Criminal Justice Authority Essay Example

Criminal Justice Authority Essay Example Criminal Justice Authority Essay Criminal Justice Authority Essay Criminal Justice Authority Evaluation The criminal justice system has always operated under discretionary authority. This includes law enforcement, the court system and corrections. Police officers enjoy the benefit of whether to charge for small infractions and whether an incident requires force to be applied. The court system uses discretionary authority in sentencing of the guilty. The department of corrections uses discretionary authority in the everyday running of the prison system, as they are the rulers of their community. Within this paper all of these fields will be evaluated and how the roles of a civilian oversight committee will fit in. There is a growing awareness of how complex police work is. This has come from an examination of the officers’ use of discretion in their daily policing activities. There is also of the critical role that community leaders have in the vitality of their neighborhoods. Discretion is used at all levels of law enforcement not just with the patrol officers. There is a special interest in how the core of police authorities uses discretion to enforce the law. Negative policies (things officers may not do) have at least two limits. First there is that they are unhelpful and irrelevant restrictions. There are rules that limit what they should do which gives supervisors rope with which to hang them with. Second there is a large gray area of necessary discretion and the feeling of not wanting anyone telling them what they should do. Because of the inattention of administrators of the day-to-day policing the beliefs that officers are being told what not to do and will use this to hand an officer crosses the line is across the board with officers. These rules fail to tell the officers what they should do in a positive way (Kelling,  2011). Police discretion cannot be structured by issuing policy statements or proscribing certain actions. There can and will be serious concerns if the departments do not develop policy guidelines that are clear and concise. Discretion is not only on patrol levels but all levels of criminal justice organizations. The portrayal of police work is inaccurate in some cases. Police do not make arrests on whether a law had been violated or not. A contributor to crime control is the low-level personnel decision makers. Social problems are solved by criminal law and unlawful behavior is diverse in nature. Criminal justice agency policies have an impact on other agencies. The idea of doing away with discretionary authority in law enforcement is in the minority (Kelling,  2011). The judicial system is made up of discretionary authority. Judging can be described as Main, (2006) â€Å"the art or science of making discrete choices among competing courses of action† (p. 4). In order for judges to rule fairly and equitably they must have the discretion to practice any lawful route. The core of the judicial function is the right to exercise discretion. Judges have the discretion to allow certain courses of actions such as mistrials, motion to exclude, testimony of certain witnesses (whether to exclude them or not) and sentencing of the accused. A judge will make choices at their discretion with the help of different options. The judicial system puts their trust in the judges to make informed and sound judgments. A judge can be persuaded by the arguments of the court advocates. A judge is in the higher position and must see, evaluate and hear the testimony with firsthand knowledge. There are situations that a judge will not use their own discretion to make a decision but will rely solely on the testimony and there will be only a yea or nay decision (Main, 2006). There are judicially-imposed conditions. These conditions can be used by judges to pursue a variety of objectives. There are four categories that overlap: Main, (2006), â€Å"(1) Germane Conditions which are conditions that reflect a close nexus with the criteria for deciding the motion that is precipitating the court order; (2) Fairness Conditions which are the conditions inspired by notions of fairness; (3) Efficiency Conditions which are conditions designed to ensure the efficient processing of cases; and (4) Power Conditions which are conditions expressing judicial fiat† (p. 6). These conditions are applied by the courts. These are concrete conditions but judicial discretion to these conditions must contemplate a number of variations. The judicial system has the authority to induce or impose these conditions (Main, 2006). Corrections are probably the area where discretionary authority can become corrupt more easily. One of the biggest infractions is the misuse of authority. This is the McCarthy  (1996), â€Å"intentional misuse of discretion for personal material gain† (para. 8). There are three offenses that comprise this type of corruption. They are directed against the inmates (McCarthy, 1996). The acceptance of gratuities or rewards from inmates for special consideration in obtaining normal prison privileges; the acceptance of gratuities for help in obtaining or protecting illicit prison activities; and the mistreatment or extortion of inmates by staff or personal gain (McCarthy, 1996, para. 8). Discretionary conduct is broken down in three different forms. They are nonfeasance, misfeasance, and malfeasance. An improper action that an official may lawfully do is referred to as misfeasance. This includes giving special privileges for some type of gratuity. Direct misconduct is referred to as malfeasance. This includes smuggling in contraband and extortion. The failure to live up the expectations of a correctional official is referred to as nonfeasance. This will include ignoring the rules of the organization and ignoring the inmate violations. Legislature gives corrections so much discretionary authority that it allows for the opportunity of corruption. Low-level employees are responsible for controlling and monitoring inmate behavior. This means that they have to make discretionary decisions which will either penalize or reward inmate behavior (McCarthy, 1996). Discretionary acts are given a wide berth by the public until something happens that a complaint is filed. We allow for police officers to arrest or charge, judges to sentence or rule on motions, and corrections officers to control the inmate population using discretionary authority. Some of these are abused and need to be looked into. There are committees formed called civilian oversight committees. The role of these committees is makes sure the officers in the criminal justice system does not abuse their power of discretion. Police should be accountable to the public for the way that they treat people. A civilian oversight committee will oversee the â€Å"conduct on behalf of the public† (Stone Merrick, 2002, p. 1). This is to correct or curb those that abuse their power. The civilian oversight committee will look into any questions of the abuse of power in the arrest, the questioning and the use of force, lethal or non-lethal. Some think that civilian oversight should go even farther into policing. Not just the patrolman but the higher ups in the organization also. Police chiefs have the discretion as to whether to punish or withhold punishment of an officer that has been accused of abusing their power. Civilian oversight committees are being considered to look more deeply into the supervisors that are abusing their power (Stone Merrick, 2002). Civilian oversight committees are being used across the world. They will look out for the fundamental rights of the citizens in relation to law enforcement. In some areas the institutional structures and the legal structure enforcing those rights are incomplete and week. A strong civilian oversight is an effort to strengthen these structures (Stone Merrick, 2002). As more and more civilian oversight committees are formed the criminal justice system will be able to operate more at their discretion because they will be closely monitored. The discretionary authority of law enforcement can cross the lines of good police work. Choosing when to charge an individual with breaking the law can lead to questions of bias. The judicial system appears to run solely on the discretion of the judge. There are conditions that are finally and a judge cannot be discrete when considering these conditions. There are many different variations that determine a judge’s final ruling. Out of all the areas of the criminal justice system the corrections area are more apt to use their discretionary authority for corruption. Giving the low-level employees the room to penalize or reward inmates because of their behavior at their discretion opens the door for corruption. Civilian oversight committees will assure that police, judges, and corrections officers do not abuse their discretionary authority. With civilian oversight committees monitoring these criminal justice systems the public can be assured that they will get fair treatment regardless of what organization they are dealing with. Reference Kelling, G. (2011). â€Å"Broken Windows† and police discretion. National Criminal Justice Reference Service. Retrieved from https://www. ncjrs. gov/pdffiles1/nij/178259. pdf Main, T. (2006). Judicial discretion to condition. MSFraud. Retrieved from http://avenue-s. us/resources/judicial%20discretion%20to%20condition. pdf Stone, C. Merrick, R. (2002). Civilian oversight of the police in democratic societies. VERA Institute of Justice. Retrieved from vera. org/download? file=95/Civilian%2Boversight%2B2. pdf

