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Academic Research Activities
The Performance of Police Order Maintenance Functions by Private Security Officers
The fundamental precept of order maintenance policing involves police officers regulating individual conduct that members of society have deemed to be inappropriate in public areas. The inherent difficulty faced by police officers in employing discretionary decision-making authority is to refrain from violating a citizen's due process rights when enforcing social control policies. For this reason, police officers are provided with rigorous and standardized academy training regarding the constraints upon discretionary enforcement authority. However, by the late twentieth century within the United States private security officers increasingly assumed responsibilities for performing order maintenance policing functions which were previously the exclusive domain of government employed police officers. Accordingly, this study is designed to examine whether private security officers have the knowledge needed to perform police order maintenance functions within contemporary American society: reviewing the current pluralistic nature of policing in American society; examining the concept of order maintenance policing functions; scrutinizing the order maintenance policing functions as performed by public police officers and private security officers; and considering the legitimate exercise of police enforcement authority by private security officers.
Analysis of the US Strategy for Combating Terrorism
Before the September 11, 2001, terrorist attack on the United States, the prevailing perception of the American population was that acts of terrorism were something that occurred in other parts of the world. Amid the immediate groundswell of concern that followed, new antiterrorism laws were passed, investigative commissions were established, and an unparalleled level of government monetary and human resources were committed, all in the name of fighting a new war against terrorism. However, now more than fifteen years after terrorists toppled the twin towers of the World Trade Center and inflicted significant damage to the Pentagon, there is no basis to expect that American foreign policies and supporting counterterrorism strategies will preclude other significant acts of terrorism against the United States in the foreseeable future. When this consideration is combined with the fact that violent terrorist acts have been a worldwide concern for centuries, terrorism can best be viewed as a challenge to be managed, rather than one that can be defeated. Accordingly, this research effort is designed to review the counterterrorism strategy of the United States since the late twentieth century and to provide recommendations for improvement in managing the American fight against terrorism by: evaluating the development of counterterrorism strategies as a component of foreign policy; examining the information gathering and analysis processes by the intelligence community; assessing the applicability of terrorism as a crime punishable through the criminal justice system; exploring the manner that presidential administrations since the late twentieth century have addressed the threat of terrorism; and analyzing how the government response to past terrorist acts influences current decision-making processes.
The Performance of FEMA as a Standalone Agency and Within DHS
In the wake of the September 11, 2001, terrorist attacks the Department of Homeland Security was established as a single cabinet-level organization combining 22 existing federal agencies with responsibilities for protecting the United States homeland. Conceptually, combining individual agencies into a single department was intended to result in improved accountability, information-sharing, and a unified command structure. However, considering that many of the 22 existing agencies had dissimilar missions, establishment of the Department of Homeland Security (DHS) failed to adequately address various issues that were critical for the successful response to crisis events. In particular, since the Federal Emergency Management Agency (FEMA) was established in 1979 through an executive order by President Jimmy Carter, the agency had been tasked with coordinating the federal government response to both natural and manmade disasters within the United States. This disaster response mission of FEMA was now seemingly at odds with the primary DHS emphasis on protecting the United States from terrorist attacks. More specifically, by burying the Federal Emergency Management Agency (FEMA) within layers of a larger bureaucracy, FEMA’s primary mission of disaster response was altered to the degree that the agency ostensibly became another cog in the DHS wheel focused on defending the American homeland from terrorist attack. Accordingly, this research study examines FEMA before and after incorporation into DHS with a focus on organizational leadership and disaster response efforts within the United States to address the following question: Has incorporation of the Federal Emergency Management Agency (FEMA) into the Department of Homeland Security (DHS) adversely impacted the federal government response effort for natural disasters within the United States to the degree that FEMA should be removed from the purview of DHS and reestablished as a standalone agency?
