Article review
Over the last four decades, there have been major trends in the criminal law sectors. Criminology has revolutionized from the basic notions proposed by Aristotle to the contemporary laws and regulations proposed by the modern authorities in the field of law and criminology. More so, there have been major changes in correction centers, authorization of sentencing, and other sectors involving the criminal handling. Additionally, article review includes relating a piece of writing in criminology to the modern world and trends that are taking place in the modern world perception of the justice system. Still criminals have become more advanced in the sense that they understand their rights and how they are suppose to be treated either in court, custody, or in correctional centers. The contemporary principles of criminal laws have adopted new measures targeted to creating of more ethical approaches in handling of criminals and execution of justice. The following paper seeks to review mainly three articles written by dissimilar authors. These articles are; The Perspective on the Federal Sentencing Guidelines and Mandatory sentencing by Paul J. Hofer, Professionalism and Ethics in Criminal Justice by Oliver Wendell Holmes, and last article will be Lethal Injection Reforms by Seema Shah. The objective of this dissertation is to review these three articles by relating significantly to the contemporary world in the field of criminology.
The sentencing commission fails to elaborate on some of the important aspects of solving a case comprised of competing rationale. In this case, the judge may be in a dilemma to use either case-by-case or judge-by-judge approach in deciding sentencing priorities. However, the sentencing must be based on the policies articulated in the guidelines rather than personal penal philosophy of the judge. Another approach that is quite effective in the issuance of a prison term is the use of empirical data. The commission has to adopt new and reliable sources of data in implementing a just desert or crime control philosophy. Since the commencing of the use of statistic analysis in 1985, the method has appeared to be one of the most effective form of solving cases. The sentencing of various criminals can now be adequately handled by making use of various reports linked to the suspect. Reports are crucial in the justice system since they provide the basis, or level of the crime which is directly used to determine the sentencing range. The turn to data assists the commission in articulating the various levels that crimes can be classified. So far, the use of data has been crucial in determining substantial sentencing of various forms of crimes ranging from white collar, drug trafficking to the most basic crimes such as street property crime. The commission experienced difficulties mostly in articulating strategies to punish white collar offenders since most of them were political figures and powerful persons who can in their own way manipulate the system to favor themselves. Therefore, there is a need to formulate a comprehensive philosophy that is to be equally applied to all offenders. Moreover, to achieve moral justification, the system should adopt an evaluating system so as to affirm that the commission is not in any way arbitrary, or out of line. This can be achieved if only the system is looking forward to accomplishing something specific. For instance, sentences implemented on heroin offenders are so severe since the government wants to send a message to the entire public. The message serves as a warning to criminals not yet put in custody but also alerts the public on the dangers of such drugs. Moreover, judges in the contemporary world should be able to comprehend the rules of the guidelines by being able to point out ambiguous guidelines and consequently use instrumental reasoning to amend the guidelines. This means that judges should be allowed to make necessary amendments to eradicate arbitrary and empty rules, make the purpose clear, and connect sentencing to set philosophies.
The second article review centers its argument on the Lethal Injection Reform Constitutes Impermissible Research on Prisoners written by Seema Shah. The state, for a long time, has been using test procedures on inmates as a means to conduct medical research. This article review seeks to analyze the major illegal and unethical medical research done on prisoners. Recently the state supreme court has taken up the challenge of elucidating the standard for determination of the constitutionality of lethal injections. The court seeks to conduct lethal injection reforms meant to improve the prisoner’s welfare. This review provides important limitations on some of the permissible reforms and articulates an open question that must be answered prior to the determination whether the qualms and risks linked to lethal injections can be remedied.
The Supreme Court recognizes the risks associated with the lethal injection. The practice has various effects on prisoners since most prisoners react differently to medicine. In some cases, there have been difficulties in measuring of the effects of lethal injection. In an attempt to define the measure the cruel and unusual punishment, the court categorizes the legal standards of lethal injection in terms of excessive pain, wanton infliction of pain, unnecessary pain, substantial risk, and unnecessary risk. This standards cause’s confusion in the evaluation of lethal injections. Lethal injection protocols vary from state to state.
For a suspect condemned to die, administration of anesthesia can result to complication. In the context of a person anticipating death he or she might be either fearful or anxious; this will slow down the effects of the anesthesia. The other likelihood is where a person who have been involved in substance abuse for a long time. In this instance, the body might be tolerant to the effects of the anesthesia hence more than usual doses of anesthesia may have to be used to accomplish the death penalty. Originally, anesthesia was used for clinical investigation where the prisoners were anticipated to regain consciousness after administration. Since doctors are governed by a code of ethical conduct, they are prohibited from such actions as using humans as research specimens. Nevertheless, the Supreme Court must affirm whether the use of anesthesia is a cruel punishment, and still provide an explanasion concerning the safety anesthesia in medical surgeries.