Case study Example | Topics and Well Written Essays - 750 words - 49

Case Study Example This value chain management ensures timely delivery of the products in the market. Moreover, the products are low cost and relatively affordable. Zara is has a customer-centered approach to the market. Besides having to consider great value and quality, the company also uses its resources to ensure that the products reaching the customers is at low cost. Providing fashion at low cost has remained one of the company’s strength and the means behind the market share claim. The target market for the clothing is the customers with medium to high purchasing power. This includes those individuals who are fashion conscious and who want to look fashionable at all times. In my opinion, this helps the company to compete well with other fashion companies in the world. Being customer-centered, the company has market researchers in every part of the world where their presence is felt. This allows the company to respond directly to consumers’ needs. Further, the company has focused on research-based designing and innovativeness. This helps to create brands that the consumers can appreciate and that are ready to capture their attention and hence compete well in the market (Kumar, 2005). The success of any company depends on both the internal and external environment of the organization. Zara Company has a strong organization structure that ensures its success. With a well-structured management and a long-time experience in the market, the company has an easy time navigating the market and creating new environments. The company’s presence in 74 countries in the world also contribute to its success. This is because for a company to be successful. It must be able to secure a wide customer base that will ensure maximum and consistent source of revenue. This expansive strategy has allowed the company to be relevant to the emerging markets and to create a market share for itself as compared to many of the

