Standards for Moral Conduct in Criminal Justice

Standards for Moral Conduct in Criminal Justice

As you have learned throughout this course, the criminal justice field demands moral conduct from all participants. In your Final Paper, you will create a set of core, ethical beliefs and moral requirements for people engaged in your line of work, or your intended line of work. Drawing from Chapters 5 and 15 in your textbook, along with the eight additional sources you research to support your opinions, formulate your paper based solely upon scholarly sources. In your paper,

  • Compile a comprehensive job description for your line of work or intended line of work;
  • Identify all of the stakeholders related to the position;
  • Describe at least three practical work scenarios where ethical decision making and moral action must be taken in the position;
  • Evaluate the pros and cons of two ethical theories applicable to the work scenarios you chose;
  • Create your own code of ethics for the position and the foundational sources for your code;
  • Design a best-practices checklist for your chosen position; and
  • Propose how your code of ethics will positively impact all stakeholders to the position.

The Final Paper

  • Must be eight double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.).
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must use at least eight scholarly sources in addition to the course text.
  • Must document all sources in APA style as outlined in the Ashford Writing Center.
  • Must include a separate references page that is formatted5 Egoism, Pleasure, and Indifference

    This chapter will present three ethical theories—namely, ethical egoism, hedonism, and Stoicism. Of the three, only Stoicism has any present-day following in the field of moral philosophy (e.g., see Becker 1998).

    15.1 Stoicism

    In its time, particularly after the death of Alexander the Great, Stoicism was a very influential ethical philosophy. It dominated Roman thinking about moral philosophy until Christianity replaced it. Stoicism, as a philosophy, has been refined and developed over time from its initiation by Zeno (3rd century BCE), who is supposed to have lectured from a porch called a stoa, from which Stoicism derives its name.

    It is important to appreciate Greek history to understand how Stoicism developed. In summary, Phillip, the father of Alexander the Great, placed Greece under Macedonian rule, ending the regime of the Greek city-states (Prior 1991: 194–197). During his life, Alexander the Great extended the Macedonian empire and began the process that dispersed Greek language and civilization throughout the Mediterranean. The period of transition from Greek city-states to an empire is known as the Hellenistic period. These changes to Greek civilization were influential because Greek philosophy became widely available throughout the region. The city-states were replaced by imperial rule. This change seemed to make much of the work of Plato and Aristotle on ethics and politics obsolete because now philosophers began to see themselves as part of a single enterprise rather than as representing the individual city-states.

    The classical Greek philosophers shaped their view of virtue and the good life from the community of small city-states, but this form of social organization no longer existed. Questions were now asked about how virtue would apply in this new age. It was thought that the new social structure required a new philosophy. In addition, much of the daily activity of a citizen in classical Athens had changed with the onset of imperial rule. The political and social life of the city continued, but the close relationships between individuals as well as the social life of the city had changed. In response to these dislocations, new religions arose in an attempt to give individuals a new sense of citizenship. As well, some turned to philosophy instead of religion, and this led to the development of the schools of Epicureanism and Stoicism.

    The Stoics reacted to the collapse of the closed social system of the city-states by offering advice to individuals in what for them was a crumbling world. Although Stoicism is a complex moral theory, the basic principle advocated by Stoics is that one should learn to be indifferent to external differences. Many of the writings of the early and later Stoics have disappeared, but among those remaining are the writings of Epictetus, who began life as a Roman slave. He advocated a philosophy of indifference, believing that this practice would constitute progress for the individual. In the early period, Zeno was succeeded as head of the Stoic school by Cleanthes and later by Chrysippus (Prior 1991: 208). The best-known Stoic philosophers today are the Roman emperor Marcus Aurelius and Epictetus, both of whom focused on the presentation of Stoicism in a popular form.

    The Stoics assumed that good or evil depends on the self, and although others have power over events that may affect you, if you can nevertheless be indifferent to those events, others will not be able to exercise power over you. Epictetus writes,

    All existing things are either in our power or not in our power. In our power are thought, impulse, will to get and will to avoid, and, in a word, everything which is our own doing. Things not in our power include the body, property, reputation, office, and, in a word, everything which is not our own doing. (in Prior 1991: 209)

    He further explains, “Virtue resides in the will—only the will is good or bad.” Therefore, if one has a good will, achieved by remaining indifferent to external events, external events will not destroy one’s character, and one will be a free person, independent of the world. In other words, for Stoics, virtue consists of learning to accept whatever happens. Epictetus urged a person to compel or force his or her will to conform to events and to try not to force events to conform to his or her will. This reflects the Stoic teaching about living life in accordance with nature (Prior 1991: 211); that is, we should live in accordance with our own human nature, and we should live consistently with the nature of the universe of which we are a part. Since our knowledge is inherently limited, we ought to follow the guidance of our own nature, but if things turn out other than we expect, we should accept them as if they turned out for the best (Sharples 1996: 101).

    The ethics of the Stoics should be understood in the context of their belief in predestination —that is, all that happens in the world is fixed according to some preconceived divine plan, and nothing happens by chance (Prior 1991: 209). Stoics believed that whatever happened had a rational explanation and was for the best. For them, virtue is achieved through a will that operates in accordance with the happenings of nature. Appreciating and accepting that events have been fated allows one to avoid frustration and despair in trying to alter those events, and, conversely, it is the person who struggles to change events who is not free. Similarly, death should not be considered a bad thing because it has been predestined by God and therefore must be considered good. The aim is to achieve a state of being where one is not susceptible to passion or emotion (p. 212). One of the main effects of Stoicism is that it places the onus for becoming good or bad directly on the individual, in the sense that cultivating the appropriate frame of mind will lead to virtue. Virtue alone is good. According to Stoics, our health and wealth are not to be taken into account, and we ought to be indifferent to them (Sharples 1996: 102).

    The Stoics believed in a commitment to serving the public. This distinguishes Stoicism from hedonism because the latter advocates a withdrawal from public life and living with a circle of like-minded friends (Sharples 1996: 87). The Romans, with their tradition of public service, admired this aspect of the Stoic philosophy (Prior 1991: 214). The goal of the Stoic philosophy is, therefore, a life of complete rationality and of developing oneself so that one remains invulnerable to passion and emotion. The Stoics depicted the person who lived such a life as a “sage” and believed that philosophy was the means of achieving this life. Stoicism is a philosophy that advocates acceptance of life and events and is pessimistic in tone. A good example of this detached attitude appears in the following passage from Epictetus:

    When you go to visit some great man, prepare your mind by thinking that you will not find him in, that you will be shut out, that the doors will be slammed in your face, and that he will pay no heed to you. And if in spite of all this you find it fitting for you to go, go and bear what happens and never say to yourself “it was not worth all this”; for that shows a vulgar mind and one at odds with outward things. (in Prior 1991: 219)

    In contrasting Stoicism and hedonism, William Prior (1991) points out that both assist in providing a means for dealing with events beyond our control. The Stoics explain that certain things may not be within our power, and the strength of both philosophies is that they teach us “how to bear with dignity those events which truly are beyond our control” (p. 223). In addition, both Stoics and hedonists would agree that one cannot become just or courageous if one behaves in an unjust or cowardly manner (Sharples 1996: 82). In other words, character cannot be separated from action.

    15.2 Hedonism

    Traditionally, hedonism has been expressed as the view that “pleasure alone is intrinsically good,” “pleasure is the only thing worth seeking for its own sake,” and “pleasure is the good” (Feldman 1997: 80). Hedonism is the doctrine that pleasure is the sole good. The foremost exponent of hedonism was the Greek philosopher Epicurus (see the “Epicurus” Closer Look box). His name appears in the form of the English words epicure and epicurean, meaning a person whose main enjoyment is derived from exotic and carefully prepared food and wine. In fact, this connotation is far removed from the philosophy expounded by Epicurus himself. He advocated living moderately yet pleasurably and considered pleasure to be the good for which humans aim. Nevertheless, he also appreciated that pursuit of pleasure might itself result in pain (Prior 1991: 200). For example, if, in seeking pleasure, individuals drink to excess, they will suffer headaches and stomachaches. Therefore, in Epicurus’s view, the proper way to live is to live “pleasantly” and at the same time not suffer any of the undesirable effects of that pleasant living. Epicurus stated that the aim of human existence was “health of the body and tranquility of mind” (p. 201). He did not endorse a life of endless pleasure or sensuality because by pleasure he meant “the absence of pain in the body and of trouble in the soul.” Tranquility is attained by philosophical understanding and through practical wisdom. The former teaches that death should not be feared and the latter advocates living virtuously (p. 203).