The recommendations, designed to improve the use of chemical in lethal injection, requires organized modifications to the method of execution. There is a need to explore the use of other chemicals and gathering of sufficient data to implement on the three-drug combination protocol. Moreover, the commission should extensively evaluate the effects of experimenting with legal injection. This should be achieved through comprehensive record keeping before, in the event of, and after the execution which can eventually be essential in improving future execution.
The government Supreme Court should be involved designing of strategies focused on achieving informed consent. This is the form of consultation with the inmate concerning the involvement in research about how they should be killed. In this instance, a prisoner is given two options. One option is to wait for his or her execution, and the subsequent option is to be involved in medical research where he or she might or might not die in the process. However, only a small reasonable number of people are willing to be subject of unknown pain, suffering, or risks involved in a research of medical method execution. However, people will always be confused about why to be bothered of the exploitation of people awaiting execution. Nevertheless, exploitation of prisoners awaiting execution is unconstitutional, and, therefore, involving prisoners in such research may result in violation of the prisoners constitutional civil liberties. It is the obligation, of the state laws and ethical principles, to safeguard these rights and apply them to everyone.
In nutshell, the countries that find themselves objecting that lethal injection ignores the legitimate prevention of brutal and bizarre punishment have dragged themselves to a situation where they can proceed with implementation of death penalties without primarily contradicting their own policies, regulations, or penal codes. Moreover, even countries that are altering the process using comprehensive data collection which they anticipate to using in future executions are more likely to experiment on prisoners. Most of the countries permitting death penalties impose various regulations regarding research on prisoners. This regulation will always serve as a hindrance to reforms of execution. Ultimately, the Supreme Court must take into account that lethal injection reform must embrace the fact that any execution strategy chosen can not involve unlawful and unethical research on prisoners.
The last article to review, Professionalism and Ethics in Criminal Justice System, by Oliver mainly discusses how federal agents should conduct themselves professionally and ethically when in the line of duty. Professionalism has revolutionized from the term professing which was a term used by the earliest religious authorities in their religious duties. A professional is someone who knows much better on a certain topic be it divinity, law, or theology. In the modern world, the term professionalism has been used in any instances describing career options. Law enforcement equally requires well trained individuals who can perform their duty in an ethical manner.
In the context of law enforcement, emerge numerous ethical dilemmas due to the personal values that each person attaches to themselves. Personal values might place emphasis on the wrong things. This, in turn, will contradict the ethical role of an officer. The ethical rule is revealed through objectivity and operating as a diplomat of the legal justice system. Therefore, a representative of the law and criminal justice at any given time should reflect the fundamental values of ethical behavior and apply the same moral values to in their job. It is also the role of the representative to rally the public to obey the laws by setting an excellent example.
Professional client relationship is vastly affected by personal values and priorities. For instance, an officer may find it difficult to discourage such behaviors as gambling if he or she does gable. Therefore, an officer who does not regard the law can find it complicated to execute his or her duty ethically. Also, the criminal justice system should outline an ethical working relationship between personnel’s in the criminal justice system. This will involve enhancement of mutual respect among officers working under the same or dissimilar departments. Criminal justice personnel’s including officers should stand out as the representative of the system even when not working. Therefore, even their private life should serve as an overall picture of the system. They should separate themselves with association with persons of questionable moral character since they might influence them to carry the same conduct in work places. There are several advantages that a professional model of law enforcement can offer to include improved service to clients and the entire public, efficient peace officers, leads to more effective problem solving strategies, achievement of strong community support and respect, and the creation of a stronger criminal justice system.
The criminal justice is a sensitive sector especially in the event of professionalism and ethics in the implementation of the law. Criminal justice personnel’s should be the body of ethical behavior in the public and at work place. At all time, officers should maintain a high degree of mutual respect and trust among criminal justice personnel’s to increase efficiency of their operations. It also becomes easy to eliminate bias, prejudice, or unfair officers.
The three articles reviewed above reveal much of the weaknesses and strong sections in the criminal justice department. The articles reviewed in a vast way illuminate the justice system and propose some recommendation that can be adopted in the criminal justice system. The first review shows that sentencing sector can be used to achieve communications if the guidelines amended to achieve a specific function. The second article involving lethal injection of chemicals articulates that the practice of using execution prisoners in lab research without their consent is unethical and unlawful. This leaves a dilemma to state that still wants to conduct executions without contradicting their state regulation and rules. Lastly, professionalism and ethics is inseparable to the law enforcement in the criminal justice system. Officers and personnel in the criminal justice system are anticipated to adhere to the ethical standards either in their private lives or at work place.
References
Hofer, P. J., & Allenbaugh, M. H. (2003, August 23). LexisnNexis. Retrieved from www.americancriminallawreview.com: www.americancriminallawreview.com/articles/O'Hear%20Abstract
Holmes, O. W. (2012, April 19). Wise County, Texus. Retrieved from www.co.wise.tx.us: www.co.wise.tx.us/constable//Professionalism%20and%20Ethics.pd..
Shah, S. (2008, June 16). American Law Review. Retrieved from www.law.berkeley.edu: www.law.berkeley.edu//articles/journal/2008.shah.pdf - United States
