US Death Penalty in case of Minors

The application of the death penalty within the constitutional framework of the United States has gone through a lot of changes over the course of history. Most recently, it was decided that the application of death penalty upon individuals under the age of 18 be abolished because of various reasons. This brief report will attempt to identify the main arguments behind the above mentioned ruling.

The application of the death penalty in regards to minor raises significant ethical as well as moral issues. In 2007, the Death Penalty Information Center issued a report titled as a crisis of confidence Americans doubts about the death penalty in which it was statistically stated that 60 percent of the American population was of the view that the death penalty does not actuality prove to be a restraint in regards to restricting murders. Continuing with this line of argument, we can clearly come to the conclusion that if more than half of the people in the US do not believe the value of the death penalty then surely it should not be applied upon minors. It is believed that the death penalty is an excessively cruel form of punishment in the sense that individuals under the age of 18 are primarily undergoing moral and ethical development. Such individuals can essentially be reformed in such a way so that they can function normally within society. Life imprisonment is one such way to make sure that every individual be given a chance to change.

The reasons behind a murder are extremely complex and one cannot really pinpoint the main causative factors. Hence, the decision to decide whether one person should live or die cannot be taken lightly. A governments decision to execute someone especially a minor is inherently flawed in the sense that it is a violation of human rights especially if the possibility exists that the person might be innocent. The basic argument that I want to make within this report is that minors still have a long way to go and life imprisonment or something short of that is more likely to work for them rather than for somebody aged 40 years old.

Studies by the death penalty information center have shown that most Americans believe that the death penalty does not restrict murders. Therefore, governments need to develop a system which essentially reforms convicts in such a way so that an example for society is set. Consequently, it is apparently a blatant violation of human rights to execute minors because if a 14 year old child commits murder then it would be considered excessively cruel to execute him or her based on the fact that there is a certain possibility of that child being innocent as well as the fact he or she, if subjected to the system of reform might eventually change. The juvenile criminal system of the US was established upon the primary aim that it would attempt to reform minors who had strayed from the path of normal societal behavior. Hence, the application of laws upon them that also apply to adult offenders seems overly excessive not to mention unfair.

In essence, the abolition of the death penalty in the case of juveniles is another step towards a progressive judicial system which promulgates justice in such a way so that each and every element of society is catered for in an appropriate manner. Executing juveniles is an extremely barbaric custom and it violates ethical, religious and moral laws that are common throughout the globe.

Police Technology

The police are mandated to maintain order, control crime, and provide a diverse assortment of service, from controlling the flow of traffic to responding to 911 emergency calls. Unfortunately, due to the growing complicatedness of crimes and criminal strategies in recent years, quick intelligence and law enforcement badge are no longer enough for the police officers to apprehend lawbreakers. For that reason, police departments all over the world are now promoting the use of latest scientific advances, gadgets and computers in solving crimes. At present, the ensuing developments in police technology in the United States have help extend the growth, efficiency, and scope of the countrys police authority. Nonetheless, as crimes and criminals are expected to adjust to these technological developments in the near future, police departments are continually making sure to improve their present crime fighting technologies.
Current and Future Police Technologies
   
The introduction of crime laboratories, finger printing, extensive use of automobile, and two-way radio more than four decades ago have significantly amplified every police departments competence to solve crimes and increased the productivity in taking action to incidents. To even more enhance the performance of duties and responsibilities, as well as to improve efficiency, police departments have especially depended on most modern, available technologies today. The available technologies include in-car video camera system that helps police departments in surveillance activities, traffic investigations, crime scene investigations, domestic violence investigations, etc. forensic science through the utilization of pathological examinations voice identification technologies to identify criminals ballistic techniques to identify the weapons used in the crime and soft body armor or bullet proof vest to protect police officers from injury in dangerous situations. (Bellis, 2009).
   
Many technologies are likewise currently being developed and tested by few departments for improvement and for future widespread use of other police departments. Unfortunately, however, many technology developers are hesitant to disclose enough information concerning these future police devices. All the same, these innovations are intended to make the present technologies better organized, faster, and eventually more prevailing in implementing corrective actions against lawbreakers. As of the moment, some of the significant, available technologies being improved and slowly utilized by certain police departments include

I. Crime-Solving Robots
The crime-solving robot, known as Arturito, was first utilized by Chilean police to scan a farmhouse to search for the body of a man who had been missing for more than one year. Within two hours and under 12 feet of concrete, the robot was able to establish the dead bodys position ( Busted 10 Awesome Technology-Assisted Police Cases ). Today, Arturito is used in searching other buried evidences, and in sniffing out land mines.  

II. Satellite Image Software
Through the use of satellite image software, police departments are able to locate particular illegal activities in specific ground locations. Swiss police, for instance, used satellite imaging to the address of suspected marijuana farmers accordingly, the satellite image revealed a sketchy patch of green area characterizing the illegal farm. The police was able to apprehended 1.2 tons of marijuana plants as well as arrested 16 individuals ( Busted 10 Awesome Technology-Assisted Police Cases ).  

III. Geographic Profiling
Computer geographic profiling has gained some attention among police technologies in recent years. In 2005, such technology assisted Orange County police in locating the exact address of a person suspected of burglarizing more than 200 houses ( Busted 10 Awesome Technology-Assisted Police Cases ). Accordingly, police officers discovered a suspicious individual at the profiled area, and kept him under close watch until he carried out enough reprehensible things to justify his arrest.

IV. Laser Scanners
Geo-system laser scanners are admirable police technology nowadays seeing that they can accurately and quickly measure up and photograph a crime scene. In 2004, California Highway Patrol employed the technology to reject the claim of a driver that his brakes weakened before his car collided with another vehicle, which killed the latters driver ( Busted 10 Awesome Technology-Assisted Police Cases ). Likewise, the device assisted the police in building a case against Roberto Vellanoweth, a well-known State Republican, who was eventually found guilty of killing four person in a Driving Under the Influence of alcohol incident ( Busted 10 Awesome Technology-Assisted Police Cases ).

V. Laser-Guided GPS Tracking System
Instead of pursuing criminals for hours on high-speed car chase, every police officer in the United States in the future is expected to just engage the suspect in a car chase for a few blocks due to the GPS tracking system (Koprowski). The technology allows officers to tag the criminals car by launching a laser-guided transmitter that is capable to stick on the fleeing vehicle. Accordingly, the pursuing officer can eventually track the criminal by means of real-time information over a portable network.

VI. Other Tactical Technologies
A number of police departments are now using wireless video-surveillance network in tracking down suspects. The Los Angeles Police Department, for instance, is working with Motorola Corporation in deploying surveillance network within the areas public-housing projects (Koprowski). As a result, the department is able to identify suspects even before its officers reach the crime scene.
   
Likewise, other departments are continually studying the use of innovative technologies, such as the utilization of Unmanned Aerial Vehicles for future in-flight police unit. On the other hand, some small town police departments in the United States are looking to even more exploit wireless Internet connection to share detailed information concerning criminals. In Santa Monica, police officers are trained in geographic information system and use a tablet personal computer to track illegal activities across its jurisdiction (Koprowski). In New Jersey, the police department is slowly implanting into the parking tags of local residents a reactive Radio-Frequency Identification chip in order for the parking officials to identify, through their computers, the visitors and residents, as well as speed up the identification of forged parking permits.
   
Throughout the past years, the United States government, as a whole, has invested enormous amount of money on the procurement, development, and research of new equipment for the police forces. Unfortunately, all the astonishing things brought by science and technology to human civilization have not deterred other people to engage in criminal activities. What is more distressing is the fact that criminals have even held to the opportunity that these technologies have generated by preying upon society and victimize its inhabitants. For that reason, police departments everywhere have continually deployed and developed new technologies to apprehend these new generation of equally cutting-edge criminals.

Soft Body Armor

In the past five years the Steelhead Police Department has seen crime dynamics change considerably.  Violent crimes have had an increase in frequency.  Gun crimes have become more prevalent with crimes where shootings have been reported have worryingly gone up too.  Increasingly officers responding to distress calls have come under fire from criminals.

This station has been very fortunate not to lose any officer in the line of duty in the same time period but we have had three of our own go to the emergency room as a result of gun shoots.  These figures call for us to think of how best to try and give officers the best cover possible.  Soft body armor is a tool that should not be seen as an impediment to our productivity but as a life saving tool.

Discussion
Soft body armor has increasingly become an integral tool in the fight against crime.  Progressively more officers have had to wear soft body armor when responding to incidents where gun shots have been reported.  One fact about soft body armor is that it can not be worn all the time.  From the interaction with officers on the beat, I will look to allay some of the fears and issues raised by them in the next few paragraphs.

It is true that soft body armor is not made to be to be worn at all the time.  By the nature of the function it is supposed to perform, it is cumbersome and bulky in nature.  Outer vest body armor are the ones that are worn on the outside on top of police uniform.  There is another body armor that is worn under the clothes like a normal vest would be worn.  This concealed vest will be very useful and will come in handy when working undercover or having to do infiltration work.  With improvement in design techniques and armor material, it is now possible to have concealed vest body armor that is made to suit individual body frames.
For the case of female officers, the body armor will be designed to take into account the body structure.  The body armor will be gender friendly in all aspects.  It will be designed to maximize on safety while not compromising on comfort.  Especially concealed vest will be lined with absorbent material to take care of sweaty situations. The particular company that will be supplying our vests has undertaken to ensure that the supplied item will be colored in a color of ones choice for concealed vests.  For outer vests, all will be color coded to our beat uniform.  They will also be emblazoned with the initials of our force at the back for easy identification when responding to volatile situations.    