    There are two forms of hedonism—psychological hedonism and ethical hedonism. The psychological form suggests that people pursue pleasure and only pleasure in their lives and that all their activities are directed toward achieving pleasure and avoiding pain (Feldman 1997: 109). Ethical hedonism is the view that not only do people seek pleasure, but they also ought to seek pleasure because pleasure alone is good. According to psychological hedonism, every action is motivated by a search for pleasure, whereas ethical hedonism goes one step further, seeing the pursuit of pleasure as normative. Hedonism in both its forms can be criticized for attempting to provide a single explanation for every human act. In other words, in psychological hedonism every act is supposedly motivated by a desire for pleasure.

    According to proponents of ethical hedonism, the question of how one ought to live is answered by the contention that the good life consists of a life of pleasure and that a person ought to act in such a way as to acquire pleasure. As already noted, Epicurus attempted to find pleasures that did not produce painful consequences, having recognized that some pleasures might be accompanied by pain or might produce pain. For example, some find that smoking cocaine gives pleasure, but it will also produce severe adverse physical and mental effects if continued beyond a certain point.

    In practice, it seems difficult to separate pleasure from pain in the way Epicurus advocated. For example, friendship, a pleasure, can be accompanied by depression and sadness at the death of a close friend. It is difficult, therefore, to see how ethical hedonism can function as a guide for behavior in our daily lives because advising a person to seek pleasure is often also advice to seek pain. In addition, although the notion that people ought to conduct themselves in such ways as to acquire pleasure seems reasonable and plausible, it also seems to violate our commonsense views about how we ought to act. Generally, people feel that sometimes it is acceptable to act to gain pleasure, but few would regard this as the sole objective in life. For example, we frequently have to fulfill obligations, even if we receive little or no pleasure in the process.

    A Closer Look

    Epicurus

    Epicurus was born in 341 BCE on the Greek island of Somas, but his father was an Athenian. He moved to Athens and established a school there in 307 BCE called “The Garden” because it met in the garden of his home. Unusually, women and slaves were permitted to become members of the school. Epicurus lived and taught at The Garden until his death in 271 BCE. He is said to have written over 300 scrolls, but only a tiny number have survived. It is thought that many of his works were destroyed because they were considered adverse to Christianity. Epicurus’s main aim was to establish a philosophy concerned with the attainment of happiness. He thought that the main constraint to happiness was the fear and unease caused by religion.

    SOURCE: Prior 1991: 198.

    15.3 Ethical Egoism

    Typically, an egoist is self-centered, inconsiderate, unfeeling, and a pursuer of the good things in life, whatever may be the cost to others. Egoists think only of themselves, and if they think about others at all, it is merely as a means to their own ends. Essentially, egoism involves putting one’s own well-being above that of others (Baier 1991: 197). It argues that the right actions are those that promote self-interest, and the wrong actions are those that detract from self-interest (Hinman 1998: 138). This stands in contrast to most other systems of morality, which recommend that we ought to act unselfishly, that we ought to take other people’s interests into account, and that we should care for, rather than harm, other people (Rachels 1999: 70). Lawrence Hinman (1998) argues that, in fact, egoism does not amount to a moral theory at all.

    Psychological Egoism

    There are two theories of egoism: psychological egoism and ethical egoism. The former theorizes that all persons are egoists in the sense that our actions are always motivated by our own best interests. Proponents of psychological egoism suspect that altruistic explanations of behavior are superficial and without substance (Rachels 1999: 71). In other words, they contend that when a person’s motives are properly analyzed, although it may seem that he or she is acting unselfishly—for example, by doing volunteer work in a hospital or church or by saving a child from a burning house—his or her actual motives would tell a different story. For example, the hospital volunteer may be making amends for some misdeed in his or her past or may be trying to build a good résumé, and the person saving the child may be motivated by a desire to be recognized as a hero. This approach can be criticized as being based on the assumption that we will never find the real explanation for someone’s behavior until we have discovered an appropriate egotistical motivation (Baier 1991: 199). In other words, a way can always be found to set aside acts of altruism and self-sacrifice and see in them a self-centered motive. However, if one is to interpret all acts in terms of their lack of altruism, one must surely distinguish between acts that are done solely out of selfish motives and those done out of a motive to help others but that also produce feelings of satisfaction and enhance our self-perceptions as “good persons.” Surely, one has more moral worth than the other.

    Thomas Hobbes (1588–1679) was a believer in psychological egoism, and he tried to give a more general account of it by listing motives and showing how each could be read as egoistical acts or intentions (Rachels 1999: 72). For example, in relation to the motive of charity, Hobbes concluded that it constituted the pleasure one takes in demonstrating one’s powers; that is, charitable persons confirm to themselves and others that they are more capable than others. Not only can these individuals take care of themselves, but they also have a surplus available for those who are not as accomplished. In demonstrating charity, they are really emphasizing their own superiority.

    Another example is pity. Here, Hobbes concluded that the real reason we feel pity for others’ misfortunes is that we are reminded that the same thing might happen to us. As James Rachels notes, psychological egoism appeals to a “certain cynicism in us, a suspicion that people are not nearly as noble as they seem” (1999: 73). As he points out, it is not possible to prove psychological egoism because the theory shows only that it is possible to interpret all motives in an egotistical manner.

    Ethical Egoism

    Ethical egoism claims that promoting one’s own greatest good is always to act in accordance with reason and morality (Baier 1991: 201); that is, everyone ought to pursue his or her own self-interest exclusively (Rachels 1999: 83). Whereas psychological egoism is a theory about how people actually behave, ethical egoism is a theory about how we ought to behave. It says that we have no duty other than to do what is best for ourselves (p. 84). It is important to understand that ethical egoism does not advocate promoting one’s own interests in addition to the interests of others. Rather, it stresses that the only duty we have is to promote our own interest. However, at the same time, ethical egoism does not require us to avoid actions that might help others. Therefore, if a particular act would benefit our own self-interest as well as the interests of others, that act will not be considered contrary to the goals of ethical egoism.

    Those who support ethical egoism argue that if we all look after our own interests, it is more likely that we will all be better off. In other words, if we want to do the best for others, we should not act altruistically because, for example, while we are fully aware of our own individual wants and needs, we are not completely aware of others’ needs. This line of reasoning suggests that we should not set out to act altruistically because we are not in a good position to do so. Some also insist that looking out for others intrudes into their privacy and that giving charity degrades others and robs them of dignity (Rachels 1999: 85). Ayn Rand, for example, proposed that ethical egoism is the only philosophy that respects the integrity of human life. Rand argued that altruism is a destructive idea, devaluing the individual (Hinman 1998: 149; Rachels 1999: 86), because it claims that one’s own interests ought to be sacrificed for another’s interests. It is in this sense that altruism does not value the individual. In contrast, Rand suggested that ethical egoism does affirm the value of the individual and is the only moral position to do so.

    Rachels (1999) explains that although philosophers have rejected ethical egoism, it is nevertheless a theory that has been returned to again and again. He gives three typical arguments that reject this doctrine. The first is that ethical egoism does not assist in resolving conflicts of interest but rather exacerbates them (p. 91). The second is that it is logically inconsistent, and the third is that ethical egoism is unacceptably arbitrary in the same way that racism is arbitrary (p. 94). Like racism, it advocates dividing people into groups where the interests of one group are considered to count more than the interests of others. This is contrary to the general principle that we can only justify treating people differently when there is a factual difference between them that is relevant and justifies a difference in treatment.

    In the same way, ethical egoism contends that we should each divide the world into two categories of people—ourselves and the rest—and that we should regard the interests of the first group as more important than those of the second group. However, this division, and therefore ethical egoism itself, is quite arbitrary because there is no general difference between one’s self and others. An additional difficulty for ethical egoism is suggested by Hinman (1998: 152): While ethical egoists can have acquaintances, it is not clear that they are able to have deep friendships with others because such friendships are usually founded on the basis of a mutual concern for each other’s welfare, and ethical egoism seems to preclude that concern. Hinman also suggests that ethical egoists suffer from moral insensitivity and an unwillingness to help others (p. 154). Compassion and concern for others is completely opposed to self-interest, and therefore these values are prohibited by this philosophy. This means that ethical egoists would respond to issues such as world hunger by claiming that starving people should be helped only when it is in their own self- interest to do so. This seems rather implausible and callous.