AirTex Aviation Essay Example | Topics and Well Written Essays - 1750 words

AirTex Aviation - Essay Example This company is rather a challenge for its new owners to put it on the right track of profitable business activities. The two owners initially managed to infuse $500,000 into the business as working capital employed to meet the company's short term debts, obligations and even the expenses that are to be paid in the current year The management of cash and accounts receivable are the most important assets of the company, but the company lacked proper recording, calculating and collecting the accounts receivable and turn them into cash efficiently Ted gave the collection of accounts receivable a new direction. It delegated the responsibility of dealing with the debtors, credit grant and collection of accounts receivable to the departmental managers themselves The company owed the bank $300,000 against the notes payable and the company would have gone for bankruptcy if the bank had called for the payment of liabilities, indicating poor liquidity position of the company. Ted met this challenge by strengthening relationship and building trust of the bank manager in the company's new management and their abilities. This made the company became eligible to get more loans and borrowings from the bank and meet any credit uncertainty. AirTex Aviation was on the brink of bankruptcy due to poor management caliber shown by its ex-owner that had lead the company to such a position Previously, all the management power and influence were rested on the single person who was an accountant for the company The company was very weak in terms of its Organisational structure and the dispersion of power and authority remained confined to a single accounting manager that hindered the free and direct flow of communication between the manager and the workers The company lacked educated and trained employees, furthermore, most of the workers in the company are reluctant to change, of any kind especially, education, training and application of new technology etc that could serve to be the greatest hindrance in its course of success Most of departmental managers were old-aged people who were supposedly less willing to adopt the new trends and technologies The two new owners of the company lacked the industry-related skills and knowledge of the business that may affect the growth of their business There had been a severe lack of communication and coordination among the managers and the workers, also the managers confront with the lack of decision-making powers and rights. After the acquisition, the revised structure of organization and decentralization of power resulted in enhanced decision making skills of the managers and an improvement of departmental education and learning The departmental level of accounting was required to be done by the

Management of risk falls among the elderly Essay

Management of risk falls among the elderly - Essay Example The need to address the issue of falls among the elderly is therefore an important consideration. This paper shall discuss the management of risk falls among the elderly, specifically carrying out a critical analysis of the main theoretical and clinical concepts/principles and relevance to clinical care. Following a balanced and evidenced critique, this paper will develop recommendations for clinical practice and/or educational development of nursing practitioners in relation to the topic. Search strategy An initial internet search was carried out via Google Scholar using the following search words and specific combinations: falls elderly; fall risk elderly; management falls elderly; impact falls elderly. Literature dated from 2001 onwards was further evaluated for inclusion into this study. A search of the following databases was also carried out: Cochrane, Medline, and PubMed using the same search words specified above. The inclusion criteria covered elderly patients 65 years and a bove, with or without history of falls, with or without history of mental health illness including dementia, with or without history of osteoarthritis or other diseases affecting mobility, gait, or balance, with or without history of stroke rendering paralysis, and those undertaking any form or medication which may cause dizziness or disorientation. The following inclusion criteria are possible contributory elements to falls among the elderly and any of these elements present may also pose equal risk to the elderly patient. The credibility of the authors, including publication, and peer-review of the chosen literature was evaluated. Chosen studies were then specifically assessed in terms of relevance. Contextual information Falls as incidents caused by the aging process are often associated with diseases like Parkinson’s disease, musculoskeletal issues, cognitive degradation, and impairment of sensory systems (Carter, et.al., 2002). Incidents of falls often increase as people get older and as the elderly continue to advance in age. It is also one of the major causes of morbidity and mortality among the elderly (Rubenstein and Josephson, 2006). Morbidity from falls includes major injuries and fractures, limited mobility, as well as functional health decline and permanent disability (Wolf, et.al., 2003). A common effect of falls is hip fracture and some of these falls often lead to fractures, especially among the older adults (Moreland, et.al., 2004). These falls are considered preventable and much interest has been directed to these methods of prevention, especially in relation to the risk factors which exacerbate these risks (Barnett, et.al., 2003). Various studies have been carried out evaluating these fall risks and preventive measures for these falls. Most of these studies indicate that the risk for falls increase with the advancing age of individuals, with higher risks seen among those in the over 60 age range (Li, et.al., 2005). Studies also reveal that fall risks are often associated with different factors including history of past falls, cognitive impairment, impairment in the performance of activities of daily living, weakness of muscles or bones in the lower extremities due to disability, impaired gait or balance, dizziness, arthritis, history of stroke, poor eyesight, low body mass index, use of psychotropic medications causing dizziness or disorientation (American Geriatrics Society, et.al., 2001). A

Comparing Literary Works Themes' Research Paper

Comparing Literary Works Themes' - Research Paper Example These articles are How I Met My Husband and The Gift of the Magi by Alice Munro and Henry O respectively. How I Met My Husband is a short story that was written by Alice Munro. Having being published in, the story covers the theme of marriage. As one of the most valued aspects of life, marriage has been extensively covered by many authors who are focused at providing the manner in which a strong family is formed based on the right choice during marriage. How I Met My Husband is a story that involves Edie, a young girl who was employed as a house help for Dr Peebles and his family. The story indicates how Edie meets a pilot known as Chris Watters. Immediately, the two falls in love. As a young girl who is looking for love, Edie first encounter with romance is when she comes close to an airplane view. One of the key aspects that the story is based on is the innocent nature about romance that Edie exhibits. Additionally, the story indicate how despite her younger age, she is significantly proud and is aware of her blossoming womanhood that she aim to use together with Mrs. Peebles’s make ups to attract the attention of Chris Watters. One of the afternoons while Mrs. Peebles is away, Edie plans on how to dress herself and become a sophisticated beauty that Chris could not avoid. Chris on his part notices the beautiful Edie while he was looking for cool water to drink. On the other hand The Gift of the Magi is a romance story which is written by O. Henry. The story is concerned about marriage between Mr. James Dillingham (Jim) and Della who is Jim’s wife. Marriage needs commitments and love and thus it is termed as tricky. Love is tricky and thus the young couples want to buy each other gifts but have little money since it is on Christmas Eve. Gift to make each other happy and strengthen their love and thus each and every individual has to play his or her role to make sure that the lover will appreciate the gift. One