As earlier stated, to address the concern raised by our officers, the vests will be made to fit  designed with each individual officers anatomical uniqueness in mind.  In line with this, all officers will be taken through a training exercise of how to properly care for this equipment.  Every officer will be expected to be responsible for their own vest.  It is noted that some of you had raised the issue of having to share vests (Quigley, 2009).
For the procurement of the body armor, two members of the police union have been incorporated in the tender scrutiny and approval of the committee.  In fact, the police union has a majority vote in the committee since there are two union members and I.  So far the committee has had several meetings and has been able to agree on some of the necessary fundamentals. 

We have agreed on the scope and have identified a vendor who is agreeable to all parties.  The particular vendor has agreed to make vests that are specifically suited to each officer on our department.  We will be having follow-up meetings where we will be discussing on the design requirements and ballistic panel material.  It is the committees desire to have concealed vests that can offer protection against small arms fire. 
The outer vest will desirably be made to offer protection against higher caliber guns, up to armor piercing bullets.  Before taking delivery of the vests, the committee will attend testing session where they will see them in action.  They will also be able to personally test them before recommending whether to take ownership of the vests.

It will be the responsibility of each officer to take good care of vests issued under him.  The department will be responsible for replacement of defective vests and damaged ones.  The procurement committee will be responsible for the purchase of equipment that meets the standards and addresses the need to offer police officers greater protection when under gun fire.

It has for a long time being the policy of this police department to offer guidance on work policy and leave the implementation and adherence to the discretion of individual officers.   The same will be kept with some adjustment.  On delivery of the vests and issuance, it will be mandatory to wear outer vests when responding to distress calls where gun shots have been reported. 

Also detectives working undercover and on high risk assignments will be expected to make assessments on a case by case basis and ensure they exercise duty of care in ensuring their own safety.  It will be expected that each officer exercise care of duty to their partners and to themselves.  This code of conduct is as a result of consultation between the chief and representatives of the police unions.

With the implementation of this policy, the chief will expect officers to respond to distress calls much more confident that they have been accorded greater protection.  All officers will benefit from additional training and certification in body armor management and usage.

With the implementation of this policy, the chief is seeking to actualize his life long philosophical belief of zero officers killed or injured in the line of duty (Zakhary, 2007).  It is his intention to provide officers under his watch with the best possible equipment and opportunities to succeed in their work.
By accepting this policy, every officer accepts to abide by the obligation expected of them to use soft body armor at all time when the need arises.  The officer further accepts to taking quality care of the equipment issued to them and be responsible for their safe keeping.  The officer further accepts to attend training at some point in the future on the proper use and care of the equipment.

It is the belief that through the wide consultation that have taken place, soft body armor will be embraced by all. Any issues or complaints concerning the soft body armor will be addressed by the procurement committee who will remain the resource persons at the initial stages of this policy implementation.

Child Endangerment

To understand the policy of the Department of Job and Family services, it is important to first understand the social learning theory itself. Albert Bandura was one of the first and most influential theorists that developed the theory. According to him, learning goes beyond traditional theories. Direct reinforcement is an important variable in determining the structure of learning, but at the same time it does not holistically explain all forms of learning. Based on that premise, he added another element to traditional models, claiming that people learn based on observation. This was later developed into a separate learning method observational learning.
Albert Bandura claimed that when children watch adults behave in a certain manner, they imitate similar behavior in similar situations (Bandura, 1979). Thus, a violent adult can instill in his children the influence of violence to deal with situations. However, an important aspect of his study was that related to mental state of the observers. Environmental reinforcement influence learning and behavior to a certain extent. What really matters is intrinsic reinforcement which involved the form of internal rewards. These internal rewards are sense of accomplishments, success and pride, unrelated to monetary or extrinsic rewards.  Finally, he also noted that a change in behavior does not require learning as a prerequisite (Bandura, 1979). According to him, people can observe situations and learn, but not exhibit similar behavior.

Department of Job and Family Services Policy
The policy enacted by the said department has its pros and cons. The basic concept behind the policy is separation of the child from a home where he or she is prone to domestic violence, or an unhealthy growing environment. The child is removed from the custody of his or her parents or guardian and is handed over to the state or foster parents. Legally, the solution seems clear and implementable and does hold its merits. However, at the same time, an ethical dilemma exists that hamper some of the intended efforts of the policy.

Benefits
Child protection policies such as the one developed by the Department of Job and Family services provide children an opportunity of escape from dangerous lives. Often, during the course of growing up, children are exposed to violence, drugs and other ills detrimental to their development. If parents are the cause, then separation is the best answer.

Children in many homes are battered by their parents who have anger issues. Based on the social learning theory, these children are more prone to commit violence when they grow up. At the same time, those children who see their mothers beaten up by their husbands are 6 times more likely to commit suicide. To keep children safe from such atmosphere is a good idea.

Often, parents are abusive, unconcerned and inattentive to the needs of their children that they willfully produced. Their indulgence in drugs and alcohol, result in them leading substandard lives where they cannot properly provide for their dependent children, neither can they satisfy them emotionally. In the end, the child faces an atmosphere where they are emotionally taxed, financially drained and constantly under pressure to break free from their social environment. The result leads to children underperforming in schools, being more prone to substance abuse and in extreme cases suicide (Appelbaum, 1999). Every child has the right to a stable childhood. Based on that premise, legally, separation of the child from such families is in the best interest of the child at stake. Instead of risking the children having a similar life like their parents, social welfare organizations and legal laws protect the children in the hope that they can lead successful lives, regardless of their experiences.

Finally, foster families or state care ensures that a child grows up with a stable atmosphere. Often this means financial freedom, better education and more emotional attention. Using the learning theory, theorists claim that by interacting in families that are well groomed, children end up the same through observation and learning. Thus, in the future, the children can be expected to take a responsible role in society.

Ethical-Moral issues
The biggest issue arises in the reporting of child abuse cases. Often, most people tend to forget the issue exists either due to fear or intrusive involvement into another persons affair.  Others fear that their interference might make the abuser more violent, and in the end, the child faces the circumstance without them. Sometimes the reports are just false.

In such circumstances, it is becoming highly difficult to monitor and gain substantive proof on child abuse by social workers. The bureaucratic nature of the issue and the documentation involved offers hinders the process entirely. At the same time, it makes the abuser more aware of the circumstance and results in a difficult situation for the child. If the report was falsely reported, it can often leave families with emotional voids (Appelbaum, 1999). An element of suspicion and lack of trust occurs in a perfectly healthy family. Due to which abuse might occur in the future.

In the policy mentioned by the Job and Family Services department, no provision of second chances is given. It is a fact that humans often transgress and need guidance (Appelbaum, 1999). In the case of actual mental patients who need medical attention, this issue becomes ever more pertinent. A person suffering from a mental illness should be treated and rehabilitated to function in society. Under immense pressure already, taking away their children does not fix their problem (Jackson et al., 1991). They need clinical attention and support from the State. Treating them as a person with bad character only helps in discouraging them further from improvement (Garcia et al.1991). Similarly, drug addicts or alcohol abusers need counseling and guidance. Addressing the problem at the root cause can only fix the problem in the long term. Separation of the children from their parents might seem appropriate initially, but in the long term it damages not only the children who need their parents but also the parents who made a mistake once and are made to suffer their entire lives.

Such policies take away the rights of parents. As parents, they need education and awareness on how to raise their young (Jackson et al., 1991). To some, punishment is a way of teaching children. Their ideas of punishment might vary and be illegal, but their intentions might be clear. In such circumstance, the issue is really about who will draw the line between what acceptable punishment is. Legally, grounding children holds no consequence even though you are depriving the child of their constitutional right of freedom. However, forcing a child to eat vegetables for one meal as punishment might constitute as a state offence.  In such circumstances, parents need education and not punishment from the state. The policy seems unfair because it has not accounted for differential cases in child abuse. Its concrete, rigid and inflexible nature might punish parents unfairly. The ethical dilemma can be stretched further into abortion laws. Some states allow abortion where as all states punish child abuse. The dilemma exists in the fact that the two laws are contradictory. The later instructs parents to take care of their children whereas the former allows them to willfully kill them through an abortionist.

Finally, though everyone is thinking of helping the children, authorities often end up thinking too much for the children then for the children. Separation from the environment they grew up in, their home, neighborhood, friends, relatives and schools results in a loss of belonging to them, for no fault of their own (Booth, 2000). Because of this, they end up emotional deprived, depressed, and helpless in the situation that unfolds. If not addresses immediately, these children end up feeling guilty and lose their sense of recognition in society. The stigma attached to not being in proper family is another fear that resides in them throughout this process. They might be teased at school or look down upon as inferior by others. In the end, these children have a high tendency to grow up with emotional detachments and strains from their childhood that might hinder them in achieving their true potential, even though the goal of the policy is to prevent the very same thing. 

Effect on society
The policy effectively destroys the family structure. Based on research, approximately half of all children with foster families return to their birth parents. The family unit becomes complex and eventually fades away with time for the child. 18 of all foster children leave the system with no sense of belonging to a family (Szilagyi, 2007). When a child is placed into a foster home, he or she will always remember that this is not their own home. Second, the fact that the possibility of them returning to their birth parents exists, they find difficulty in accepting the new situations. Finally, because their birth parents are separated from them, the lack of contact leads to a decreased association with them too (Garcia et al.1991). In the end, the children are left stranded in between with no sense of distinction between a foster home and a family.

Children placed in a foster home can often feel under confident and a burden. They often feel that reporting the crime led to their circumstance and they themselves created a burden on another family. Because of this, they lack the motivation and confidence to take bold decisions (Garcia et al.1991). In eventuality, they end up facing a similar threat that they did with their birth parents, the only difference being the physical nature. These children can often grow up to be shy, timid and under-confident adults.