    15.4 Applying the Theory of Ethical Egoism

    Case Study 15.1 (http://content.thuzelearning.com/books/Banks.9118.18.1/sections/navpoint-134#s9781506326030.i1887) illustrates how ethical egoism can be applied to an ethical dilemma within the criminal justice system.

    In resolving what may be an ethical dilemma, Harry will follow the process of resolving an ethical dilemma set out in Chapter 1 (http://content.thuzelearning.com/books/Banks.9118.18.1/sections/navpoint- 9#s9781506326030.i920) .

    1. Is Harry faced with an ethical dilemma?

    Harry is faced with the dilemma of whether to use informal means to reinforce his authority over George or to use the formal inmate disciplinary process.

    2. What are the facts and circumstances of the incident?

    Harry needs to review in his mind the facts and circumstances.

    3. What are the facts relevant to the decision he has to make? What are his own values about the issue, and what are the values of his workplace about such an issue?

    The relevant facts are as follows: Harry and George have a history of clashes over Harry’s exercise of his authority. Harry feels he needs to demonstrate to both inmates and other staff that he is always in control, and he sees this as essential for his work as a correctional officer. In his view, those who demonstrate the most power in the prison environment will prevail. Harry has always used formal methods to control George before, but it seems to him that this approach has not changed George’s attitude toward him. Harry wants his coworkers to see that he can control George because this is expected by the prison officer culture, which requires that officers never show leniency toward inmates and that they provide unquestioning support to coworkers, especially in the face of inmate resistance. Harry knows that informal methods are sometimes more effective with inmates than formal processes.

    4. What ethical theories does he call to mind to assist him in resolving the dilemma?

    In this case, Harry will apply ethical egoism to the dilemma.

    5. What are Harry’s available courses of action?

    Harry can either follow the formal disciplinary process, or he may use informal methods to punish George.

    6. Harry will make his decision after applying, in this case, the ethical egoism approach to each alternative course of action, and he will choose the course of action that is the most ethically appropriate for him under ethical egoism.

    A process for assessing an ethical dilemma from an ethical egoism perspective is set out in the “Ethical Egoism Evaluation of Ethical Dilemmas” Closer Look boxes. Applications of these criteria are shown in the “Applying Ethical Egoism” Closer Look box.

    Recalling that egoists are self-centered, inconsiderate, unfeeling pursuers of the good things in life, whatever may be the cost to others, and that egoists also put themselves above the well-being of others, it is hard to advocate this approach to ethical decision-making as an ethical approach at all. It contrasts with almost all other systems of morality, which take the view that we ought to act unselfishly, that we ought to take other people’s interests into account, and that we should care for, rather than harm, other people (Rachels 1999: 70).

    Case Study 15.1 Giving Your Own Punishment

    Harry is a corrections officer at the Grim Correctional Center. He has a reputation among his coworkers for being very strict with inmates and always being ready to issue violations for the slightest breach of prison rules. One of the inmates he has charge over on his wing is George, a career criminal and experienced prisoner. George and Harry do not like each other, and George often tries to challenge Harry’s authority by breaking prison rules or threatening to break them. In the past, Harry has reacted to this resistance by issuing many citations for rule violations and having George dealt with through the inmate disciplinary process. Harry has now reached the stage where he is tired of having his authority questioned by George and has decided to show him who is really the boss. He decides that he will use informal methods to punish George and reinforce his own authority over him. One Friday, Harry inspects George’s cell and finds that George has two more pictures in his cell than is permitted by the rules, according to his inmate classification. Harry considers whether or not he should seize on this violation to use informal means to impose his will on George or whether he should follow proper prison procedures for dealing with rule violations. He knows that prison officers can use various informal ways of controlling prisoners, even though the rules do not allow these methods to be used. Examples would include not telling an inmate about a scheduled visitor appointment, withholding toilet paper, or shutting off the hot water to an inmate’s cell. He decides to think about a possible informal way to deal with George. In his mind, he formulates the following plan. Instead of issuing a disciplinary report for the extra pictures, Harry will not unlock George’s cell the next morning during the daily prison routine and will secretly place a “keep lock” tag on George’s cell door. This tag will indicate to other correctional officers that George is to remain locked in his cell and will suggest that a formal order has been given to this effect. This also means that George will remain locked in the cell until he can get someone’s attention and complain to the deputy superintendent, who will not be on duty until Monday morning. Harry now has to decide whether to act formally or informally.

    A Closer Look

    Ethical Egoism Evaluation of Ethical Dilemmas

    1. What act would most benefit me?

    2. How will my self-interest best be promoted?

    3. The most ethical course of action is that which is best for me.

    4. Will others benefit from what would most benefit me?

    A Closer Look

    Applying Ethical Egoism

    1. What act would most benefit me?

    In considering whether to use formal or informal methods to punish George, Harry must consider which action will give him the most benefit. If he takes a formal approach, he knows from past experience that George will continue to resist his efforts to bring George under his control. He feels this will make him look bad in the eyes of other inmates as well as his coworkers. If he takes an informal approach toward controlling George, something he has never done before, he thinks it might be more effective in establishing his control over George. He also thinks he would look better in the eyes of his colleagues if the informal approach works.

    2. How will my self-interest best be promoted?

    Harry believes his self-interest will be best served by gaining control over George, and therefore, the question is which method, informal or formal, will give him that control over the inmate. He is aware that formal methods have not worked so far, and his inclination is that informal methods will best serve his self-interest.

    3. The most ethical action is that which is best for me.

    Harry thinks that what is best for him is to adopt the best method to finally get control over George. Again, he has to decide based on his past experience whether formal or informal methods of disciplining George will be best for him. He also has to consider whether the act of breaking prison rules by applying informal disciplinary methods will have a negative affect on him or on his career if his actions are discovered. In this case, he believes that his actions will not be discovered by the administration because the prison officer subculture will ensure that his informal methods of punishment are not revealed to his supervisors. Even if they are discovered, he believes he can claim he just made a mistake.

    4. Will others benefit from the action that would most benefit me?

    Ethical egoism does not require that one choose an act that will benefit others. It only requires that an act benefit oneself. However, if an act also benefits others in the process of benefiting oneself, that act is still considered ethically correct under an ethical egoist approach. In this case, Harry thinks that gaining control over George using informal methods will also benefit other prison officers because, if he is successful, they will be able to control George more effectively as well and will not have to resort to informal means of controlling him. He also feels that after his demonstration of officer superiority all inmates will show more respect for the prison officers generally in the future.

    In all the circumstances, it is clear that the appropriate course of action for Harry, applying the ethical egoist perspective, is to take informal action against George because that will best serve his own self-interest.

    SOURCE: Glover 1999.

    SUMMARY

    Stoicism, ethical egoism, and hedonism have very little following among moral philosophers, even though egoism and hedonism celebrate self-gratification in ways that seem to accord with the values of modern consumer society. However, in ethical terms, they appear to have little to offer.

    Stoicism is a complex ethical theory founded, like virtue ethics, during a particular period in history when one civilization was being replaced with another and when philosophical issues were generated by societal change. Stoics argue that a person should learn to become indifferent to external differences and should cultivate a life of indifference. Essentially, it asks that we accept that some things are within our power to change and influence, and others are not. Stoicism tries to persuade us that we can achieve a good will by remaining indifferent to external events and by learning to accept things we cannot change. This is consistent with the Stoic belief in predestination, which emphasizes that nothing happens by chance, that whatever happens has a rational explanation, and that whatever happens is always for the best. Stoics argue that if we try to resist events that have been predetermined, we simply generate frustration and despair within ourselves. In some respects, Stoicism shares the concern of virtue ethics with individual character because it argues that developing the appropriate stoic frame of mind will lead us to virtue.

