So far, much of what we discussed under The Power of Words over Decisions and even under much of what was covered previously is related to context. Context that surely many lawyers’ and judges know is key to the decisions and judgments made every day in courts around the world. This is historically not a new issue. Over fourteen centuries ago, the Prophet Mohammed (pbuh) spoke of how words (altering con- text and therefore perception) can affect judgment. In this case not personal but legal. An example of this is when by teaching his followers about justice, he said:
“You come to me (seeking judgment) and I am but human, and some of you may better ‘word’ your case (is more clever with words, more eloquente and more convincing) and I give my
…show more content…
More critically it was highlighting that the ability to use the right words and eloquently paint with them the context should not be used against those who cannot in order to take what is rightfully theirs. Such verbal agility can be used for the wrong reasons. Even if a court of law judges in your favor due to your superior abilities in language (and your opponent’s inability to properly express his case) then it is still unjust for you to take other people’s rights even if the legal court judged in your …show more content…
This secondary role will surely be appreciated by military officers and planners because they know that no plan survives the first “step” (“first shot” or “first contact”). Through experience, they know that once plans are set in motion, they immediately succumb to situational changes due to unforeseen circumstances. Having trained as a military officer, I can assure you that flexibility is one of the most important characteristics of a realistic plan. A clear objective or aim and intent are far more important than a “perfect” plan. The focus should remain on “what” you want while keeping the “how” part subservient to flexibility and
Strategy depends on numerous analytical factors and some of these present challenges to planners. This essay will identify some of these challenges that strategists encountered during WWII. Moreover, it will present strategy as a fluid process requiring refinement throughout.
Unified Land Operations defines the army operational design methodology (ADM) as “a methodology for applying critical and creative thinking to understand, visualize, and describe unfamiliar problems and approaches to solving them. The operational design methodology incorporated into army doctrine serves as a method to compliment the military decision making process (MDMP). Although the ADM it is often confused with replacing MDMP, its purpose is to address complex problems from a nonlinear approach. ADM helps the commander to answer questions to problems. However, only a collaborative effort of an operation planning team (OPT) will achieve the approach to answering complex problems. Doctrine alone does not provide the answer to complex problems, but rather offers a guide to solve them. To conceptualize the MDMP, planners must incorporate ADM to provide a better understanding, visualization, and description of the problem. The purpose of this paper is to provide the framework to support why ADM is required in the MDMP.
According to Duffee, “criminal justice is a term used to denote the distribution of penal sanctions and the administration of agencies involved in law enforcement, prosecution, and punishment.” In 1976, a man by the name of Guenther stated that he believed that the criminal justice system was “unfair, harsh, and biased,” and he argued that the system was a criminal processing system rather than a justice system.
1. Hypothesis - A hypothesis is defined by the Criminal Justice Today textbook as "An explanation that accounts for a set of facts and that can be tested by further investigation. Also, something that is taken to be true for the purpose of argument or investigation" (Schmalleger 73). It is, essentially, a supposition or proposed explanation made on the basis of limited evidence as a starting point for further investigation. In terms of law and criminal justice, The Law Dictionary website defines the term as "A supposition, assumption, or theory; a theory set up by the prosecution, on a criminal trial, or by the defense, as an explanation of the facts in evidence, and a ground for inferring guilt or innocence, as the case may be, or asindicating
Criminal profiling, first undertaken within the nineteen-seventies, has been used throughout thousands of police investigations from bureaus all over the globe, currently some question their practicality in police investigations. This essay argues the utility of offender profiling in police investigations. Police Investigations utilize Offender and Criminal Profiling methods because it narrows the field of investigation, needs diminutive physical evidence to begin investigations and uses victimology to predict future actions of the offender.
The media plays a huge role in forming people's perceptions of crime. Without the media we would remain ignorant to occurrences outside our direct social groups. The media and especially news coverage therefore provides us with an important point of contact with the rest of society. In evaluating its effect on popular perceptions of crime it becomes important to consider where most of the information comes from and how representative it is on actual criminality. If it takes "facts" (the truth, the actual event, a real thing) or if it is heightened to a crime myth. With a myth being based upon "exaggeration" or heightening of "ordinary" events in life. Crime myths become a convenient mortar to fill gaps in knowledge and to provide answers to question social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction of a "social reality of crime (Quinney, 1970)." As crime related issues are debated and re debated, shaped and reshaped in public forms, they become distorted into myth, as largely seen in the mass media.