Often, children face a similar circumstance in a foster home that they did with their birth parents. In such circumstances, the reporting of abuse becomes exceedingly low as children fear that this time they might be held the culprit, while other children end up accepting themselves as the problem. In such circumstances, not only does the policy fail blindly but creates anger amongst the children involved against society.
The policy in light of the social learning theory
Albert Bandura claimed that observation can lead to learning but that does not necessarily mean the exhibition of the same behavior. Various factors must be present to ensure that the behavior takes place. The following factors must be present (Bandura, 1979)
Attentiveness on the part of the learner
Retention
Reproduction
Motivation

Without the presence of these 4 critical factors, learned behavior will not take place. Thus, to simply base that children who witness abuse will be more prone to carry out abuse themselves is unfair.
The policy has unilaterally claimed, with reference to the social learning theory, that children who witness abusive behavior are more prone to abusive behavior. However, various other theories such as psychoanalytic, environmental, cognitive development and labeling offer deep insights as well (Newberger, 1983). Each theory has its own pros and cons but none of them can be applied exclusively to a situation. Social factors, confusion of parenting roles, and social inequality play their roles in the development of children (Newberger, 1983). In some circumstances, these factors might affect their growth and future orientation more so than factors mentioned in the social learning theory.

Drug addiction is the unusual condition resulting from frequent drug use which involves the continuation of severe drug taking, drug obsession and susceptibility to relapse and decreased response to natural stimuli. Drug addiction can be classified as preoccupation, intoxication or withdrawal. Preoccupation involves continuous obtaining and passions of the abused substances. Intoxication leads to excessive use than usual in order to experience the effects of intoxication. Drug addiction is caused by different factors ranging from life failures and disappointments, peer group influence to inability to face the pains in life. Drug abuse can start from unfulfilled desires, a dysfunctional family, environments full of physical or emotional abuse or lack of hope. Most people turn to drugs as a way of escaping the reality. Drug addiction can be a complex illness marked by intense and uncontrollable drug longing and obsessive drug seeking and use that continues even when devastating effects are visible. Substance addiction begins with the voluntary decision to take drugs but with time the ability to choose otherwise becomes impossible and the use of drugs becomes compulsive. The problem is a result of continuous drug exposure to the functioning of the brain. Addiction is basically a brain disorder that affects the brain system by changing the normal working mechanism. Drug abuse and addiction have various dimensions and disrupt all aspects of a persons life and this makes treatment to be very complicated at times.  The use of opiates like cocaine, marijuana, heroine and methadone leads to physical, mental and psychological impairments. Cocaine can cause heart problems, strokes and memory lapses. Abuse of opiates leads to despair, agitation, bewilderment and even thoughts of death (Coombs, p 3)

Treatment and counseling
A drug treatment system mainly involves four parts which are referral, induction, intervention and transition. Treatment referral programs and sources include the criminal justice system and therapeutic communities. Induction into the treatment programs requires the assessment of the addict problems and needs and the development of a treatment plan for eventual intervention. The treatment program must encompass all components that address all aspects of the problem.  Pharmacology is essential in removing the withdrawal effects, behavioral therapy to sort out the psychological issues and supportive services to address other physical needs. The treatment must help the person to let go off the drugs, attain a drug free life and achieve worthy functioning in the society. The intervention phase must include the detoxification, dedication and rehabilitation. Medication and behavioral rehabilitation are essential elements of an effective therapeutic process which may include detoxification, treatment and reversion prevention. Reducing withdrawal symptoms helps to start the treatment while prevention of relapse deals with the effects. Medications are only important in suppressing the withdrawal symptoms but medically assisted treatment cannot work on its own. Patients who fail to go through further treatment after medication are just likely to continue with drug use at the same pattern. Medications have been developed for different types of drugs and substances. Detoxification is important in removing harmful chemicals and byproducts from the body since the drugs contain toxins and additives (Coombs, p 455).
   
Behavioral treatment is the most important as it helps the patients to participate in the treatment process, change their attitudes and behaviors about substance abuse and ensure healthy living. Addiction treatment programs can be quite different but are generally characterized by the setting, the structured stages, services and personnel and the underling philosophy. We have outpatient behavioral treatment which involves several programs that allow patients to visit treatment centers at regular intervals. These mainly occur in community settings and are shy for specific time frames. The programs may involve individual or group counseling and apply different approaches like cognitive behavioral therapy, multidimensional family therapy, motivational interviewing or motivational incentives. Cognitive behavioral therapy is designed to assist victims to appreciate, avoid and withstand the situations leading to drug abuse. Motivational family therapy targets families settings to address the various influences on drug abuse patterns and improve the general family setting. Motivational targets individual that are willing to change their habits and start treatment. Motivational incentives or contingency management applies positive corroboration to encourage avoidance of drugs among individuals (Coombs, p 460).
   
Residential programs are suitable for individuals with serious drug addiction problems. Residential settings provide a highly organized surrounding with complex structures and social dimensions. The most common are therapeutic communities (TCs) where patients remain at specific residences for a specific time frame during the course of the treatment. The communities in the residences which comprise the staff and others under recovery are a major tool in influencing the patients feelings, views and behaviors on drug addiction. Whatever the cause of the addiction, the counseling program should lead to a cure and give the individual the opportunity to reintegrate into the society (Coombs, p 465). The therapy generally begins with an examination of the patient by an impartial medical expert. The councelor(s) listens to the responses from the patient on a variety of questions. The drug addiction counseling program should take into consideration the past medical history, criminal history, employment data and previous behavioral treatments given to the patient. The medical history will explain the conditions that may have contributed to the addiction. People can easily get used to painkillers, sedatives or other over the counter drugs. Some people also develop a dependency on prescription drugs as sources of emotional relief rather than interacting with other people. Patient records are also likely to show multiple drug prescriptions by different medical consultants. Addiction to prescription drugs can be achieved through gradual weaning programs off the drugs and simultaneously addressing the emotional problems. Criminal background confirmation will indicate any drug related convictions such as street dealing, prostitution or theft assistance habits. Criminal substance abuse is commonly related to commercial sex, gambling and money launderings. The drug culture is associated with criminal activities in order to support and sustain the addiction (Christianet, Para 3).
  
Counseling helps to address the psychological addiction to substances after the detoxification as a solution to the physical addiction. The counseling program must help to unearth the painful truths, remove negative perceptions and restore the victims mental capacity. The counseling program should try to establish any pent up anger and emotions, vengeance or selfhatred as causes of substance abuse. In most cases patients are paired with counselors depending on their background and environment (Miller, p 16). The three most common forms of drug addiction counseling are individual counseling, group counseling and family counseling. Individual counseling provides the opportunity for the patient and the counselor to look at the core causes of addiction and develop solutions. This should be done at specified time intervals for example weekly so as to determine the progress of the program. Through cognitive behavioral therapy counselors try to establish trust and build up a connection with the patients to facilitate dialogue. After the rapport is established the therapists try to keep patients in conversation over issues of interest either in groups or individual sessions. Discussion over painful facts helps the patients deal with some of the causes to the substance dependency. The dialogue helps to confront issues that may be difficult to talk about under ordinary circumstances. Group counseling gives the addicts the opportunity to interact with peers and share experiences as well as provide support to one another (Christianet, Para 5).
   
Family counseling helps to rebuild confidence and restore the cohesion between family members that existed prior to the occurrence of the problem. This can b initiated during or after the rehabilitation process and should provide an opportunity for the members to air their views freely. Family counseling should be used by the counselor to advise the family members on how to accommodate the addict and help them adapt to a normal lifestyle.

Stalking

Excessive flattering stage
This is the first stage of encounter between the woman and the man. The man shows interest in the woman and offers a drink as in the case of Bryan and Katherine. The woman, even though not comfortable with the offer, consents just to be courteous. The man translates this as a good gesture and makes several other offers including persistent phone calls. Even though the woman is not interested in these offers, the man translates the womans niceness for receptivity.

The annoying stage
This is the stage that follows the excessive flattering stage. The man makes several proposals and even though the woman objects, he does not want to take no for an answer. For instance, the man may ask the woman several times to go out with him. As much as he receives the same negative feedbacks, he hopes that the woman will someday give in. this persistence on his part may be an act of manliness while on the womans part, it is nuisance.

The control stage 
The woman may opt to take action during the annoying stage. This action may be either to give in to the demands of the stalker or ignore him. The former option may leads to control stage where the man make demands that the woman is uncomfortable with but nevertheless consents. For instance, he may be so possessive to the extent that he feels jealous whenever the woman is hanging out with other friends. Because his strategy all along ha been to persist in his demands, he will continue doing so to the extent that the freedom of the woman will be in jeopardy.

The isolation stage 
The woman is thus left with two choices, either she quits the relationship and live her normal life or make sacrifices for the sake of their relationship. If she chooses the latter, then she enters into the isolation stage where she is distanced from her friends. This stage however never lasts since there is likely to be pressure from those close to the woman who realizes that she is not happy. As such, this stage invariably results in the final stage.

The break-up stage
This is the stage in which the woman cannot take it any more and decides to quit being good and stay firm in her convictions. She informs the man that she is quitting the relationship because the man is making too many demands that she is not comfortable with. It is during this stage that the woman proposes break up. This may either success or the cycle may repeat beginning from the second stage.

Legal definition of stalking
Stalking is defined as a course of conduct which results in credible threat or serious bodily harm. As such, it may be seen as any direct or indirect act that is likely to result in harm to another person.

b. Types of Stalking
There are two major types of stalking. These are stalking by someone known to the victim and stalking by a stranger. Stalking by someone known to the offender is the most common form of stalking since there is a high likelihood of a stalker being a rejected suitor. Stalking by a stranger is on the other hand reported to be rare (de Becker, 1997).

c. Causes of stalking
One of the main causes of stalking is the pursuit of romance. One may feel strongly attracted to another person to the extent that simply cannot accept no for an answer. As such, they seem to persist in their quest hoping that the woman or man will consent someday.
A broken relationship may also result in stalking as the other partner may not come to terms with the reality of rejection. As such, he or she main stalk without being aware of it hoping that his or her gone partner will ultimately relent.