    Hedonism advocates the pursuit of pleasure as the sole good. There are two types of hedonism: psychological hedonism and ethical hedonism. Psychological hedonism assumes that we all look for pleasure in our lives and that all our actions are aimed at achieving pleasure and avoiding pain. Ethical hedonism is the moral version of hedonism, asserting that people not only seek pleasure but also ought to seek pleasure because pleasure alone is good. Quite simply, the answer to the question “How ought I to act?” is answered by hedonists through their contention that the good life is a life of pleasure and that a person ought to act in ways that will achieve pleasure. However, it is difficult to accept that this notion can form the sole basis for deciding how to act ethically in our lives.

    Ethical egoists try to persuade us that the right action is one that promotes our own self- interest, and typically, egoists advocate the pursuit of the good things in life regardless of the feelings or concerns of others. Like hedonism, egoism is divided into two forms— namely, psychological egoism and ethical egoism. Psychological egoism suggests that all humans are motivated and act according to egoist concerns and denies all altruistic explanations of behavior, instead contending that apparently unselfish acts are always carried out for egotistical reasons. Ethical egoists claim that morality and reason are served only by promoting one’s own greatest good and self-interest and that we ought to behave in a way that is best for ourselves. This does not mean that we must avoid actions that might help others but rather that we are duty bound to stress the promotion of our own interests.

    Among the many criticisms of ethical egoism is the fact that it is quite arbitrary and resembles racism in its regard for the interests of one group as being more important than the interests of others. That is, it divides the world into others and ourselves, and it subordinates all other interests to our own interests. Additionally, it would seem that ethical

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Reading Reflection And Discussion

Every day you are required to participate in the online discussion board There are two topics under the discussion forum: Discussion and Reflection.

 

PART I (Discussion)

 

 

To earn your Discussion credit for the day you must 1) post a thought provoking interpretation of a concept that was introduced in the assigned materials for that day, and 2) respond to at least one other student interpretation with a post that references at least one concept that was introduced materials assigned that day.

 

The following would be considered good examples of a “though provoking interpretation”:

 

1. A comment about a theory we studied for the day that helps to explain a current newsworthy crime event that you are interested in.

2. A comment that attempts to explain how two or more theories we studied for the day offer complimentary or competing explanations of crime.

3. A comment about how a theory we studied either previously in the course or during the daily unit helps us understand one of that day’s assigned podcasts or documentaries.

 

 

The following would not be considered a good example of a “thought provoking interpretation”, and would not earn you credit for the day:

 

1. A comment about not understanding some theory or concept from the readings.

2. A comment expressing that you liked or did not like one of the assigned materials.

 

 

PART II (Reflection)

 

To earn your reflection credit you need to write one post for the day that includes 1. At least one paragraph summarizing the main concepts and/or content introduced in the assigned readings/videos/podcasts for the day, 2. At least one paragraph that explains how the assigned videos/audio recordings introduces us to a new or different understanding of crime that we have not yet studied and/or expands upon some understanding of crime that we have looked at in a previous unit, and 3. At least one paragraph that utilizes one major concept from the assigned materials that day to connect to one current event that you can find from the news. Again, failure to do either of these components results in a loss of your reflection credit for the day.

Reentry Plan Of King CountyW2.1

In this assignment, you identify the steps involved in the prerelease planning stage.

Refer to Goals 1-4 of King County’s Offender Reentry Plan (pp. 12-15) to complete this assignment.

Review the following goals, strategies and proposed activities that make up the reentry process:

  • Goal 1: Address housing needs of inmates post-incarceration.
  • Goal 2: Assist inmates in obtaining employment post-release.
  • Goal 3: Provide resources for mental health, medical, and substance abuse treatment during and after incarceration.
  • Goal 4: Connect offenders with appropriate government benefits.

Identify 2 strategies from each goal, and describe how the associated activity will benefit the offender in at least 175 words per strategy.

Describe 3 additional activities per each identified strategy that would contribute to the success of the offender to meet the goal.

Format your paper consistent with APA guidelines.

Click the Assignment Files tab to submit your assignment.

Offender Reentry Plan

 

Department of Community and Human Services

Mental Health, Chemical Abuse and Dependency Services Division

March 2011

 

 

Offender Reentry Plan March 2011

Page 2 of 28

Table of Contents

 

 

Executive Summary …………………………………………………………………………………………………………. 3

Population Needs ……………………………………………………………………………………………………………. 4

Offender Reentry ……………………………………………………………………………………………………………. 6

Reentry Plan …………………………………………………………………………………………………………………… 7

Offender Reentry Task Force …………………………………………………………………………………………… 8

Population of Focus ……………………………………………………………………………………………………….. 8

Offender Reentry Plan Mission Statement …………………………………………………………………………. 9

Proposed Policy Goals and Objectives ……………………………………………………………………………….. 9

Implementation Schedule ……………………………………………………………………………………………… 10

Goal 1: Housing …………………………………………………………………………………………………………….. 12

Goal 2: Employment ……………………………………………………………………………………………………… 13

Goal 3: Mental Health and Chemical Dependency …………………………………………………………….. 14

Goal 4: Assistance Programs …………………………………………………………………………………………… 15

Appendix A: Jail Population …………………………………………………………………………………………… 16

Appendix B: King County Criminal Justice Initiative ………………………………………………………….. 17

Appendix C: Seattle-King County Public Health Jail Health Services ……………………………………. 18

Appendix D: King County Community Corrections ……………………………………………………………. 19

Appendix E: Trauma-Informed Care ……………………………………………………………………………….. 22

Appendix F: Community Services Division Offender Reentry Programs ………………………………. 24

Appendix G: Offender Reentry Resources ……………………………………………………………………….. 26

References …………………………………………………………………………………………………………………… 27

 

 

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Executive Summary

Problem

Each day, over one hundred individuals return to our community from jails throughout King County. Many of these individuals face the same problems leaving jail as they did entering, including poverty, unemployment, unstable housing or homelessness, mental illness and/or chemical dependency. Such difficulties may contribute to involvement in the criminal justice system, while, if addressed, the likelihood that a released individual will re-offend may be reduced. Unfortunately, as governments at all levels reduce funding for services in the face of budget crises, the number of individuals in our community and in our criminal justice system facing these difficulties may increase. According to the U.S. Department of Justice, national data on local jail inmates portrays a distressed and vulnerable population cycling in and out of the corrections system. The most recent report from the U.S. Department of Justice (2011) shows that over two-thirds of jail inmates are repeat offenders (a rate that has been consistent for decades), having been admitted and released from jail at least once before. This high rate of recidivism suggests that new or improved services are needed to successfully reintegrate offenders into mainstream community living. Reduced recidivism through successful community reentry improves public safety. Solution

To address this problem, King County, in collaboration with system partners, is developing a plan for offender reentry. The plan creates a framework to guide comprehensive and coordinated policies and services for individuals transitioning from jail to community, including individuals released directly to the community and individuals who participate in community corrections programs, with the general outcome goals of reducing recidivism, improving public safety, and assisting individuals with successfully integrating into their communities. The County will also convene a reentry task force to oversee the implementation of the strategic plan. Guided by the common vision outlined in the plan, regional stakeholders will seek opportunities and funding to implement new programs and services.

Modeled after the federal offender reentry initiative, the approach in this reentry plan provides King County and its regional partners with an opportunity to reduce recidivism, save taxpayer dollars and make our community safer. The King County Offender Reentry Plan outlines evidence-based and best practice reentry strategies that are designed to improve public safety and enhance the community. Proposed Goals

The King County Offender Reentry Plan is intended to serve as a resource and starting point for stakeholders involved in offender reentry. The plan provides an overview of the local jail population and discusses common areas of need, proposing initial goals, objectives and strategies for addressing these needs. The proposed goals are:

• Improve the housing status of individuals leaving jail.

 

 

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• Improve rates of self-sufficient employment for individuals leaving jail.

• Provide access to effective mental health, chemical dependency, and primary care treatment services for inmates before and after their release from jail

 

• Sustain offenders’ access to government assistance programs.

Improve case management systems.

• Increase reentering offenders’ connections to family and community.

