Criminal Law
Question No. 3
The biosocial perspective is an essential tool in order to develop both effective prevention and rehabilitation programs. Some of these biosocial factors include socio-economic deprivation, poor parental supervision, low intelligence, anti-social parents and siblings, harsh-child-rearing approach, delinquent friends and impaired decision-making (Cole and Gentz, 2013). Delinquency prevention efforts must not only be based on psychological but biosocial theories. Delinquency, especially on the part of the youth, should be directed at strengthening the child’s life at home and personal relationships. Family problems such as alcohol and drug-dependency issues, child abuse and sexual abuse can trigger deviant and violent behaviors. Hence, parents must be able to love, care, nurture and discipline their children to eliminate any criminal tendencies in the future. Rehabilitation methods through psychological counseling and psychotropic medications can also prevent deviant behavior.
In the case of juvenile delinquents, it is best to establish a restorative justice plan which is in keeping with the rehabilitation programs of the community. With these types of programs, there is a greater probability of re-offending through the creation of an environment that is contributing to self-improvement of youth offenders. Such programs target to eliminate the deviant behavior of youth offenders by encouraging them to change for the better. Using the biosocial factors will be able to determine the persistence of anti-social behaviors of offenders and to diminish criminal activities in the future. As part of the preventive strategy, post-release programs should be established to ensure the full reformation of offenders. At the same time, it will help monitor the progress and risk of re-offending in the future. The offenders must be able to realize that their actions violate the law and shall bear the consequence of imprisonment.
Both the prevention and rehabilitation programs should concentrate on the treatment of the offender using interventions such as probation supervision, work readiness, training, cognitive skills training, and behavior therapy will influence the positive change in their behavior and diminish the regularity of criminal offenses. Rehabilitation programs are important for offenders in order to monitor their re-entry into mainstream society. At the same time, establishing the academic foundation for offenders, especially the juvenile delinquents will guide them towards successful careers paths upon their release, with the help of educational programs and job training programs.
There are several useful interventions that can be employed to prevent and treat aggression and violence of both adult and juvenile offenders. The rehabilitation and preventive programs should use interventions that involve systematic modification of behavior and thoughts through social interactions. The long-term effect of such interventions is perceived to be beneficial for the society. The biosocial perspective deals with the behavior, brain and social output. Hence, there should be a better understanding of the biosocial processes to be able to develop effective strategies that aim to reduce violent crime and aggression.
Part of the preventive and rehabilitation process of the offenders shall include: providing the adequate treatment that ensure the rehabilitation of offender to avoid the probability of re-offending in the future; make sure that the offenders shall have obtainable resources or get a job to support the re-entry society; and to prepare the offenders for their transition to the community by making sure that they are aware of what to expect on their return. These measures are in accordance to the rehabilitation theory in favor offenders to change the course of their future.
Question No. 5
In the recent cases of District of Columbia vs. Heller (2008) and McDonald vs. Chicago (2010), the Supreme Court held that the Second Amendment provides that the right to bear arms is guaranteed as a person’s right to defend himself inside his family home. However, Justice Scalia made a qualification in the case of Heller (2008), where he said that the right to bear arms under the Second Amendment is not unlimited even if the purpose is for the defense of home.
The recent Supreme Court rulings affect gun laws in Texas since under the state law, there is no state license requirement in order for a person to possess a handgun, shotgun rifle and rifle. Defensive gun use in Texas is affected by the recent pronouncement of the Supreme Court since the residents are allowed to buy shot guns, rifles, firearms and ammunition in other adjacent states. Based under the new gun policies of the Obama administration, the sale, transfer, or possession of heavy volume ammunition magazines cannot be made unless it shows identification markings. At the same time, the recently concluded cases of District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. Chicago, 561 U.S. 3025 (2010) by the Supreme Court ruled that the Second Amendment allowed the right to bear arms as a person’s right to defend himself inside his family home.
Such ruling was further explained by Justice Scalia by making a qualification that in the case of Heller (2008), where he said that the right to bear arms under the Second Amendment is not unlimited even if the objective or purpose involved defense of home. Thus, due to the recent pronouncements of the Supreme Court, the residents of Texas may encounter legal issues in the interpretation of the right to bear arms due to the given limitations.
References:
Cole, G. and Getz, M. (2013). The Criminal Justice System, 10th ed. OH: Cengage.