Strategies That De Becker Provides For Dealing with Stalkers
According to Becker, the simplest strategy of dealing with stalkers is to say no. Even though he acknowledges that it is not as simple as it may sound, given the deep cultural roots of the nomaybe hybrid, Becker holds that cases of stalking will reduce considerably if the culture supported and allowed women to explicitly reject and say no (de Becker, 1997 ). Becker appear to argue that if victims could stand firm and say no, then the offender may as well desist from the behavior.

Becker also says that women should not offer any explanation as to why they have rejected an offer to go out with the particular individual. As such, it is inappropriate for a woman to base her rejection on conditions. This only provides the man a reason to challenge the rejection. Conditional rejections are not rejections but discussions according to Becker.

Another strategy that Becker provides for dealing with stalkers who make persistent phone calls and send constant messages is to ignore such moves. Becker holds that communicating with someone who had been earlier rejected contradicts the initial position. This is because the man can choose the kind of communication which communicates the feeling of the woman which is of course those that serve his interest (de Backer, 1997). The messages that are normally left are meant to stir response and any response is conceived of as progress.

Becker also advice that there is need for a female friend to record outgoing messages since the man may call just to hear the voice of his object. He warns that a man voice is likely to lead to more stalking since the curiosity of the pursuer may result in more investigation.

4. Handling of Stalking cases involving Johnny Carson and Jim Hicklin
The stalking case involving Johnny Carson and Jim Hicklin were both not handled correctly. Both the stalkers would have been ignored since ignoring them would not have resulted in any injury. In the case of Johnny Carson, the stalker got what he wanted and it may not be known how many instances he has employed a similar strategy to get what he wants. In the case of Hicklin, it would have been wise to ignore the stalker since engaging him was likely to lead to more direct harm as was witnessed. As such, there is no justification for the way the two cases were handled.

Intelligence Led Policing by Jerry Ratcliffe

In the book Intelligence Led Policing (Ratcliffe 2008), author Jerry Ratcliffe offers a summary of the newest technique in policing which is termed Intelligence Based Policing by Ratcliffe. This book argues that the best stance for law enforcement to take in regards to crime is a proactive stance rather than a reactive stance. This means focusing more upon using intelligence gathering and intervention techniques to prevent crime rather than on punishing criminals for crimes that have already been committed. Ratcliffe claims that this has been a common policing practice in the United Kingdom for several years already, which is one of the primary reasons that they have not been as vulnerable to the attacks of 911. It is also argued that the United States might not have been as enthusiastic about the move to Intelligence Based Policing had 911 not occurred.
   
Intelligence Led Policing seems to be an international phenomenon. (Ratcliffe 2008) With the rise of terrorism in the Middle East, and the fall of many Communist governments and dictatorships many countries have determined that this type of policing is better suited to an international climate where it is often critical to know about potential crimes before they have been committed in order to intervene and prevent potentially devastating results. Ratcliffe points out that countries as far afield as Australia have begun using these policing techniques in order to create a safer environment for their citizens as well as an increased level of national security.
   
Intelligence led policing seems to be a relatively new phenomenon in the Criminal Justice Field. The concept that one should prevent crime rather than intervening after it occurs has only become popular within the last 30 years or so. Ratcliffe compares  Intelligence Led Policing to journalism in some respects by  stating that in order to successfully use this Law Enforcement technique an officer of the law must know the Who, What, When, Why, Where, and How of the potential crime before they seek to intervene. It is argued that the primary goal of using this information is to prevent crime. Punishment of the offender is considered to be a secondary responsibility of Law Enforcement officials, and officers are encouraged to base decisions about crime and potential crimes on physical evidence rather than on subjective opinions.
   
Ratcliffe presents powerful crime statistics suggesting that punishing criminals alone is not successful. According to the data presented in the text, only 751000 crimes are ever solved, and this data does not even look at whether or not the alleged perpetrators of these crimes are ever punished for their crimes. Ratcliffe also argues that rather than targeting the 6 of the overall population that comprise the criminal element, one should instead focus on resolving the problems that cause them to become criminals such as domestic violence, child abuse, poverty, lack of education, job training and employment, and psychological problems that result in poor impulse control or difficulty discerning the different between right and wrong. (Ratcliffe 2008)
   
There seems to be a strict line between how traditional policing is defined, and how Intelligence Led Policing is defined. Traditional policing is defined as investigating, detecting, and punishing crimes that have already occurred. In comparison, Intelligence Led Policing is about crime prevention, meaning to stop criminal behavior before it occurs through education and intervention in the types of situations that give rise to criminal behavior. (Ratcliffe 2008)
   
Ratcliffe also points out that Intelligence Led Policing is useful only insofar as the intelligence that is gathered and the techniques they use to prevent crimes from occurring are effective. If the intelligence is not reaching the appropriate Law Enforcement personnel than those responsible for enforcing the law cannot prevent crime. If education and other crime prevention methods are ineffective, crime will not decrease.
  
It is also pointed out that one of the main difficulties in using Intelligence Led Policing successfully lies in the political maneuvering that (Ratcliffe 2008)
   
Overall this book was very useful in outlining and summarizing the overall usefulness of Intelligence Led Policing in comparison to Traditional Policing methods. The subject matter was clear, easy to understand and a gave many functional guidelines for the implementation of these techniques in a Law Enforcement Setting. Ratcliffe gave a more detailed overview of Intelligence Led Policing techniques than would be found in a more general Criminology Text. He also offered the reader real life scenarios of how Law Enforcement Agencies worldwide are implementing these techniques, not only, at the national and international levels such as the FBI and Interpol, but at the state and local levels as well.
   
Ratcliffe promotes Intelligence Led Policing as a positive method of controlling crime levels while still maintaining strong ties with the community and with other Law Enforcement Agencies. While there are some negative aspects to these methods, most specifically, their weakness when not used in conjunction with more traditional method of policing. The usefulness of this text in outlining some of the new methodology being used in the prevention, detection and punishment of criminal acts cannot be denied. Ratcliffes text is a suitable resource whether you are a member of Law Enforcement with several years of experience, or a young officer just starting out ones career in Policing.  It can be concluded, that Ratcliffes guide offers suitable guidelines in how to transform ones department from a traditional Law Enforcement Agency, to an agency better suited to policing in the Modern Era

Narcotics Classification and Prosecution for Related Offenses

The harmful effects of drugs have been well and widely documented over many centuries. It is a fact that drugs harm not only the direct consumers, but also the society in which the drug users live. Costs of drugs to non-users include secondary smoke which is harmful to their health, increased crime, and the costs incurred on hospitalization of many of drug users who develop medical conditions including cancers, liver diseases, Hepatitis and HIV, asthma, pharyngitis and rhinitis (Amar, 2006). Drug use is also associated with increased instances of criminal behaviour (Gfroerer, 2000). In appreciating the myriad adverse effects of drugs, policy-makers all over the world have banned some substances which are classified as drugs, and regulated the use of others. For instance, some countries ban cigarette smoking in all public spaces and set aside specific points where smokers visit to smoke. Unlike tobacco, some other drugs are outlawed and the possession, trade in or use of such substances makes one liable for arrest and prosecution. This paper focuses on the classification of narcotics and the prosecution for narcotics-related cases.

Classification of narcotics
Most countries, and the United Nations, list hundreds of substances as narcotics. Save for scientific and medical purposes, the production, manufacture, export, import, distribution of, trade in, use and possession of these drugs is highly regulated by respective enforcement agencies (European Legal Database on Drugs, 2008). Narcotics are classified as follows

Schedule I narcotics are comprises drugs whose users are known to develop serious dependence on these drugs and must therefore take them frequently and in increasing amounts for satisfaction. The addictive nature of these drugs intensifies the risk of abuse as users must seek regular and frequent doses. Further, these drugs have no known medicinal or therapeutic value.  Their use is restricted to research purposes only and even then, researchers must seek permission to use such substances from the Food and Drug Administration or from the relevant regulatory agencies. Drugs falling under schedule I include marijuana, mescaline, heroin, peyote, methadone and opium (Addiction Science European Legal Database on Drugs, 2008).
Schedule II envelops substances which are allowed for medical use. Though they also carry the risk of abuse liabilities, this risk is normally lower than that presented by Schedule I substances. Pharmacists stock Schedule II substances and physicians can prescribe them. However, pharmacists are required to keep special dispensation records and must observe specific storage requirements stipulated by the drug regulatory agencies. Schedule II substances include amphetamine, methamphetamine, coccaine, levorphanol, amobarbital, pentobarbital, phencycyclidine, dihydrocodeine (Addiction Science European Legal Database on Drugs, 2008).

Schedule III substances include substances in Schedule II plus others which are considered as posing a smaller risk of abuse liability. They have known and documented medical value and can thus be dispensed by pharmacists. Unlike Schedule II substances for which refills are not allowed, and for which one must present a written prescription, Schedule III substance users can refill their supplies and can order the substances over telephone. Schedule III substances include paregoric, chlorphentermine, anabolic steroids, preparations of codeine and propiram (Addiction Science European Legal Database on Drugs, 2008).
Schedule IV substances include those classified as Schedule III. The only difference is that Schedule IV substances are considered as harbouring an even lower risk of abuse liability. Schedule IV substances are permitted for medical use and can be obtained using written or telephone prescriptions. Substances in this schedule include chloral hydrate, chlordiazepoxide, diazepam, flunitrazepam, meprobamate, methohexital and phenobarbital (Addiction Science).