• Improve offender access to basic resources and services in the community after release. Population Needs

In 2010, King County’s jails had approximately 43,000 bookings and housed on average each day about 2,100 individuals. By the end of 2011, jails operated by cities in the county will house an estimated 600 individuals each day (DAJD, 2010). Before entering jail, many of these individuals faced serious difficulties that contributed to their involvement in the criminal justice system. Some of the issues leading to criminal behavior and recidivism include: mental illness, chemical dependency, low income, unemployment, limited education, and homelessness (Urban Institute, 2008). As discussed in Table 1, these obstacles are indeed a problem for jail inmates. Table 1: Common factors linked to criminal activity and recidivism faced by jail inmates Mental Illness

Nationally, 64% of jail inmates have a diagnosable mental illness and 16% have a serious mental illness (Bureau of Justice Statistics, 2006; Morrissey et al., 2007). Inmates in King County Correctional Facility (KCCF) who spend over 72 hours in jail average a twelve day length of stay compared to individuals with mental illness, who spend an average 158 days in jail (King County Dept. of Community and Human Services, 2007). The 2011 charge per inmate in King County jails is $120 per day. This cost can triple if special psychiatric housing is required. Moreover, national averages show that within 18 months of release 64% of former inmates with mental illness are re- arrested compared to only 30% of those without (Bazelon, 2009).

Histories of trauma follow many jail inmates. Fifty-five percent of female inmates have suffered lifetime physical or sexual abuse, as have 13% of male inmates. Sixty-two percent of female inmates experienced intimate partner violence, and 35% of all inmates have been injured in an assault (US Department of Justice, 2004). It is well known that histories of abuse and violence increase the likelihood of behavioral health problems. See Appendix A for more information on trauma-informed care.

Substance Use Disorders

The National Bureau of Justice Statistics (2006) estimates that 76% of jail inmates abuse alcohol or drugs and 34% were using at the time of offense. Substance use disorders among mentally ill individuals increase the likelihood of arrest by 500% (King County Dept. of Community and Human Services, 2007). Chemically dependent individuals are more likely to be homeless and to have histories of abuse and mental illness, which compounds the probability of criminal behavior and re-offending (Urban Institute, 2008). Fortunately, chemical dependency treatment has been shown to reduce recidivism (Krebs, Strom, Koetse & Lattimore, 2009).

 

 

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Employment & Education

Employment and higher wages are both negatively associated with rates of recidivism (Economic Policy Institute, 2000). Employment provides income for basic needs, structures daily life, reduces the temptation to use drugs or engage in criminal activity, and diminishes the pressure to earn money through illegal means (Freudenberg, 2006). Nationally, only 66% of male and 25% of female inmates had formal income in the month prior to arrest. Of those, less than 13% earned more than $2,000 per month (US Department of Justice, 2004). When released, jail inmates face many obstacles to obtaining legitimate and stable employment, including low levels of education, limited work history, limited vocational skills, and prohibitions against hiring workers with criminal histories (Holzer, Raphael, & Stoll, 2004).

Poor education is a major obstacle to employment. Sixty percent of jail inmates in the U.S. lack a high school diploma or its equivalent, yet jails are only required to provide basic education to those less than 18 years of age (Freudenberg, 2006). Nationally, 60% of jail inmates held less than a high school diploma and only 3% held a college degree (U.S. Department of Justice, 2004).

Homelessness

An estimated 8,800 King County residents are homeless each night. Mental illness, chemical dependency, or both are common problems among these individuals. In 1998, a study by King County estimated that homeless individuals enrolled in mental health services were 400% more likely to be incarcerated than housed individuals receiving the same services (King County Dept. of Community and Human Services, 2007). This estimate does not include the many individuals not receiving services. Nationally, it is estimated that 14% of jail inmates were homeless at the time of arrest (U.S. Department of Justice, 2004). In addition, many offenders find it challenging to comply with treatment when they do not have stable housing.

Equity and Social Justice

According to the national Dellums Report (2006), young men of color are disproportionately represented in the criminal justice system. The report found that young men of color face many more social and institutional obstacles in American society than any other demographic group. King County Council unanimously passed Ordinance 2010-0509, “establishing definitions and directing implementation steps related to the fair and just principle of the adopted 2010-2014 countywide strategic plan.” This ordinance provides guidance on moving our work on equity and social justice from an initiative to integrating it into the fabric of our daily work at King County. Specifically, the ordinance challenges us to: Raise and sustain the visibility of the countywide strategic plan’s fair and just principle.

Disconnect from Resources

Many jail inmates are resource poor and living near or below the poverty line. Accordingly, many of them receive or are eligible for assistance from government programs, including social security, supplemental security income, workers compensation and veteran benefits. However, these benefits are terminated for inmates depending upon their length of incarceration. This drop in financial aid support puts individuals at increased risk for homelessness and financial desperation, in addition to a strain on relationships and alienation from families and community support systems. Loss of treatment and loss of access to medication increases an offender’s likelihood of mental health or chemical dependency relapse (Urban Institute, 2008). Re-activating benefits and restoring eligibility can take several months.

After release from jail, these problems still exist and can be complicated by disrupting employment or services. Aside from high school equivalency education, inmates in jail have limited access to educational opportunities. A criminal arrest or a period of incarceration may

 

 

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cost an inmate his/her job. Even if an inmate is allowed to keep his/her job after incarceration, his/her inability to work during that period results in a loss of income. For unemployed individuals, incarceration and criminal history further limit employment options. The resulting loss of income decreases the housing stability of a person with low income. Lastly, the stress and trauma of the jail setting may worsen symptoms of mental illness and substance-abusing behavior (Center for Mental Health Services, 2007; Neller, Denney, Pietz & Thomlinson, 2006). By assisting released inmates in overcoming these obstacles, a coordinated and organized reentry service system will help individuals achieve stability and end a cycle of criminal re-offending. Reduced recidivism means an increase in public safety, decrease in jail overcrowding, and lowered taxpayer burden. Offender Reentry

‘Reentry’ refers to the process of transition from jail to the community for individuals leaving incarceration. Successful reintegration into the community from jail requires that the released individual obtains stable housing and employment; receives services for and works toward mental health and/or chemical dependency recovery; and chooses not to engage in criminal behavior. Reentry programs typically direct resources at one or more of these specific areas of need (Council of State Governments, 2005).

Addressing the needs of vulnerable populations has been a priority in King County over many years. The result is that King County has a strong foundation upon which a comprehensive and well-coordinated reentry system can be built. (See the appendices for an array of existing programs.) For example, the Adult Justice Operational Master Plan (Phase I AJOMP) was approved by the King County Council in July 2002 in order to reduce the use of the King County Jail by restricting utilization to higher risk populations: 1) offenders who are a public safety or flight risk, and 2) offenders who have failed other intermediate sanctions. Outcomes of this phase of the AJOMP included the creation of the Department of Adult and Juvenile Detention’s Community Corrections Division (CCD) and the Community and Human Services Division’s Criminal Justice Initiative. Established in 2002, CCD operates a range of programs, including Work Education Release, Electronic Home Detention, Community Center for Alternative Programs (CCAP), Community Work Program, and Helping Hands Program. See Appendix D for more information on CCD. In 2003 King County implemented a range of programs and services to help people in the criminal justice system with unmet mental health or substance abuse needs connect to treatment services, stable housing, and other supports as alternatives to incarceration. The Criminal Justice Initiatives (CJI) Project was created and County funding dedicated through the closure of two county operated substance abuse residential treatment programs. Cost savings from these closures was appropriated to the Department of Community and Human Services/Mental Health, Chemical Abuse and Dependency Services Division (MHCADSD) to manage the CJI beginning in 2003 with the following goals:

• Reduce offender-client involvement in the criminal justice system while preserving public safety; and

 

 

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• Curtail the need to build a third King County Jail venue for adult detainees. The CJI offers effective alternatives and reentry programs for indigent and low income adult individuals with severe mental health and/or substance use disorders who may also be homeless. Additionally, CJI programs provide housing access and support, assistance with obtaining publicly funded benefits, and integrated treatment for offender-clients with co-occurring mental health and substance use disorders. The programs target individuals with severe mental illness who are “high-utilizers” of the KCCF and municipal jails in King County, meaning individuals with high rates of recidivism that is exacerbated by mental illness and/or COD. In its fourth year, 2008, the CJI served 638 individuals. The programs proved successful in reducing participants’ incidence of jail bookings. Additionally, nearly half of the participants had positive clinical treatment dispositions. Moreover, evaluations have found that modest reductions in recidivism offset the cost of jail- based reentry programs. See Appendix B for an overview of CJI programs. Also included in the appendices are overviews of current reentry activities underway and summaries of the local jails in King County. In 2010, King County approved the King County Strategic Plan which contains several objectives and strategies supported by this reentry plan. Under the goal to, “promote opportunities for all communities and individuals to realize their full potential.”, there is an objective to, “ensure a network of integrated and effective health and human services is available to people in need.” The first strategy within this objective is to, “facilitate access to programs that reduce or prevent involvement in the criminal justice, crisis mental health, and emergency medical systems.” In addition, under the goal to support safe communities, there are objectives and strategies that promote a continuum of effective diversion and alternative programs. The Offender Reentry Plan will assist in the achievement of these strategies and objectives. Reentry Plan

The purpose of the Offender Reentry Plan is to outline a framework for a coordinated and effective reentry system; identify gaps in services and develop improvements to address these gaps; coordinate services into a seamless continuum of care; inform future policy decisions; and position the county to receive Second Chance Act and other grant funding. In 2008, President Bush signed into law the Second Chance Act (P.L. 110-199) which provides $50- $100 million annually to local and state governments for the implementation of reentry programs for released prison and jail inmates. The goal of the act is to provide offenders with needed services in order to reduce recidivism and improve public safety.