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
Leaders today need to have an appreciation for the operation process, understand a situation, envision a desired future, and to lay out an approach that will achieve that future (Flynn & Schrankel, 2013). Plans need to be created that can be modified to changes in any factors considered. However, plans should not be dependent on specific information being precise or that require things to go exactly according to schedule. Instead, the staff NCO should be flexible where they can and always be prepared for the unexpected. Today’s military members are fighting an unconventional war in Iraq and Afghanistan. The enemy constantly changes their tactics, techniques, and procedures (TTP’s) to counter the United States technological advances, making planning very difficult for leaders. There are multiple tools at a staff NCO’s disposal to try to anticipate an outcome of a current operation, but also assist with the development of concepts in follow-on missions. The Military Decision Making Process (MDMP) is just one tool a staff NCO can utilize. In order to stay ahead of the enemy, create effective plans and orders, it is critical for a staff NCO to assist the commander, and understand that the MDMP and planning are essential in defeating the enemy and conserving the fighting force.
Metaphors can help one to understand terms easier and it is no different in the criminal justice field. The metaphors used in this unit to describe the government are marble cake, layer cake, and picket fence. Marble cake federalism describes the open system of different layers of government being cooperative and working together, “which results in an overlapping of activities” (Cronkhite, 2013, p. 50). This is the direct opposite of layer cake federalism, which represents the three levels of government that do not work together in a closed system (Cronkhite, 2013). Last, picket fence federalism represents specific programs that involve several levels of government working together to make things happen (Cronkhite, 2013). The vertical
Since 1978 over 280 death row inmates have been granted clemency. Most of the reasons someone is granted clemency is because of doubt about the guilty or judgments about the death penalty by the governor. Clemency is an act of grace, based on the policy of fairness, justice, and forgiveness. Clemency is a privilege and is not a right, and one who is granted clemency does not have the crime forgotten, as in amnesty, but is forgiven and treated more leniently for the criminal acts. Even though clemency is considered a privilege some states require a clemency review before the execution. Ohio requires a clemency review forty-five days before the execution. Clemency is used at the discretion of the governor and other officials,
“Operational design is a journey of discovery, not a destination.” Operational design provides a framework, with the guidance of the Joint Force Commander (JFC), that staffs and planning groups can use to give political leaders, commanders, and warfighters a comprehensive understanding of the nature of the problems and objectives for which military forces will be committed, or are planned to be committed. Furthermore, operational design supports commanders and planners to make sense of complicated operational environments (often with ill-structured or wicked problems), helps to analyze wicked problem, and devise an operational approach to solve the problem in the context of the operational environment.
of law has proved to be confusing to both juries and judges due to the
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
ADM offers Commanders and planning staff a tool for the conceptual component of an integrated planning process. The goal is to provide the commander with a cognitive tool that he can use to understand the logic of the system. Design is non-linear in thought and application. Its methodology clari¬fies guidance in the consideration of operational environment, and the current system is understood within existing limitations. The design team pro¬duces an environmental frame, an initial problem statement, and an initial theory of action. As the teams’ understanding increases and the nature of the problem begins to take form, the team explores in greater detail aspects of the environment that appear relevant to the problem. Here choices are made about boundaries and areas for possible inter¬vention. From this deeper understanding, the des...
Criminal Investigative Analysis is an investigative tool used by law enforcement officials to help determine the unknown offender of a specific crime, usually involving violent crimes. The purpose of Criminal Investigative Analysis is to create a profile containing characteristics of the offender who committed a certain crime. Law enforcement then uses this profile to help determine a possible suspect that fits into that profile. The Criminal Investigative Analysis has been crucial in solving some very large cases, where law enforcement had no leads and used this tool to come up with a possible suspect. The media has influenced the view that the public has between what the media portrays how law enforcement conducts an investigation