It is worth noting that drugs do not remain in the same classes for ever. Instead they can be rescheduled depending on new scientific information on their medical values or increasing dangers of such substances. If a substances that was previously banned is found have substantial medical use, it can be rescheduled to make it available to those who may need it. If, on the other hand, a substance which was considered less dangerous is found more dangerous, and poses a higher risk of physical or psychological dependence on users, it can be rescheduled so that its use is regulated more stringently, or it can be banned.

Conviction for drugs case
Successful conviction for a drug-related case requires that prosecuting agents provide strong and sufficient evidence. The conviction of suspects arrested in possession of illegal substances is the easier. It is more difficult to marshall sufficient enough evidence against indviduals who have no drugs on them at the time of arrest. Some of most notorious drug barons oversee the running of their drug empires and may only come into the drugs briefly. It is because of such reasons that law enforcement agencies must dig deeper for the evidence to convict such people.

Substance use is on the increase internationally and drug traffickers are coming up with newer, faster and more effective ways of conducting their trade while reducing their chances of arrest. It is thus necessary that enforcement agencies keep up with the drug kings. Careful and effective analysis of drugs ensures that the enforcement agencies, prosecutors and the judges know the exact drugs in question and the penalties such drugs attract. It would be a tragedy to set free a drug trafficker or user simply because the drugs presented as evidence were analysed poorly so that they warrant acquittal or a lenient penalty when they should attract long prison sentences or heavy fines.

There are instances where successful conviction leans heavily on the keen documentation and presentation of the chain of custody. A chain of custody gives details of how drugs seized from suspect are handled until they are presented as exhibit during trial. A complete chain of custody must comprise three elements account of all persons who handle the seized drugs from the minute of seizure to the time they are presented in court, testimony of the authenticity of the evidence, and guarantee that the evidence remains in the same condition from seizure to trial. The chain of custody strengthens the case against the offender, in favour of the prosecution (Legal Dictionary). On the other hand, it gives the offender the chance to challenge the evidence presented as evidence. If chain of custody is not documented well, the offender may take advantage to disown the seized drugs. Offenders also see their chance to challenge the prosecution if evidence is collected and analysed poorly.

That an increasingly large number of people are using drugs at all levels is not in question. While some of these substances are legal and beneficial (medically), others are not only illegal but also dangerous. The harmful effects of these substances necessitate the introduction and enforcement of measures to govern their use. Drugs are thus categorised into schedules depending on their harmful effects and benefits associated with their use. Laws are also put in place to prosecute and judge people convicted on drug-related charges. As shown above, law enforcement agents must present water tight evidence against such offenders to ensure successful and appropriate convictions.

Feminist critique of mainstream criminology

For many years there has been sharp criticism of the mainstream criminology system by feminists. This discussion looks at some of the areas in criminal justice where feminist critique of mainstream criminology has proven most successful and which areas have not felt much effect of the criticism (Yvonne, J. 2002).

There are five major areas that have been greatly criticized by feminists as far as the mainstream criminology system is concerned. To begin with the mainstream criminology system has been accused of focusing on male offenders while totally ignoring female offenders. Perhaps this was because majority of criminals were men. This not withstanding, feminist critic has argued that both low rate offenders and high rates offenders must be studies if the actual causes of crime are to be identified. Feminists argue that it is important that criminologists should also find out the reasons why females are less or more likely to commit crimes that their male counterparts. It is further argues that most of the theories regarding crime that have been advanced have used male samples as the basis yet have been cited as general kind of theories  (Britt, C. 2003).

In this regard therefore female offenders have been seen to be sidelined by the mainstream criminology system. A perfect example is the theory of delinquency that was developed by Travis Hirschi did not include female data in the sample that he initially complied. In all discussions that have been advanced as far as causes of crime are concerned men and male offenders in general have been at the center with their female counterparts been seen as invisible. After numerous criticism there has been a slight change and female offenders are now been included in the various data that re being taken (Anthony, T. 2008).

The second issue of contention as far as the mainstream criminology system is concerned is the understanding and interpretation of crime by the mainstream system. According to feminists although a few works have been complied regarding lawbreaking by females, it has been discussed from a males perception. Otto Pollak and his counterparts attempted to group women into two major categories which are the bad women and the good women. In this kind of categorization, there was no room for those at the middle which in actual fact form the majority of women. In this categorization stereotyping was greatly visible and thus the information therein is misleading. An example that has been constantly cited by feminists is the crime of prostitution which most women fall prey. It was argued that while this crime was discussed in great depths the pressures of economy that force the women to resort into prostitution are rarely highlighted.
It is not included in the discussion that prostitution involves two parties, the man and the woman (Walter, S. 2006).

In crimes of prostitution, it is only the women that are blamed while the men are exonerated from the crime. In the light of the foregoing one major failure of the mainstream criminal system is that female crimes have always been interpreted from the point of view of males. Despite the various criticisms that have been cited by feminists the interpretation of crime still revolves around the male perception. The main stream system has not as yet accommodated the interpretation of crimes from a general perception as opposed from a patriarchal kind of view. This therefore is not one of the areas that the feminist criticism has not had much effect (Yvonne, J. 2002).

The mainstream system has also seen as one that does not pay much attention to victims of crime. Instead the mainstream system put the victims on the spot as the ones to blame for what happens to them. A good example is that of the rape victims who instead of being given the justice they deserve they are blamed for having been raped. However as a result of consistent criticism by feminist groups, this is slowly changing and victims of crime are now being treated in a fair manner. However more needs to be done to ensure that victims of crime are accorded the justice they deserve.

The fourth criticism on the mainstream system is that during the processing of criminal justice sex differences have been ignored totally. Assumptions have been made in regard to the punishment given to both male and female offenders Many criminologists argue that women offenders are given lenient punishments without empirical data to back up the same assumption. Unfortunately this has been the case even after a series if criticisms by feminist movements (Peters, E. 2006).

The last criticism be feminist movements is in regard to the dynamics of power and gender. Although the mainstream criminal system initially presented itself as an objective system it has been as one that is biased against women with the main agenda being to perpetuate male power and oppress the voice of the women. Thus the system has been said to advocate for the subordination of women instead of ensuring that there is gender equality. This has however changed as a result of continued criticism. This is thus another area that feminist criticism has had an effect on the mainstream criminal system (Tierney, J. 2006).

The term hegemony refers to unequal association between the ruling class and the subordinate classes within a given social order which is based on power or even leadership achieved through the production of consent rather than through the use of oppression or force. The term hegemony was initially used in Lenin writings to mean political leadership within a class association, particularly the call for popular leadership in any coalition with the peasantry. In the writings of Antonio Gramsci, it has a more elaborate meaning (Gramsci, 1971). In his literature the term incorporated ethical and rational leadership which goes across the society. Antonio developed the idea as a way of analyzing how the industrial capitalist democracies of Western Europe and the US managed to escape the peoples uprisings prophesized for them by the classical socialism. Without rejecting the socialism idea of centrality and struggle of classes, his main focus was to show precisely that successful class rule involves conception, detailed alliances, concessions, compromises and new political dreams based on the ethics of the society and schemes which are not class dependent, but for the collective good of the whole community. In a nutshell, hegemonic class should be known widely and be accepted by everyone (Hall et al., 1978).

Attaining national popularity would mean that the major classes will be ruling hegemonically via influence or leadership instead of oppression or force. Achieving national popularity and maintaining it proves difficult since its stability is dependent on some conditions which are prone to change any time and they include political, economical, and constant challenges from the minor groups whose main aim is to persuade the people to another hegemonic project (Mouffe, 1979). Also, attainment of hegemony in a particular historical period or time is likely to lead to more intimidating and less hegemonic times. There is likely to be new laws, unpopular policies, and in extreme cases, there can be use of army to handle rebels, conflicts, and even civil wars (Cuneo, 2009).

Gramscian principle of hegemony has been applied in criminology by Stuart Hall and others to strengthen their challenge in the policy crisis in order to appreciate the government reaction to attack which occurred in 1970. It showed that the national popularity enjoyed by the ruling coalition in Britain in 1950s was faced with crisis as the conditions strengthening the after war social democratic conclusion proved difficult to maintain. The challenges emerged from various fronts which included youths, drugs, sexual background, race women, students, industrial relations, crime and the Northern Ireland. The hegemonic rule collapsed in 1970s which was indicated by election victory law, and order crusades, firmer policies of all types of disapproval and conflict, and finally the army intervention in the Northern Ireland (Hall, 1988).

The major drawback of Gramscis notion on hegemony was its attempt to surpass a class understanding of the imitation of capitalism without abandoning the principles significant foundation in economic class associations. This showed that for a class to become hegemonic it must extend its slim class benefits and form a wide based ethico-political scheme not forgetting that hegemony must also be economic. Critics of this theory cited out that there are only two important classes that can be hegemonic and finally, since only the working class had interest in finally stopping misuse they are the only group who could become truly successful (Hall and Jefferson, 1996).The reductionism in Gramscis theory can not be applied practically owing to the fact that a hegemonic scheme must dissociate from their varied class origins for them to be able to popularize themselves. There is also the significance of displacement and rearticulation to the ideological struggle one has to look around for what unifies the hegemonic scheme so that its class characters are all included. The unifying factor is provided by the hegemonic principle which is always found in class (Gramsci, 1971).

Hegemony is still regarded as one of the most useful of the socialist theories. As it was used by Stuart Hall it enabled series of perceptive and prophetic readings of the increase and the national popularity of Thatcherism and the new right in the UK (Gramsci, 1971). People believed that the rise to power of Thatcher to the post of prime minister in Britain and being the longest serving in history was luck she also managed to develop exceptional change of the face of modern Britain. Stuart considered Thatcherism as something more insightful, as a hegemonic scheme except that it was founded on a conflicting grouping of nostalgic ethics, brutal transformation, dictatorial leadership and populist way of thinking. Thatcherism scheme has been compared to the current common sense which can be termed as Blairism, but it can not be understood if there is no regressive modernization and authoritarian populism which is the feature of Thatcherism scheme.