Offender Reentry Task Force

The Offender Reentry Plan includes the implementation of a Reentry Task Force. The task force would consist of a diverse group of agencies throughout the region, including representatives from:

 

 

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• Law enforcement – King County Sheriff’s office and local police departments

• Courts – Superior Court, District Court, and municipal courts

• Probation – District Court and municipal courts

• Mental health, chemical dependency and social service providers

• Prosecuting Attorney’s Office

• Public defense agencies

• Community corrections – King County and city jails

• Jails –Department of Adult and Juvenile Detention (jail) and city jails

• Washington State Department of Corrections

• Jail Health Services

• Department of Judicial Administration

• Department of Community and Human Services

• Executive and Council – King County Executive Office, King County Council, and corresponding city representatives

 

• Community stakeholders King County will designate a reentry coordinator to identify gaps in service and provide coordinated services to offenders who have a high risk of recidivism and have re-integration needs, such as housing, employment, health care, and mental health and/or substance abuse treatment, that can be difficult to address. Population of Focus

The King County Offender Reentry Plan will initially focus on the locally sentenced offender population and those individuals held in jail on pre-trial orders longer than 14 days and released to the community. This population is prioritized due to the higher risk nature of these offenders. Focusing the plan on those individuals more likely to re-offend will increase the likelihood of having a measurable effect on reducing recidivism and documenting success. Another focus of this plan will be services and supports for particularly vulnerable populations, including women, veterans and homeless individuals. Offender Reentry Plan Mission

 

 

 

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A reentry plans should be a holistic and systematic approach that seeks to reduce the likelihood of additional criminal behavior. Beginning at sentencing and extending beyond release, the reentry plan will assess, identify and link offenders with services specific to their needs. This will be accomplished through associations with community partners, families, criminal justice system partners, and victims. Reentry means going home to stay. Policy Goals and Objectives

The following proposed goals and objectives address important areas of need: housing, employment, mental health, chemical dependency, access to government assistance, and broad community-based organization involvement and support. Goals are divided into suggested objectives, strategies and activities.

1. Improve the housing status of individuals leaving jail.

a. Reduce the number of inmates leaving jail who become homeless or reliant upon public shelters.

b. Increase stability for marginally housed individuals leaving jail. c. Increase the number of inmates who retain existing housing during short-term

incarcerations.

2. Improve rates of self-sufficient employment for individuals leaving jail.

a. Increase availability of evidence-based education, job training, and vocational programs by expanding the current vocational trainings program.

b. Increase the abilities of reentering individuals to compete in the labor market by expanding the King County Jobs Initiative.

c. Extend high school equivalency programs to all inmates and connect inmates to service providers in the community who can offer continued educational opportunities and/or connections to employment.

3. Provide access to effective mental health, chemical dependency, and primary care treatment services for inmates before and after their release from jail.

a. Increase use of evidence-based mental health, chemical dependency, and primary care screening, assessment and treatment services in the criminal justice system.

b. Ensure access to effective community based mental health, chemical dependency, and primary care treatment.

 

4. Sustain offenders’ access to government assistance programs.

a. Increase timeliness of enrollment in government assistance programs b. Prevent or reduce disruption in benefits for inmates as they reenter the

community

 

 

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5. Improve case management systems to record baseline data on the reentering population; store information on offender risks and needs; identify returns to jail/re- arrests; and grant access to government and community service providers to promote continuity of care and case management during incarceration, transition, and post- release.

a. Support the creation of a shared data management information system b. Support the creation of mechanisms to share data across all jails, local law

enforcement in King County, and other county criminal justice agencies

6. Increase reentering offenders’ connections to family and community.

a. Promote access to mentoring services from secular community organizations and faith-based groups

b. Create linkages to child support assistance programs, family counseling and family reunification services

c. Provide access to parenting classes, anger management, and other life skills classes

d. Involve family and/or community members in the release planning process

7. Improve offender access to basic resources and services in the community after release.

a. Provide exiting individuals with a written release plan b. Promote access to education opportunities for offenders leaving jail c. Provide access to transportation to mental health and substance/alcohol abuse

treatment (through actual transportation or transportation vouchers/bus passes) d. Provide access to clothes for job interviews e. Provide access to food vouchers, etc

Implementation Schedule

The execution of all of the proposed goals within the Offender Reentry Plan will create a comprehensive and coordinated reentry system in King County. The degree and speed with which this region can achieve this system will depend on funding availability. With the support of the Offender Reentry Taskforce, King County will actively seek Second Chance Act funding to implement components of the plan. It is important to note that many components of the plan are expansions and/or enhancements, as this region has an existing infrastructure on which to build this reentry initiative.

 

 

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Conclusion

The King County Offender Reentry Plan was created by a large group of stakeholders under the leadership of the King County Council and King County Executive through King County Motion 13279. A MOTION requesting the departments of community and human services and adult and juvenile detention along with public health, superior court, district court, prosecuting attorney, sheriff’s office, public defender and input from local jails and community stakeholders to develop and submit for council acceptance, a strategic plan for offender reentry from jail facilities and community corrections programs in King County.

 

 

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Expand capacity of CJI housing voucher program.

Develop admission and eviction policies for public housing that consider individual circumstances.

Eliminate blanket prohibitions in public housing against individuals with criminal histories.

Encourage government and nonprofit housing programs to develop housing options accessible to people leaving jail.

Coordinate with Public Housing Authority to adopt more inclusive eligibility criteria for Section 8.

Leverage funding for traditional public safety to be used in development of supportive transitional housing.

Adopt an evidence-based assessment to determine level of need.

Seek funding for increased number of jail intake personnel.

Reduce the number of inmates leaving jail who become homeless or reliant upon public shelters.

Increase stability for marginally housed individuals leaving jail.

Educate inmates on strategies for finding and maintaining housing. Ensure transition planners are familiar with the

full range of available housing options.

Assess at intake the individual housing needs of inmates.

Leverage existing funding to support housing for former jail inmates.

Improve housing-market options for former inmates.

Objectives Strategies Proposed Activities

Provide family counseling and support services.

Provide workshops and literature on tenant rights and appropriate housing services.

Increase family stability for inmates who plan to live with their families.

Increase the number of inmates who retain existing housing during short-term incarcerations.

Goal 1: Improve the housing status of individuals leaving jail.

 

 

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Analyze the local job market to identify labor market need.

Determine which industries and/or major employers hire workers with criminal histories.

Assess individual education and vocational needs using an evidence-based tool.

Engage community service providers to implement jail-based education programs.

Extend high school equivalency programs to all inmates regardless of age.

Provide jail-based trainings/workshops on financial management, employment skills and job-search.

Expand supported-employment programs for former inmates with disabilities.

Support inmates in initiating job-search prior to release.

Increase availability of evidence-based education, job training and vocational programs by expanding the current vocational training programs.

Increase the abilities of reentering individuals to compete in the labor market by expanding the King County Jobs Initiative.

Identify and develop skill-building volunteer or internship opportunities for those inmates with limited work experience.

Prepare inmates for entry and success in the mainstream labor market.

Provide basic education opportunities for inmates.

Provide vocational training that meets local labor market needs.