Mission Statement for the Department of Homeland Security
In the wake of the September 11, 2001, terrorist attacks the United States Department of Homeland Security (DHS) was established as a single cabinet-level organization focused on ensuring that the United States is protected from terrorist events. Conceptually, combining 22 existing federal agencies with responsibilities for protecting the United States into a single department was intended to result in improved accountability, information-sharing, and a unified command structure. However, in practical application, the prevailing focus on terrorism failed to adequately address various other hazards and issues that were critical for the successful response to crisis events by the diverse agencies within the Department of Homeland Security. Given this consideration, the Department of Homeland Security (2019) website identifies that the mission of approximately 240,000 employees is “to secure the nation from the many threats we face.” The question then becomes one of whether this superficial statement adequately expresses the unique internal capabilities and external opportunities that should be recognized when describing a mission purpose for use across numerous separate agencies. Accordingly, the goal of this essay is to delineate a mission statement that considers the diverse makeup of each agency within the Department of Homeland Security.
Defining Homeland Security
In the shadow of the September 11, 2001, terrorist attacks the United States Department of Homeland Security was established as a single cabinet-level organization combining 22 existing federal agencies with responsibilities for protecting the United States into a single department with the intent of improving accountability, information-sharing, and providing for a unified command structure. Ostensibly, considering that the impetus for establishing the Department of Homeland Security was a direct result of an act of terrorism, the concept of homeland security became synonymous with protecting the United States from terrorist events. However, defining homeland security with a sole focus on terrorism fails to adequately address various other hazards and issues that are critical for the successful response to crisis events by the diverse agencies that comprise the Department of Homeland Security. While there are commonalities associated with the meaning of homeland security embodied in various government and scholarly documents, more than sixteen years after the Department of Homeland Security was established, there is no commonly accepted definition of the term.
The Application of Discretionary Authority for Police Order Maintenance Functions
The reform era of policing during the early and mid-twentieth century was characterized by a crime-fighting approach to law enforcement and an increased focus on professionalism through enhanced officer education and training. Only within the past three decades have the police in the United States begun to place increasing emphasis upon order maintenance policing function to maintaining public order amid the complexities of modern American society. In performing order maintenance functions, the police have a high degree of interaction with the public encounter a wide array of activities which do not conform to the exact letter of the law. Accordingly, order maintenance policing situations often require that an officer to use their professional judgment to determine the appropriate manner of resolving a given situation in a way that conforms to the expectations of society rather than the letter of the law. For this reason, it is imperative that police officers be provided with the training necessary to ensure that they possess the requisite knowledge of criminal procedures to effectively apply discretionary enforcement authority during the performance of their routine duties. Yet despite the successful manner that a given incident may be resolved, some critics contend that the ambiguous nature of order maintenance policing provides officers with too much discretionary authority in determining how to intervene and best resolve a given situation. This contention is supported by research studies which identify that order maintenance policing enforcement efforts often result in the police exceeding their authority by restricting public activities which are not clear violations of the law.
Routine Activity Theory Considerations for Teenage Cyberbullying Behavior
The fundamental precept of the routine activity theory is focused on providing information regarding who is more or less likely to be the victim of a crime. The simplicity of the theory has proven to be an extremely useful tool in providing an enhanced understanding of general criminal victimization and offending patterns, to include traditional physical bullying activities by teenagers. However, the advent of the internet and cellular phone technologies has allowed the traditional form of physical bullying to extend into cyberspace in the form of cyberbullying. This consideration has resulted in some criminological theorists questioning whether the routine activity theory is transportable from the terrestrial world in the cyberspace. Accordingly, this research paper explores the primary elements of the routine activity theory to provide a basic determination of whether the theory can be readily applied to cyberbullying activities.
Gang Identification Training for Rural Law Enforcement Agencies
The state of South Carolina generally reflects the same cultural and social trends as those found in other areas of the United States. However, in some respects South Carolina appears to be changing faster than some other states: the violent crime rate is higher than the nation as a whole; median income is below most of the country; recipients of government assistance are increasing; and general economic conductions outside of metropolitan areas continues to decline. Accordingly, it should be no surprise that between 1998 and 2007 the rate of gang violence increased 92% and murders attributed to gang members increased from none in 1998 to a total of 21 in 2007. An additional issue is that research studies and crime statistics indicate gang activity in South Carolina is now occurring in rural areas of the state. While gang activity in any region is a concern to law enforcement, it is this movement of gangs into rural areas of South Carolina that is especially troublesome.