Alternative Dispute Resolution

Man has always sort ways of dealing with conflicts and disputes among members of the society in a just and fair manner. Alternative dispute resolution is one among the conflict resolution methods which have gained much acceptance from the public in the recent years. The process involves any form of dispute resolution technique that does not follow the legal judicial process provisions of the law (Maclaury, 2005). It is however worth noting that due to the increasing acceptance of alternative dispute resolution by legal professions, some legal courts allow for its use before a case is tried. Such are viable measures in ensuring equitable justice in resolving disputes between parties. They also provide an efficient and highly cost effective way of resolving disputes. To be realized here is the fact that, of all the existing types of alternative dispute resolution methods, none is applicable to victims of capital crimes (Mareschal, 2002).

The author of this paper gives a discussion on alternative dispute resolution, its history and the different forms or methods it takes. The author also takes a look on the alternative dispute options as accepted in the modern society and how they have influenced the process of executing equitable justice between disputing parties.

History of Alternative Dispute Resolution (ADR)  
The history of alternative dispute resolution is as old as the history of man (Mackie, 2001). Disagreements have always existed among people in the society. However, the modern history of ADR in the American society is evidently marked with the 1960s political and civil conflicts (Banks, 2008). Such conflicts led to the implementation of human rights laws thus giving the people legal provisions for compensation on ill treatment. This was found to increase the number of legal suits in our courts of justice, a factor which led to the popular appreciation of meditation and arbitration as viable ways of resolving dispute. This did not only ensure justice but much reduced the case load in the court system.

Alternative dispute resolution techniques 
There are mainly four type of ADR. First is negotiation. This technique of conflict resolution involves only the type disputing parties voluntarily seeking a solution to their dispute (New York State Unified Court System, 2009). Mediation is another form of dispute resolution technique which mainly involves a third party who chairs the resolution process. It is however to be noted here that the mediator might suggest a solution to the dispute but does not have the legalmoral authority to impose it to the parties. This method is commonly used in resolving civil and ethnic conflicts within a nation or conflicts between nations.

The third method of alternative dispute resolution is the collaborative law. This technique is characterized by the fact that it involves attorneys representing the disputing parties (Mareschal, 2002). The legal professionals are tied by the contractual terms signed with their clients and thus are always acting in the interests of their respective party.

Arbitration is another commonly used technique of ADR. This form of resolution process is differentiated from negotiation in that it involves a third party. Another difference of arbitration from other forms of ADR is that the third party imposes a resolution to the problem. It is due to this reason that such a technique is usually used if the disputing parties had allowed for such in their contract (Maclaury, 2005). Due to the unfairness that could arise from such imposed resolutions, it is a common provision for parties to appeal in the courts of justice.
   
It should however be noted that there are other forms of ADR such as case evaluation, which involves evaluation of the positions of the parties by a third party. The evaluator then gives an assessment of the possible decision that could be made in the law courts. Such evaluations by a legal expert are made to influence the parties in resolving to settle the case outside the law courts. It is still to be noted that family conferences are another ADR technique as it strengthens the mutual relationships between family members thus reducing incidences of ill-treatment among them (Banks, 2008). Courts or individual parties can select a neutral party who contacts a fact searching investigation on the dispute. This technique is mainly applied in resolving intellectual property disputes. Lastly, ADR can take a form in which an organization selects a third party who oversees the resolution of its disputes with complaints.

Changes and options provided in ADR  
Traditional ADR techniques involved the constant physical involvement of the parties in resolution process. It has however been evident that most modern ADR techniques like meditation and arbitration allow for the founding of a resolution by the third party in the absence of the disputing parties (Banks, 2008).
   
Another change in ADR is seen in arbitration. Traditional arbitrations involved a member of the governing authority as the third party who imposes the resolution to the dispute (Center for Democracy and Governance, 1998). However, this has changed in that modern arbitration process has a neutral commercial vendor as the third party. This party should not have strong social or political influence in the process. This avoids imposition of unfair resolutions to the disputing parties. Another change of ADR techniques in the modern society is the legal provisions for appeal by the parties in the event of failure to resolve the dispute outside courtrooms.
   
It is however to be noted that, following the legal provisions for ADR, rules and regulations have been developed thus making the process more reliable. It is due to this reason that such dispute resolution techniques are gaining much acceptance in the public domain. Courts have evidently employed such techniques as neutral fact finding in seeking to identify the underlying facts behind the dispute. Such testimonies have a great impact in ensuring fair and just judgments in our courts.
   
ADR has a number of options. The first is the fact that the two parties involve in the resolution process on voluntary basis (Maclaury, 2005). Even arbitration requires for a legal binding provision on the contract signing to be executed. Another option is that the parties are free to agree or disagree on the disputed matter and can seek judicial justices as an appeal. It is however to be noted that ADR resolution once agreed upon by the two parties are legally binding and violation by any party is subject to the law.
   
ADR has been one way of settling disputes between parties in a contract agreement. This is also applied in disputes involving neglect of a legal responsibility by one party over another. It is however to be realized that such dispute resolution techniques have gained much acceptance in the community due to the increasing respect for human rights space in the modern society. This has also been attributed to the fact that ADR has been legally recognized by our judicial systems.

Rape Background Information

Rape is a form of sexual assault that occurs when, one party performs sexual acts with another without the consent of the second party (Womens Coalition of St. Croix, 2009). If consent is there for the sex act to take place, the consent is forced, coerced or the second party is below the age of consenting or incapable of giving sound consent due to mental impairments. In most cases, the offender is usually male while the victim is normally female. However, some cases of women raping men, men raping other men or even lesbian rape are sporadic. Rape is an illegal act that is physically and psychologically harmful to the victim. Where there is no sexual contact between the two parties, the crime is usually lessened to sexual assault (Womens Coalition of St. Croix, 2009). A large percent of rape cases can be classified as acquaintance rape where the rapist and the victim know each other and as such, the victim is confident enough to drop guard by trusting the assailant, which gives him the ease to strike. Men use rape as a means of social control, revenge, while others feel it is their right to have sex and it is a way of fulfilling their manly expectation. Some rape crimes are committed by ordinary men who seem harmless and this is especially the case in date rapes (Womens Coalition of St. Croix, 2009). Many women associate rape with criminals or men who lurk in the dark waiting for their victims to pounce on.

Acquaintance Rape
A research carried recently from a group of women indicated that 25 percent of the women had been victims of rape or attempted rape. 84 percent of those raped were raped by people they were close to and most of these rapes happened while on dates (National Center for Victims of Crimes, 2008). The research also indicated that six percent of college male students have been involved in rape offences against fellow student, some of them saying that the incident involved more than one assailant. The above data constitutes what can be referred to as acquaintance rape. This is any sexual activity that is not consented, between two parties or even, more, who know each other. It can happen between lovers, friends, spouses or people who have just known each other.
 
Myths on Acquaintance Rape
There are some myths about acquaintance rape that need to be debunked. One myths says that the victim, by the virtue of being in the attackers company deserves the treatment but the reality is that, being in the attackers company or house does not add up to consent. The other myth is that if a woman allows the man to buy her a drink or dinner, she owes him a sexual favor, but in real sense, sex cannot be used to pay back for monetary or material favors given by the man (Meyer, 2000). Other people say that intercourse is inevitable after acts like kissing and touching but the persons right to refuse to consent must be honored, the activity preceding, notwithstanding. People ought to restrain what they claim to be inevitable. There is another myth that has led to the rising cases of date rape. This is the notion that when women say no, they mean yes, which is a backward stereotype that should not be entertained. Finally most people say that woman modes of dressing may provoke a man to commit a rape crime, but once again, people should know how to restrain themselves. Rape is a crime that cannot be justified and it amounts to violation of one of the most precious rights of the victim (Cullen  Bonnie, 2000)
 
Effects of Acquaintance Rape
The image of a rapist has been a nightmare to many women and this haunts their day to day lives. The events following a rape incident are very horrendous to contemplate (National Center for Victims of Crimes, 2008). Initially the victims are too terrified to face their own feelings about the incident and as such get the help they deserve. Then the events haunt them for day, years and others for the rest of their lives. Some do not have the courage to convey their feelings to a third party. It is a form of self denial it is as if they are denying the act happened. The case is even worse when the victim knows the attacker. This is because sometimes the victim may still have feelings of affection to the attacker especially when the attacker was a close acquaintance or a lover. They may feel that the punitive measures meted upon the attacker may be too grave thus leaving her with the situations to grapple with (National Center for Victims of Crimes. 2008). This is why some of the date rape cases go unpunished because they usually go unreported due to the affection weakness of the victim. Some victims have been continuously been raped by the same attacker but they hardly report the cases and in most cases, the failure to report may not be caused by threats from the attacker, it is because of the fallacy from the victim of thinking that reporting the attacker may severe interpersonal or social relationships. This is one of the factors that have led to rise in the number of rapists. This is because most rapists have done it a number of times without getting punished. Some of the victims err by looking for ways of blaming themselves, sometimes questioning their manner of dressing, or their decision to go out for a date, without realizing that they are helping the assailant by using myths to defend the act. Some victim fear that they will be blamed which makes them very apprehensive. Others fear the recurrent of the trauma during the trial process forgetting that the trauma is something that may last for along time. Others even fear to seek medical help because they are afraid of more violations that are likely to take place during the process of examination. Survivors of acquaintance rape often display tendencies of depression, mental instability, untold anxieties and relationship tumults in the future. Others may form a negative attitude towards the people of the gender of the attacker and even shy away from associating with them at any level. Others become socially withdrawn while some cut off communication links with most of the people and become lone figures. There are those who decide to become promiscuous as a way of letting out their frustration while s a few will become very aggressive and intolerant. An emotional impairment that can result is the Post Traumatic Stress Disorder whose symptoms include high levels of fear, mistrust and doubts (National Center for Victims of Crimes, 2008). This leads to a condition called hyper-vigilance in the presence of the people of the gender of the attacker. For women, they see all men as beings with the potential to rape and they tend to display high levels of wariness in their presence.  