Objectives Strategies Proposed Activities

Review laws and policies that affect employment of people with criminal histories and eliminate those that are not directly tied to public safety.

Work with inmates to create written release- plans that include information on prospective employers, vocational/education opportunities, documentation of inmates’ unique skills and experience, and options to obtain ID card

Work with employers to increase and improve job opportunities for people leaving jail.

Create, expand and publicize incentives for hiring and retaining newly-released inmates.

Extend high school equivalence programs to all inmates and connect inmates to service providers in the community who can offer continued educational opportunities and/or connections to employment.

Goal 2: Improve rates of self-sufficient employment for individuals leaving jail.

 

 

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Build capacity of mental health courts to direct more individuals with mental illness from jail to more appropriate interventions.

Assess individual mental health needs of inmates using and evidence-based tool.

Collaborate with RSN* agencies to provide individual jail-based mental health treatment.

Provide on-going open-door therapeutic groups for specific mental health issues.

Ensure that jails provide access to the most appropriate and effective psychotropic medication.

Encourage the use of trauma-informed interventions for current and former inmates.

Educate community mental health providers to understand the psychological effects of justice-system involvement on mental health treatment.

Expand capacity of Forensic Assertive Community Treatment teams to work with high-need jail-utilizers.

Increase the use evidence based mental health, chemical dependency, and primary care screening, assessment and treatment services in the criminal justice system.

Ensure access to effective community based mental health, chemical dependency, and primary care treatment.

Provide culturally appropriate and holistic community treatment.

Increase capacity of jail- based mental health treatment.

Route inmates with mental illness to the most appropriate and effective services.

Objectives Strategies Proposed Activities

Ensure that criminal history does not impede individuals’ access to community mental health or RSN services.

Provide individualized support to inmates with mental illness as they reenter the community.

Provide inmates who have mental health prescriptions with a sufficient interim supply upon release.

Goal 3: Provide access to effective mental health, chemical dependency, and primary care services for inmates before and after their release from jail.

 

 

 

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Screen inmates for eligibility for TANF, Medicaid, SSI, food stamps and veteran benefits.

Train transition support personnel on federal and state benefit guidelines.

Provide inmates with identification documents while in jail.

Increase number of criminal justice liaisons.

Assist local social service agencies providing culturally appropriate and trauma-informed mental health and chemical dependency recovery services.

Identify local agencies with services targeting former inmates and those with criminal histories

Work with community social service providers to ensure they do not exclude those with criminal histories.

Add benefit preservation to county’s lobbying initiatives with the state.

Encourage probation officers to adopt a narrow definition of “in violation of conditions of probation” for purposes of TANF, food stamps, SSI and public housing.

Increase enrollment in government benefit programs.

Prevent or reduce disruption in benefits for inmates as they reenter the community.

Suspend rather than terminate federal benefits when an individual is incarcerated

Work with local social security office to establish methods for continuity of coverage

Prevent criminal history from excluding individuals from social services.

Assist inmates in applying for benefits.

Assess inmates’ eligibility for benefits.

Objectives Strategies Proposed Activities

Goal 4: Sustain offenders’ use of government assistance programs.

 

 

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Appendix A: King County Jail Population As seen in Table 3, the large majority of inmates in KCCF are male, comprising 87 percent of the jail population. At 36 percent of the inmate population and only 6 percent of the general population in King County, African-American individuals are vastly over-represented in KCCF. Similarly, Native American individuals are present in jail at three times their rate in the general public. This data suggests that improving systems to reduce recidivism is not just a financial issue, but an issue of equity as well.

 

The majority of the KCCF population is incarcerated for non-violent offenses. Sixty-five percent of the population is being held for non-compliance, drugs, property crime or ‘other’ offense (King County, 2008). Table 4 lists the offenses for which KCCF inmates are being held.

 

Table 3: Percentage Average Daily Population by race and gender in KCCF and general county population, 2008

Male

Female

Total

General Population in King County

White / Caucasian 48% 7% 55% 75%

Black / African American 32% 4% 36% 6%

Asian-American 5% 1% 6% 13%

Native American 2% 1% 3% 1%

Total 87% 13%

(King County Department of Adult and Juvenile Detention) (US Census Bureau, 2008) *Data on percentage of Latina/o inmates not available from KC Department of Adult and Juvenile Detention

Table 4: Average Daily Population by Offense Category, 2008

Number Percentage

Non-Compliance 463 18.0%

Drugs 460 17.9%

Other 388 15.1%

Property 356 13.8%

Assault 304 11.8%

Sex Crimes 125 4.9%

DUI 126 4.9%

Robbery 110 4.3%

Domestic Violence 91 3.5%

Homicide 82 3.2%

Traffic (non-alcohol) 46 1.8%

Criminal Trespass 17 0.7%

Prostitution 9 0.3%

(King County Department of Adult and Juvenile Detention)

 

 

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Appendix B: King County Criminal Justice Initiatives

 

 

 

 

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Appendix C: Seattle-King County Public Health Jail Health Services

King County Correctional Facility/ Maleng Regional Justice Center

Public Health Seattle-King County Jail Health Services

Re-entry and Release Planning Service

Jail Health Release Planning addresses the issues that keep a patient returning to jail and/ or emergency facilities by connecting patients with priority conditions to necessary community services. Release Planning focuses on patients that are high system utilizers who often have the highest rates of recidivism.

Priority Conditions

Adolescence HIV positive Chemical Dependency Frail or Elderly Emergent/Chronic Medical Concerns Mental Illness (chronic/acute) Pregnancy Developmental Disabilities

Once a release date is established, the Release Planner and patient collaborate on a plan for re- entry back into the community. This can include setting up benefits, medical appointments, nursing care, crisis respite, coordinating mental health and chemical dependency treatment and linkage to community re-entry case managers.

Release Planning utilizes a client centered approach that focuses on harm reduction while using motivational techniques. Case loads permitting, Release Planners engage with inmates over multiple jail stays. This acknowledges the long road to recovery and need for re-assessment and modification of a treatment plan as a patient makes progress towards their commitment to change and need for services.

A key component of re-entry is ensuring that patients have linkages to provider(s) in the community. Whenever possible, a direct hand-off to a community provider is coordinated so the patient has a direct linkage to services upon release. If time does not allow for extensive service coordination, patients are given community resource information to address their needs. This includes resource information for employment, emergency services and shelters, housing, medical clinics, mental health agencies, benefits, chemical dependency treatment information, and domestic violence perpetrator and survivor resources.

While in custody, the Release Planner completes a full psycho-social assessment to assist in identifying areas that are in need of intervention. This assessment assists in identifying the level of symptom severity, co-occurring disorders, commitment to treatment, decision-making processes, social skill deficits, functioning levels, interpersonal difficulties, cognitions, and behavior associated with criminal behavior.

Many of our patients are involved with multiple systems, and successful re-entry back into the community requires a high level of coordination among these agencies. Re-entry also requires making appropriate community referrals that meet patient needs, levels of functioning, legal requirements, and motivation for treatment. Jail Health Release Planning provides re-entry services through accurate needs assessment, coordination of care, and linkage to community services.

 

 

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Appendix D: King County Community Corrections

The Department of Adult and Juvenile Detention

Community Corrections Division

 

Background

� Spring of 2002 – the King County Executive, Chair of the King County Council,

Presiding Judge of the Superior Court, Presiding Judge of the District Court and Prosecuting Attorney call for the implementation of a Community Corrections operation

� Working group headed by Chief Deputy of the Prosecuting Attorney’s Office, submitted

a plan to the Criminal Justice Council – Plan called for Community Corrections to continue Work and Education Release

(WER) and Electronic Home Detention (EHD), consolidate offender work crews into the Community Work Program (CWP), and establish a Day Reporting Center

� Criminal Justice (CJ) Council approved plan and submitted it to King County Council for

approval – The working group was reconstituted as the CJ Implementation Group to oversee

the implementation of the plan; CJ Implementation groups meets every other week

� December 16, 2002 – County Council passed an Ordinance creating the Community

Corrections Division

Community Corrections Programs and Services:

� Work-Education Release (WER) � Re-licensing Programs & Services � Electronic Home Detention (EHD) � Helping Hands Program (HHP) � Intake Services Unit (ISU) � Re-entry Programs & Services � Community Work Program (CWP) � The Learning Center (TLC) � Community Center for Alternative

Programs (CCAP)

Community Corrections Partners include, but are not limited to: � KC Superior Court � KC Department of Judicial Administration � KC District Court � KC Department of Community and Human Services � KC Prosecutor’s Office � United Way of King County � The Public Defender’s Office & Defense

Agencies

� County Council staff representing the Law, Justice and Human Services Committee

 

 

 

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Mission

The Community Corrections Division (a division of the Department of Adult & Juvenile Detention) provides the court system as well as the offender with pretrial and sentenced alternatives to secure confinement aimed at reducing the jail population, decreasing the offender’s failure to appear rate, increasing the offender’s accountability, and reducing the offender’s rate of re-offense. Electronic Home Detention (EHD)

 

Electronic monitoring system restricts pre-trial and sentenced offenders to their home, except to go to work, school, treatment, employment searches, medical appointments, and Court hearings.