Server Virtualization Paper Term Example | Topics and Well Written Essays - 750 words

Server Virtualization - Term Paper Example These issues become a challenge when the business is unable to respond urgently due to budget constraints. Virtualization has proven to be a reliable solution in responding to problems associated with declining floor space and power. Virtualization is exemplified best in virtual memory where computer system software is capable of utilizing more memory than is physically available. This is made possible through the swapping process that allows data to be placed at the background of hard disk. Recent developments have seen this concept being applied in server hardware, networks, laptops, system software and application software. The widespread application of virtualization is due to the fact that most of the system processing resources are normally underutilized. Simply put, much of system time is wasted given that most systems and their applications spend a considerable amount of their time in idle states (Kusnetzky, etal. 2011). Virtualization technology allows more work to be done f rom a single hardware. By creating more than one virtual machine in a single server or laptop, a business executive is able to optimize his or her system resource. This is possible since the technology is non-disruptive and it does not interfere with normal functioning of the system. With the level of abstraction given by virtualization IT managers are able to respond to urgent needs of an organization and to implement cost effective IT infrastructure. This is possible because the managers have a quick access to a centralized pool of resources. Virtualization makes it possible for hardware to function independent of applications and system. In addition, this technology enables virtual machines to be installed in any system. Also, management of operation system and application as a single unit is made possible by incorporating them into virtual machines (Kusnetzky, etal. 2011). Incase a server is overloaded; virtual machines can be deployed to a different server. This ensures that sy stem response time is not compromised and that a system is not underutilized. When the workload goes down, the virtual machines can be incorporated back to their original server so as to cut down costs by saving power. Few years ago it was not possible to exploit full potential of virtualization. This was because it was impossible deploying virtual machines in a secure environment. Server and network administrators at the time had difficulties managing virtual environment since routers and switches were not compatible with virtual machines. Nevertheless, with virtualization, management of resources was fairly easy since applications were readily available. In case a server encountered problems, virtual machines within it were readily restarted in a separate hardware. However, with automatic deployment made possible, efficiency is greatly improved since it is possible to move a virtual machine ahead of time in case a system administrator decides to service the server or to shut it do wn for some other reason. Virtualization has evolved to an extent that network vendors are able to perform certain activities which they could not few years ago. The development of BLADE network technology has seen the launch of switches (VMready) that have solved most of previous experienced problems. The switches readily recognize virtual machines within servers. The switch is also compatible with almost all Hypervisors e.g. Microsoft, VMware, Red Hat etc (Kusnetzky, etal.

Comparing Literary Works Themes' Research Paper

Comparing Literary Works Themes' - Research Paper Example These articles are How I Met My Husband and The Gift of the Magi by Alice Munro and Henry O respectively. How I Met My Husband is a short story that was written by Alice Munro. Having being published in, the story covers the theme of marriage. As one of the most valued aspects of life, marriage has been extensively covered by many authors who are focused at providing the manner in which a strong family is formed based on the right choice during marriage. How I Met My Husband is a story that involves Edie, a young girl who was employed as a house help for Dr Peebles and his family. The story indicates how Edie meets a pilot known as Chris Watters. Immediately, the two falls in love. As a young girl who is looking for love, Edie first encounter with romance is when she comes close to an airplane view. One of the key aspects that the story is based on is the innocent nature about romance that Edie exhibits. Additionally, the story indicate how despite her younger age, she is significantly proud and is aware of her blossoming womanhood that she aim to use together with Mrs. Peebles’s make ups to attract the attention of Chris Watters. One of the afternoons while Mrs. Peebles is away, Edie plans on how to dress herself and become a sophisticated beauty that Chris could not avoid. Chris on his part notices the beautiful Edie while he was looking for cool water to drink. On the other hand The Gift of the Magi is a romance story which is written by O. Henry. The story is concerned about marriage between Mr. James Dillingham (Jim) and Della who is Jim’s wife. Marriage needs commitments and love and thus it is termed as tricky. Love is tricky and thus the young couples want to buy each other gifts but have little money since it is on Christmas Eve. Gift to make each other happy and strengthen their love and thus each and every individual has to play his or her role to make sure that the lover will appreciate the gift. One