Prevention
There should be programs of educating and raising awareness on the issue of acquaintance rape. This should target men who are the main perpetrators, so that they can be educated on responsible behaviors especially when relating with women. Women should also raise their awareness and get knowledge on how to identify acquaintances who can be possible attackers. Some of these signs include emotionally intimidating and demeaning comments. Domineering friends who impose a sense of superiority or have coercive tendencies are potential candidates for this form of crime (National Center for Victims of Crimes, 2008). Women should also be equipped with defensive mechanisms that may help them to thwart incidences of rape. This may include physical combativeness or verbal aggressiveness that may help the victim to scare way the assailant. Reporting of the cases of these forms of rape is very vital in preventing future occurrences because if action is taken, the probability of a recurrence of the incidence is very low. Any one who involves himself in this heinous crime is an enemy and there is no plausible reason as to why this criminal should be let to walk Scot free. Letting them loose will encourage repeated incidents of acquaintance rape in the future.

Criminology

Criminology can be defined as the scientific study of criminal behavior. This entails the nature of the criminal behavior, its extent, causes, and control measures that can be put in place to control it. Criminal behavior can be found in individuals and the society at large. Criminology combines a multiple of disciplines especially in behavioral sciences in its approach to the study of criminal activities. Sociology, Psychology, and Law are the main fields from which criminology is based. Focus in criminology is placed on incidences, forms, causes, and the consequences of criminal activities. Crime is an undesirable thing in all societies. Sociologists regard crime as a social disease. Many theories have come up to explain criminal behavior among human beings.

The theoretical framework in criminology ranges from the classical and rational theories, sociological theories, psychological theories, and the biological theories. Of great interest are the biological theories which assert that criminal behavior emanates from biological processes in the body of the individual. Proponents of these theories hold that criminals differ from non-criminals in biological and physiological make up. When individuals with particular traits interact with the environment, they are likely to be criminals as opposed to the others without such traits. This argument leads to the question as to whether some criminals are born criminal or not. This paper is going to look at the extent to which the biological concept to criminal behavior can be supported by empirical evidence.

Crime as a biological concept
Criminals have always been looked at as unsociable beings and have been subjected to public lynching long before the advent of the new justice system which includes prisons. It was thought that evil spirits were pushing them to commit crime and that the only way to free the society of these evil spirits was by killing the criminals. Crime was also thought to be a sickness or illness that individual criminals suffered from resulting from biological disorder (Eaglehunter, 2008).

Biological theories of crime are associated with the Italian criminologist known as Cesare Lombroso who in 1890s claimed that persistent criminality was associated with atavism, which was a reversion to an archaic stage of human development. He studied the features of the skulls and the facial appearances of the criminals before making his conclusions. Scholars of the mid 20th century led by William Sheldon came up with types of individuals associating them with criminal behavior. He referred to the athletic individuals as mesomorphs and said that they are more likely to commit crime in comparison to the other types. The other types of individuals were the tall and thin ectomorphs, and the soft and rounded endomorphs (Encyclopedia Britannica, 2009).

Although no much attention has been given to these earlier biological theories, research into this area has come up with intriguing findings. Recent research by Harvard professors has it that, no individual is born a criminal but many are born with specific traits that incline them to criminal activities. They argue that offenders have a difference in physique, intelligence, and personality when compared to non-offenders (Leo, Castronovo, 1985). These scholars insinuated that crime was hereditary and therefore capable of running through families. To these scholars, criminals exhibit similar characteristics which includes low IQ scores and that they appear to be more muscular. They said that children born of criminal parents had a higher chance of turning into criminals in comparison to those born from non-criminal parents.

During the 1960s, research by biologists revealed several genetic abnormalities in the human cells. For instance, female and male chromosomes in normal instances are known to be XX and XY respectively. Males are traditionally aggressive and violent, and therefore any abnormality in their genetic formation as in the XYY will mean being as twice as aggressive and violent. Men with the XYY-chromosomes had a higher number in correctional facilities like the prison and mental hospitals, and this suggests how genetics could influence crime. Proponents of the criminal gene, base on the studies carried out on identical twins which showed that such twins had a higher rate of criminal concordance when compared to non-identical twins (Eaglehunter, 2008).

Other studies at the University of Virginia concluded that children might be born criminals. The human genetics experts believed that any defects in the human character including criminal behavior are to be found in the DNA make up of the individual (Masters, 2007). Scientists claim that genetic make-up is solely responsible for the behavioral characteristic human beings posses.

Impacts of the born-criminal attitude
The general conception that criminals are born and not made has led to prejudices and general assumptions that criminals are inherently defective in intellect and morals of the society. To solve such issues of criminality, criminals were to spend the rest of their lives behind bars and subjected to sterilization to prevent them from siring children who will be future criminals in the society. An individual could be confined in an institution for alleged hereditary defectives which was thought to be incurable. The individual might have committed no crime, but basing on the biological and physical characteristics, he was sent to an institution possibly, for life. This was based on what was known as eugenic criminology. The misuse of eugenics had disastrous results as seen in the case of Adolf Hitler who in his efforts to improve the gene pool of the Nazis, resorted to the massacre of the Jews (Rafter, 1998). 

Scientists therefore have been promoting their idea of genetic influence on human behavior at the expense of the Romantic notion of the 18th century projected by a French philosopher by the name Jean Jacques Rousseau. Rousseau was of the view that there was no fundamental perversity in the human heart but that, all bad behavior was the outcome of the society itself. A child inheriting traits of personality from the parents is an irrefutable fact however, the child also learns most of the behavioral traits from the environment in which she is raised. Criminal activities are better defined as deviant behavior. Deviance is socially created and therefore can be corrected by addressing the causative agents which are found in the society.

Crime as a social concept
Emile Durkheim is considered as the father of sociology, and in his analysis of the criminal activities, he concluded that social structures have a great influence on human behavior. He believed that crime was a natural behavior and its composition was laid in the many forces that were to be found in the society. His ideas were embraced by the Chicago School of Sociology in the 20th century which focused on the society as the embryonic force of criminal behavior (Gado, 2009). The Chicago School of thought was inspired by the increase in criminal activities in the United States resulting from the effects of the great depression which had changed the political, financial, and social landscape in America. Criminals who were notorious were regarded as heroes in the society as banks, corporations and the state were looked at as the enemies of the people. Criminal activities were often seen as behaviors resulting from the unjustified societal forces (Gado, 2009).

Children are not born criminals and that any criminal behavior they may posses is an expression of failure by the family and the society at large to offer the required social and emotional care to the children. Most of those involved in violent crimes are from troubled home environments in which they are raised. Enough evidence has been put forward to support the assertion that early childhood experiences plays a great role in shaping the character of a majority of people. Those who have been systematically subjected to abuse and denial of loving care have been found to develop neuro-chemical vulnerabilities. This gives the vulnerable children a good ground to be violent because they have experienced such. These children are emotionally subdued and they dont do anything unless it the excitement of pursuing their prey to release the accumulated tension of being victimized (Batmanghelidj, 2008).

Refuting the biological concept
Simple terms of DNA can not be used to infer human behavior. The predispositions might be there but how the individual will shape them is what matters most. Environment has to be incorporated to understand human behavior comprehensively. The case of Jeffrey Dahmer in Milwaukee who was a serial killer can be used as a good example of how biology can be deficient in explaining crime. Jeffrey was brought up by a self-obsessed mother and a largely absentee father. He lacked the parental love and care, leading him to loose humanity. His brother David did not however turn to be a criminal despite sharing in the DNA composition as his brother (Masters, 2007). There are many more examples in which, when put to test, the biological concept has failed to hold.
   
As much as there can be biological aspects to crime, environment plays a major role in shaping an individuals characters including behavior. Crime is a very complex issue in the society and therefore cannot be handled with a single mind. It is evident that abnormal chromosomes do exist but this cannot solely account for the criminal behavior that we see in our society. Malformations found in the chromosomes are not closely related to criminality and therefore explanations are needed. A development in the intelligent tests has helped mankind to realize that crime cannot be attributed to the biological traits as it was believed by the eugenic criminologists. This led to the weakening of the notion that crime is an innate behavior that an individual was born with, and that he had no control over it. If criminal activity were to a result from biological mal-adaptations, then the criminals will have the right to challenge any sentence meted at them for committing a particular crime. Criminal behavior is best explained by nurture as opposed to nature. Its therefore unjust to label an individual as a criminal basing on his biological traits alone.

Parole and Probation in the United States

The criminal justice system in the U.S. is composed of mainly three arms that is, the police, courts and the prisons or corrections. For the purpose of this paper I will discuss the difference between parole, probation and pardon as ways of punishment under criminal law in United States, which are applied to various offenders.  The judge orders sentence to a criminal offender accordingly as per the nature of crime. When the crime committed is not very serious, the judge orders the convict to serve in the community for a specified period of time until he or she is convinced that the prisoner is reformed (Begnaud). This is probation. The convicted offender under probation is always under the observation of a probation officer who reports to the judge about the progress of the convicted person. Parole, on the other hand is release of a criminal after serving part or whole of the jail term (Joan 3). The release is conditional and the convicted individual is allowed to interact with community members for a specific parole period. The criminal is under supervision until the recommended period is complete. In many states Parole is granted only under the permission of commission or board of parole. The convicted person must observe the conditions of parole failure to this result to revocation of the offer and the person is re-imprisoned (Joan 3).