The nature of routine law enforcement patrol activities provides assigned officers with a valuable opportunity to gather gang-related intelligence. Effectively managing this intelligence gathering opportunity is to some degree dependent upon the level of gang-related training provided to patrol officers. In most large cities and metropolitan areas, law enforcement agencies typically have the resources necessary to provide officers with the training needed to address gang-related issues. However, agencies in smaller rural jurisdictions generally do not have the talent or the means available to provide any level of training above mandated minimum requirements. This disparity in the availability of training opportunities between urban and rural law enforcement agencies can have a direct impact upon the effectiveness of law enforcement activities in rural jurisdictions as well as the identification and response to gang-related activity.
The nature of routine law enforcement patrol activities provides assigned officers with a valuable opportunity to gather gang-related intelligence. Effectively managing this intelligence gathering opportunity is to some degree dependent upon the level of gang-related training provided to patrol officers. In most large cities and metropolitan areas, law enforcement agencies typically have the resources necessary to provide officers with the training needed to address gang-related issues. However, agencies in smaller rural jurisdictions generally do not have the talent or the means available to provide any level of training above mandated minimum requirements. This disparity in the availability of training opportunities between urban and rural law enforcement agencies can have a direct impact upon the effectiveness of law enforcement activities in rural jurisdictions as well as the identification and response to gang-related activity.
Overview of Police Organizational Behavior
This paper presents a basic overview of critical questions associated with organizational behavior that are related to the exertion of power, socialization processes, and conflict management. No specific research question is proposed and, therefore, this paper does not involve data analysis processes or the discussion of specific findings. However, in providing information regarding various aspects of organizational behavior this paper does reflect the general conclusion that organizational leaders must: effectively understand the internal and external environmental demands upon their organization; and possess a significant degree of knowledge regarding individual and group behavior within an organization. Although this paper does not propose any future research studies, the broad answers provided to the questions in each section could readily serve as the basis for a more detailed analysis of organizational behavior.
The Issue of Policing Immigration
In 2011 the foreign-born population in the United States increased by more than thirty percent in more than two-thirds of the states to include rural communities and suburbs as well as larger cities. When this increase is viewed in the context of an estimated eleven million undocumented immigrates currently residing in the United States, there is an obvious need for a consistent national police policy to address issues associated the immigrate population in American society. The local police challenge of enforcing immigration laws while simultaneously attempting to build trust within immigrant communities presents numerous barriers for police efforts which includes: the fear of deportation; past experiences with the police in other countries; communication barriers; and cultural differences. In an effort to develop a partnership approach to address enforcement issues, police in many jurisdictions have been successful in implementing policies within immigrant communities that includes the use of dedicated community liaisons and multicultural advisory councils. However, efforts of this nature are not always effective given cultural differences in which cooperation with the police is not a customary practice. This consideration is supported by research studies conducted in New York and Phoenix which identify that some cultures place more importance on feelings of empowerment in a community than issues associated with police efforts to control crime and enforce immigration laws. Given the varied cultural beliefs of a diverse immigrant population, policies which have proven effective in some jurisdictions include training that enables the police to better understand barriers that adversely impact citizens perceptions of the goal and function of law enforcement. This consideration is supported by research studies which indicate that differences continue to exist in the manner that immigration enforcement is perceived by police and the community.
