes without requirements for language, borders, and United States culture. I believe that the future of law enforcement will become more strategic in nature due to the overwhelming amount of cyber crimes and levels of theft that are emerging within the United States and other countries, as information sharing becomes easier for law enforcement agencies so too, do crimes of pornography, embezzlement, identity theft, human smuggling, terrorism, and drug trafficking become easier for criminals. .
  • 8. PURSUING CRIMINAL JUSTICE OUTLINE 8 References Fact Sheet: The USA Patriot Act - A Proven Homeland Security Tool. (2005). Retrieved http://www.dhs.gov/xnews/releases/press_release_0815.shtm Fenoglio, G., Frater, E., Gorman, S., Heath, E., and Murray, M. (2001). Proposals to combat terrorism would change Americans’ ways. National Journal, Government Executive. Retrieved from http://www.govexec.com/dailyfed/0901/092101nj2.htm Kirk, R. (1993). The meaning of justice. Lecture on poverty and inequality. The Heritage Foundation. Retrieved from http://www.heritage.org/research/lecture/the-meaning-of- justice Smith, R. M. (2004, spring). Arraigning Terror. Dissent magazine, (), 39-44. Annual Editions Criminal Justice 09-10 33e Article03.