In addition, the judge may decide to pardon fully the convicted person of all his or her criminal offences. The convicted person is forgiven fully of the crimes committed and set free (Weihopen 51). Pardon is only given by the governor of state where the person has been imprisoned or in the state where his case occurs. The only other person who can give pardon to a prisoner is the president of United States (United states Department of Justice). Constitution in many countries gives the president the power to pardon prisoners under what is referred to as presidents prerogatives of mercy. It happens to those who have served jail term for a long period of time and the president is convinced of their reformed behavior. This was just an overview about the three elements of criminal law and the following paragraphs discuss each intensively.

Probation 
Probation as described above is one of the ways through which a person who has committed simple crime can be punished so that he or she cannot repeat such mistake at a later time (Weihopen 54). The court in its capacity through judges may decide to place a person who is convicted of doing crime under probation for a given period. The defendant is put under probation instead of been sent to serve jail term.  Probation officers in United States are found at various the city, state, county or federal level in a place with court or jurisdiction. One difference between probation and parole is that a criminal who has been released on parole must have served jail term even if it is for a period of one day. During probation period the convicted person is deemed to be out of trouble because he or she does not face harsh treatment in prison. The offenders under probation are observed by probation officers and other correctional specialists who monitor the behavior of such person (Dean 41). The observation or monitoring of the offender is to prevent them from doing crimes while under probation.

The convicted party is allowed to meet members of the community through serving light tasks that are given by probation officers. The officers live in the community to supervise the work been done by the offender.  The officers must report the progress of the individuals to their seniors so as to recommend on their release (Dean 46).  In probation there are officers who are concerned with monitoring of convicted person behavior during probation period. These officers are known as case managers and offer counseling services to the offenders in addition, they help to rehabilitate the offenders through creation of rehabilitation plans that are followed by offenders when out of prison. The difference between probation officers and parole officers is that, where as probation officers supervise offenders who are under probation sentence, parole officers supervise offenders who are from prison.

To work efficiently, probation officers work in conjunction with the families and close friends of the convicted persons. This will help to give details and information about the progress and success of the offenders. The officers work by meeting the offenders at their homes, work place or rehabilitation centers instead of the offenders meeting the officers in their offices. Working in conjunction with community organizations such as religious groups, local residents and social groups will provide enough information that will help in monitoring of offenders behavior (Joan 13). In United States some offenders under probation are allowed to wear electronic gadgets that will make monitoring easy. Their location and movement is monitored very well by probation officers. Some probation officers encourage offenders to enroll in any institution that will help to train in particular areas such as carpentry, masonry, tailoring or any other technical field. Those who had been convicted of    substance abuse are encouraged to attend substance rehabilitation centers. This will help them to stop drug abuse and be reformed. Probation officers work closely with adults and juveniles as a way of promoting common understanding about the effects of crime in the society.  In some localities and states, there are special departments headed by surveillance officers who have full authority to arrest and are sometimes armed to protect them from harm.

The officers work as representatives of courts in rural areas through investigation of the convicted background. They write reports about the observations made and recommend sentence where it is applicable (Begnaud). The best thing about probation sentence is that the probation officer negotiates with family members of the accused to review the sentence. The officers are required to testify in court about their findings and recommendations. Probation officers give updates to the judge about the offenders compliance with probation sentence. This will help the court to make recommendations about the offenders progress.

Probation officer can handle a number of probation cases and the capacity of the officer to handle such cases depends on the needs of the offender and the risk associated with probation sentence (Dean 56). For instance, offenders who  have committed higher risk offences makes the probation officer to spent a lot of time in handling their situations. In addition, those who need more time for counseling consume a lot of case managers time. In United States a probation officer can handle between twenty to more than one hundred cases at a time as a requirement of jurisdiction.

Information technology has made the work of probation officers to be easy and they can handle higher number of cases by working from home. Use of computers, fax machines and telephones has made it easy for probation officers to handle probation monitoring from home at any time. Technology advancement such as use of drug screening machines has helped probation officers to assist offenders who have been convicted of substance abuse. The use of electronic devices by offenders has also made it easy for probation officers to monitor the movements and location of offenders. Since probation officers deal with criminals who are under probation they are allowed to carry firearm or any other weapon that is used for protection. They are allowed to meet court deadlines and this means a lot of travelling and thorough supervision. It is a very demanding job and time consuming that needs a lot of commitments.

Parole
Parole is another criminology term which is almost related to probation but it is different from b probation in some aspects. Legally, parole is the early release of a prisoner after serving jail term for a specified period of time (Joan 18). The released prisoner is under continued monitoring by parole officer to ensure that he or she complies with certain parole terms. The release is supervisory and it is more of rehabilitation than retribution because the offender has already served his or her jail term.  Parole should not be confused fro probation because in parole the offender is given the chance of serving the reminder of sentence out of prison.
    
In criminal terms parole means supervised release of a prisoner before completion of jail term. The offenders under parole are considered to be serving their sentence.  This is one area that makes it different from probation. The offenders under parole are made to follow parole conditions otherwise they risk been returned to court. A specific form of parole is medical parole or compassionate release which is made on humanitarian grounds. The release of offenders under parole is made as a way of compassion from the judge while under probation the convicted person is under observation (Dean 18). There are conditions to be met for a parole to be given. The offender must show that he or she is in a position of obeying the law, is willing to work, can maintain the required rules for parole and he or she is in a position of refraining from drugs. Parole aims at making the offender get reformed by serving the community for the remaining time of sentence. It is a good form of punishment because the offender is made to feel guilt for the crimes he or she committed in the society.
  
In United States some states practice mandatory supervision other than parole. Mandatory supervision means that an inmate is released before completion of sentence due to legal system that does not allow criminals to be freed. For instance in Texas a prisoner who has been jailed for ten years and during the first five years he or she shows signs of reforms is set free under mandatory supervision (Joan 20). This is in a way a form of parole because the offenders have not finished his or her sentence but he or she is set free. Parole board has the authority of determining whether an offender is going to be paroled or not. The board interviews a prisoner who is deemed to be paroled if the board is convinced about the good conduct of the offender he or she is put under parole. Some crimes cannot qualify for parole such as murder, espionage or death penalty sentence. The offender under parole is required to meet with parole officer unlike in probation where the probation officer meets with the offender under probation. The officers monitor the progress of the paroled convict behavior such as being at home during specific set time, refraining from drug use and maintaining his or position in employment.
  
The convicted person who is under parole is supposed to observe some requirements as set by the court and the parole officer must ensure that the offender abides by these guidelines. When the offender fails to abide by these rules an arrest warrant is issued and immediately the warrant has been issued parole period is stopped (Dean 57). The parole board may decide to terminate the parole period before the end of the specified period by the court when they see that parole restrictions are no longer needed by the society. These are some elements that differentiate parole from probation and pardon.

Pardon
This is pure forgiveness of crime and any penalty that is associated with the crime. The only person who is allowed to pardon a crime is the president or high profile church leaders (Weihopen 67). This factor differentiates pardon from parole and probation. Many countries are practicing pardon and those who are forgiven are offenders who have been falsely convicted. In United States the constitution gives the president power to pardon offenders who have committed federal crimes. The president is empowered to pardon crimes against United States but not cases of impeachment. He is empowered to grant conditional pardons, remissions of fines, communication of sentence and amnesties. The president in his capacity can grant or deny granting petition. Office of pardon Attorney must recommend for any case of pardon and the n the president is entitled to accept the pardon or deny.

Pardon has been a controversial issue and many critics say that pardon has been as a way of political gain rather than administration of justice. For an offender to be pardon he or she must serve at least five years (Weihopen 68). This is the requirement of Justice Department but the constitution empowers the president to pardon an offender at any time. However, the offender is only pardoned when he or she shows good signs of a reformed person or he is in a position to lead a changed life in the society. He president is convinced by the office of pardon Attorney that a specific prisoner is in apposition of being pardoned. Although the president may refuse to give pardon there is nobody who should question about his action and the courts must comply with presidents actions. The offender must be guilt of some mistakes so as to be pardoned.

The president can only pardon an offender for only offences that are recognized by federal law. The president can however, out of his mercy forgive some offenders who have served long term jail term and the offender shows sign of reformation. Governor who is in charge of fifty states can also pardon offenses that are of criminal nature. Pardon is different form parole and probation because the power to pardon is only vested to one individual b y the constitution while in the other circumstances the court is overall (Joan 21).

The court in pardon only does what the president commands and cannot oblige. Pardoning has received a lot of objections because it is believed that justice does not prevail in any criminal offence. This is because a criminal is set free to interact with society members and the chance of such a person committing crimes is very high. However, it is a good way of reducing the stigma of the convicted especially when it was false accusation.

The pardoned offender must disclose that he or she has been pardon from prison so that if it was a matter of false imprisonment the plaintiff is given the chance to find for justice by finding the real offender. Those who have been pardoned have the right of enforcing procedures that will enable them to restore their civil rights in the society (Weihopen 69).  The legal systems in many countries that practice pardon has been in the forefront to make sure that justice is found for those who  have been convicted and those who feel they have been wronged because if it does not do so some individuals suffer innocently. To pardon needs a lot of consultation between the concerned parties because sometimes this is considered as abuse of power since most legal systems argue that there is nobody who is above the law.

This paper examines the differences between parole, probation and pardon in United States and it has clearly outlined the major differences through elaboration of how each works the parties concerned and how it should be done. The legal systems in United States are concerned with execution of such principles and their rulings must be respected. The most practiced is probation and parole although in few cases is pardon recommended.