The Use of Community Policing for the Prevention of Violent Extremism
Violent extremism as defined by the Federal Bureau of Investigation involves encouraging, condoning, or justifying the commission of a violent act in support of political, ideological, religious, social, or economic goals. Individuals prone to violent extremism typically have an underlying need for personal significance and belief that violence is morally acceptable in pursuit of a cause that fulfills the need for attention and meaning in their life. This aspect of their psychological makeup results in these individuals being more susceptible violent extremism given that a wide range of contributing issues such as socioeconomic status, education level, personal grievances, alienation, victimization, as well as anger directed at perceived injustices or persecution are typically present in their lives. Further, the ease that these individuals can communicate using social media platforms and the manner that the internet provides ready access to propaganda and promotors of violent extremism only serves to underscore the potential danger, lethality, and effectiveness of an attack by a lone gunman or group of like-minded individuals. Accordingly, it is critical that the federal government encourage local governments to focus resources on community policing efforts that address the dynamics of radicalization to violence. By establishing partnerships with local community members, law enforcement personnel can engage in proactive problem solving that can make tangible contributions to the broader strategic efforts of preventing terrorism and countering violent extremism. However, before the community policing model can be used on a national scale to combat violent extremism, a protracted effort to shift in the culture of law enforcement in the United States must be initiated.
Discretionary Justice and the Courtroom Workgroup
The judicial component of the criminal justice system is comprised of a courtroom workgroup that includes prosecutors, defense attorneys, judges, and jurors. In determining the disposition of a case, these primary members of the courtroom workgroup are afforded a significant degree of discretion in choosing a course of action for a given situation. However, the decision by a member of the courtroom workgroup of whether or not to exercise discretion in a given case can have a significant, for better or worse, upon an individual who has been charged with a criminal offense. Accordingly, the focus of this expository essay is to provide a brief discussion regarding the cause and consequences associated with discretionary decision making by members of the courtroom workgroup. While there is no arguing the fact that individual members of the courtroom workgroup can abuse their discretionary powers, the central hypothesis of this essay is that discretion is a viable component of the criminal justice system.
The Impact of Harsh Sentencing Policies on Overall Crime
During the last four decades, the incarceration rate in the United States has increased to the degree that the correctional system has become overwhelmed in attempting to supervise more than six million individuals. Placing this number in context, while the United States is comprised of less than five percent of the world’s population, more than a quarter of the individuals in the world who are incarcerated are imprisoned within the American correctional system. This disparity in the number of incarcerated individuals is not due to a higher crime rate. Instead, the American Judicial System imposes severe sentences for more types of offenses, and convicted individuals remain imprisoned for more extended periods. Consideration of these issues concerning the number of individuals incarcerated in the United States as compared to other industrialized nations increasingly leads to concerns of the sentencing laws and policy within the American Criminal Justice System.
Court Cases that Changed the Capital Punishment Landscape and How the Death Penalty Functions Today
The finality associated with sentencing an individual to death is uniquely different from other trial processes requiring a decision of guilt beyond a reasonable doubt. For this reason, the Court has attempted to ensure that substantive and procedural capital punishment laws provide for the fair and impartial implementation of the death penalty. However, capital punishment laws are administered by a court system is that plagued by recurring errors, inaccurate judgments and questionable decisions. In the late eighteenth century, abolitionists believed that the death penalty was no longer needed. Similarly, in the early twenty-first century, the debate over the continued need of the death penalty in the United States continues, while the general consideration of the international community is that capital punishment is not an acceptable practice in modern society. Accordingly, whether the Court can ever succeed in resolving all aspects of capital punishment substantive and procedural laws without actually abolishing the death penalty is yet to be seen.
Selected Case Review for Applicability of the Death Penalty
Fairness and accuracy are the foundations of the American criminal justice system. As the United States Supreme Court long ago recognized, these goals are especially important in cases in which the death penalty is sought. Accordingly, no jurisdiction, state or federal, can claim to provide due process or to protect the innocent unless it provides a fair and accurate system to every person who faces capital punishment. This paper presents a review of selected death penalty cases and a discussion of the similarities and differences in each case.
The Concept of Super Due Process in Application of the Death Penalty
Since the decision that mandatory death laws in capital punishment cases were unconstitutional, the United States Supreme Court has imposed numerous constraints in an attempt to prevent arbitrary use of the death penalty. The underlying implementation of these constraints has led to the development of a super due process for capital punishment cases in an attempt to ensure the proper administration of death sentences. The intent of this super due process is to provide: strict guidelines to ensure that aggravating and mitigating evidence is considered in a death sentence; and an automatic appeal process that also includes a proportionality review.
The Concept of "Equalizing Downward" in Capital Punishment Cases
The United States Supreme Court decision in McCleskey v. Kemp (481 U.S. 279, 1987) ruled that general patterns of discrimination do not prove that racial discrimination occurred in a particular case. The McCleskey case involved a black male who was convicted and sentenced to death for the murder of a white police officer in the state of Georgia. A study conducted for the defense concluded that all individuals convicted of murdering whites in Georgia were more likely to be sentenced to death than if the victim had been black. Replication of this study in other areas of the United States reflects the same general racial bias with approximately eighty percent of death row inmates who were executed having murdered a white individual. An additional aspect of discrimination in capital punishment cases involves the judicial process that is still entrenched in a legal system that routinely excludes minorities from jury service. Accordingly, the prevailing issue with discrimination in capital punishment trials is not that the Court has not tried to set a standard for equal protection, but rather that it is somewhat impossible to prove that discrimination in the application of a death sentence was intentional and purposeful. As such, it is slightly ironic that during a period in American history that promotes increased protection for civil rights, discrimination against both black suspects and black victims of crime has risen steadily.
The Persistence of Capital Punishment in the United States
The use of the death penalty began in American during the colonial period with the first execution occurring in 1608. The use of capital punishment continued in colonial times with laws that made the death penalty applicable to offenses such as theft, killing horses and commerce with Indians. Attempts to reform the use of capital punishment in America would not begin in earnest until the late eighteenth century when a group led by Thomas Jefferson made an unsuccessful attempt to enact a law that only allowed capital punishment for the crimes of treason and murder. The debate over the use of the death penalty continued through ratification of the United States Constitution until 1846 when Michigan became the first state to abolish capital punishment for all crimes except treason. Moving to the present day, in 2013 the state of Maryland became the eighteenth state to abolish the capital punishment by replacing the death penalty with life in prison without parole. Including the state of Maryland, there has been an emerging trend in the last decade with eight states abolishing or no longer having enforceable capital punishment laws.
Differing Portrayals of Violent Crime
In an average individual’s daily life, they are presented with diverse situations which unfold in a never-ending chain of events, however, as a general rule very little violent crime is ever encountered. This concept of an individual infrequently encountering violence is generally supported by crime surveys conducted by the Bureau of Justice Statistics and Federal Bureau of Investigation which identify that the chance of being victimized by violent crime are near record lows for the last two decades. Accordingly, while the actual chances of encountering violent crime are somewhat dependent upon an individual’s participation in risk-prone activities as well as the geographic area in which they live, the portrayal of violent crime in the media is in stark contrast to the may research theories indicating that violent confrontations are the exception and not the rule.
Women’s Participation in Violent Street Crime
Despite a commonly held belief that women generally avoid violence, their participation in violent crime appears to be more prevalent than previously believed. This not to imply that everyone who has a low level of self-control or associates with delinquents and criminals is predisposed to the commission of violent crimes. However, with respect to women’s participation in violent street crime, there is little doubt that association with other deviant individuals by someone with a low level of self-control increases their propensity for involvement in violent street crimes. Other variables such as drug use, drug addiction, and victimization only serve to increase the odds of participation in acts of violence. The only question that then remains is whether an individual can resist the tendency to participate in violent street crimes or whether they succumb to peer pressure and life on the street.
Organizational Policy for Crime Laboratory Staffing and Quality Assurance Processes
Members of the forensic science discipline serve a unique role in the criminal justice system with involvement in activities ranging from evidence collection, crime lab analysis and courtroom testimony. Accordingly, organizational policies must address a broad range of responsibilities such as hiring criteria, administrative practices, procedure development, training, evidence handling, quality control, analysis protocols, testimony, proficiency testing, personnel qualifications and security. Two of the more critical aspects of organizational policy involve the hiring process and quality assurance standards. The importance of the hiring process is underscored by the limited pool of qualified applicants for specialized positions that are part of the forensic science discipline. However, it is not enough to simply hire the best employees. Given the importance of the forensic analysis process it is imperative that quality assurance standards be implemented for all areas within a crime laboratory. Accordingly, the purpose of this research paper is to briefly discuss the specific policies that would be implemented within a crime laboratory in order to ensure that qualified individuals are hired and quality assurance standards are beyond reproach.
Truth and Lies - The Misrepresentation of Statistics
The effective use of statistics to shape personal opinions is the combined responsibility of both the provider and consumer of data. Unfortunately, information providers often misrepresent statistical data to better support a research claim or to more favorably portray a product being advertised for a client. Additionally, for reasons which are both intentional and unintentional, many statistical claims are made without including the context necessary to fully comprehend the data that is provided. Accordingly, it is more important than ever before for the consumer of statistics to realize that data presented may not accurately depict the actual situation. Further, consideration must be given to who is making the statistical claim, how the data was obtained and what methods are used to present the information. Simply put, consumers must step back and view information provided as an impartial observer rather than accept statistical data at face value.
Nine Out of Ten Statistics are Taken Out of Context
It is not an uncommon occurrence for the media to report an event without providing sufficient context needed to provide a full understanding of a given issue. In a similar vein, the article Nine Out of Ten Statistics are Taken Out of Context by Lovell-Badge identifies that statistics are more often cited to support a given cause without providing the context necessary for an individual to make an informed decision. Nevertheless, many individuals are willing to accept a reported statistic as factual without regard to the context of the data.
Using Statistics to Fool Juries
Every individual who serves as a juror brings personal beliefs, understandings, and prejudices into the courtroom which can impact how they reach a verdict. Concerning statistics, the manner in which the numbers are presented in court can often become a critical juncture in providing the jury with an overall impression of guilt or innocence. Unfortunately, the statistics presented in court are often used out of context and on occasion are somewhat biased with the intent of supporting otherwise unsubstantiated assertions rather than reinforce the facts of a case. Accordingly, jurors must remain acutely aware of the relevance and validity of statistical evidence which is presented in court as well as the credentials of expert witnesses providing the data.
Media Bias - Summer of the Shark
In an era of ever-increasing competition between print, broadcast and online media the credibility of news organizations has been significantly undermined as the result of numerous scandals involving bias and exaggerated reporting of various events. However, the perceived degree of media bias concerning the one-sided reporting of an event is often somewhat tempered based upon whether the information aligns with the personal ideology of an individual. This premise provides consumers of information with the ability to filter left or right wing information provided by the media and find somewhat of a middle ground for a given issue. Nevertheless, the editorial bias which results in sensationalistic and alarmist reporting of events for the purpose of an increased audience share has the potential to create unwarranted fears and false beliefs that can significantly erode the reputation of the news media as a whole.
The Potential Use of Blockchain Technology to Address Supply Chain Cyber Risks
With as many as 80% of data breaches believed to have originated in the supply chain, the current concept of technology can no longer be relied upon to manage the vulnerabilities posed by suppliers in a fragmented and geographically diverse procurement system. Further, increasingly sophisticated methods of perpetrating cybercrimes through the use of viruses, worms, and hackers, as well as an escalation of state-sponsored cyber-attacks have made the inherent challenges associated with preventing, detecting, and responding to data breaches all the more difficult. As such, there is a critical need to establish more secure data storage processes for supply chain operations by considering the use of emerging technologies such as Blockchain.
Case Review: Spokeno vs. Robbins
The Supreme Court of Spokeo, Inc. v. Robins involves whether a consumer to sue a credit reporting agency under the Fair Credit Reporting Act (FRCA) for failing to take reasonable measures to ensure that the information in the consumer’s report is accurate. Spokeo argues that the plaintiff, Thomas Robins, lacks the requisite injury-in-fact for within the context of Article III of the Constitution because he suffered no concrete harm when Spokeo included inaccurate information about him in his profile. The Court of Appeals for the Ninth Circuit rejected that argument, holding that the violation of Robins’ statutory rights under FCRA was individualized rather than collective. That principle, if established, could have significant implications for the future development of cyber law.
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