• Participants wear electronic bracelet

• Participants pay intake and equipment fees (sliding scale) Work and Education Release (WER)

 

An alcohol & drug free residential program where pre-trial and sentenced offenders go to work, school, conduct employment searches or treatment during the day/evening and return to a secure building at night.

• Participants can participate in limited programming such as AA/NA, religious groups and Life Skills-to-Work at CCAP

• Participants pay an intake fee and room and board (sliding scale)

Community Center for Alternative Programs (CCAP)

Day reporting center provides various treatment & educational programs and services.

• Participants are monitored for drug and alcohol use

• Participants are required to attend weekly itinerary of classes and treatment

• Services are provided without cost to the participants

Community Work Program (CWP)

A supervised manual labor program where sentenced individuals and re-licensing candidates are assigned to work crews throughout the county.

• Revenue supported program

• CWP contracts with municipalities and other government agencies to provide landscaping services

 

 

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Re-entry & Education Programs and Services

 

• Re-entry Case Management Services (RCMS) provides individuals exiting the institution or an alternative program with linkages to health, housing, and social programs and services in the community. RCMS is operated by Sound Mental Health in collaboration with the division and King County DCHS/ Mental Health, Chemical Abuse and Dependency Services Division.

• The Learning Center (TLC) is a collaboration between the division and South Seattle Community College, a higher education institution for the provision of adult education, general education development (GED) preparation, math and science instruction, literacy, life skills, and computer instruction.

 

• King County Criminal Justice Workforce Development Initiative is a collaboration between King County Department of Adult & Juvenile Division (DAJD) and Department of Community & Human Services (DCHS) to develop an integrated system of vocational training and employment services for the criminal justice population. Key partner agencies include King County Jobs Initiative (KCJI) and WorkSource of Seattle-King County.

 

 

 

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Appendix E: Trauma-informed Care An important consideration when thinking about holistic recovery for criminal offenders is the fact that most inmates have experienced traumatic events in their lives that may have created long-term behavioral-health implications. The Diagnostic and Statistical manual (DSM-IV) defines a traumatic event as one in which a person experiences, witnesses, or is confronted with actual or threatened death or serious injury, or threat to the physical integrity of oneself or others. This includes intense fear, helplessness and horror (APA, 2000). Table 2 shows the percentage of jail inmates with lifetime and recent experiences of trauma. Over 90 percent of inmates had experiences of trauma, abuse or both in their lifetimes and over 60 percent had traumatic experiences in the twelve months prior to incarceration. These experiences do not affect each individual in the same way. However, a study of mental health symptoms in jail inmates found that 34 percent of inmates have clinically significant traumatic stress symptoms (Drapaski, et al., 2009). Table 2:Jail Inmates’ Experience of Trauma

% experiencing lifetime % experiencing in last 12 months*

Witness of Violence 65% 32%

Sexual Abuse 55% 32%

Physical Abuse 90% 65%

Any Trauma 94% 65%

Any Abuse 93% 61%

*for those experiencing trauma in lifetime (Steadman, 2010)

Another investigation published in the Journal of Interpersonal Violence found a similar percentage of its sample of inmates reporting a history of trauma, 96 percent. Additionally, 67 percent of this sample reported committing a violent act in the past year. Researchers found that individuals with a trauma history were twice as likely as those without to have been violent in the previous year (Neller, et al., 2006). Addressing the impact of trauma in the lives of offenders will move them closer to recovery and improve public safety. Over the past decade, leaders in mental health have become increasingly aware of the high prevalence and long-term impact of trauma, especially repeated traumas. Researchers have found that 51-98 percent of all individuals with severe mental illness and/or substance abuse disorders have a history of trauma. Moreover, it has been found that the impacts of trauma are cumulative over time and if left unaddressed lead to health problems including heart disease, cancer and liver disease, as well as social problems such as homelessness, prostitution, joblessness and criminal behavior (Center for Mental Health Services, 2007). During the same period of time, emerging best practices and evidence-based interventions have been developed to assist individuals in overcoming personal issues related to past trauma (National Association of State Mental Health Program Directors, 2004). These interventions and clinical perspectives hold great promise in helping meet the recovery goals of jail inmates with mental health or chemical dependency needs.

 

 

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As this evidence suggests, trauma is a major factor exacerbating the difficulties and needs in the lives of jail inmates. Trauma impacts all areas of need identified by this population and therefore must be central to a plan for improving reintegration outcomes. A trauma-informed service system would be “one in which all components of the service system have been reconsidered and evaluated in the light of a basic understanding of the role that violence plays in the lives of people seeking mental health and addiction services” (National Association of State Mental Health Program Directors, 2004, p15).

 

 

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Appendix F: Community Services Division Offender Reentry Programs Veterans Incarcerated Program The Veterans Incarcerated Program (VIP) reduces veteran’s use of King County and suburban jails by seeking veterans out in jail and advocating on behalf of incarcerated veterans. The project provides support services to overcome circumstances that may lead to misdemeanor activities, such as unemployment, homelessness, and/or substance abuse. VIP staff can advocate for reduced sentencing and early release. The King County Veteran’s Program (KCVP) contracts with the Washington State Veterans Administration (WDVA) for these services providing intake, assessments, advocacy and case management to veterans in jail. Three outcomes are measured for this project: 1) the number of veterans achieving early jail release; 2) the jail days saved due to veteran’s early release; and 3) the number of released veterans that do not recidivate. Veteran’s Levy funding allowed access to VIP services to 332 veterans in municipal jails since 2007. Over 18,000 jail days were saved through the work of this program and over 87 percent of clients achieving early release did not recidivate within one year. Work Training Program

Youth Programs

Work Training youth programs prioritize young adults ages 16-24 for education and employment services who are involved with the juvenile or adult criminal justice systems. We have a staff position located at YouthSource at WorkSource Renton that is the single point of contact for both juvenile and adult referrals. This position is jointly funded by Superior Court Community Youth Programs and CCAP. Depending on their needs, interests and age, they are served by either one of our youth or adult programs. We receive state and federal grants to provide services and those vary depending on the funders requirements. Our major youth focus is young adults who have dropped out of high school and who need a GED and further education and training to begin a career. We encourage post-secondary training and credentials in fields that will increase their earning power to a self-sufficiency level. Adult Programs

The King County Jobs Initiative exclusively serves customers involved in the criminal justice system. Account executives provide services as part of the WorkSource one-stop employment system at both WorkSource Renton and Downtown. Customers receive assistance with job readiness and job search as well as training opportunities in fields like Brownfields certification which increases earning towards self-sufficiency. WorkSource Renton is managed by King County Work Training and has an Offender Services Team that assists offenders re-entering the community from both the King County and state facilities. Department of Corrections has a reporting office in the WorkSource Renton building at 500 SW 7th Street in Renton. Customers have access to a variety of education and employment services through the 12 partner organizations at WorkSource Renton.

 

 

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Career Connections at WorkSource Renton serves offenders who are homeless as they re-enter the community and need assistance in order to obtain housing and employment at a self- sufficient level that will enable them to support their children. Assistance with employment and further education and training is provided as well as connection to a variety of community resources.

 

 

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Appendix G: Offender Reentry Resources Urban Institute: Jail Reentry Roundtable Initiative http://www.urban.org/projects/reentry-roundtable/roundtable9.cfm The National Reentry Resource Center http://www.nationalreentryresourcecenter.org/ Reentry Policy Council http://reentry.microportals.net/ National GAINS Center http://www.gainscenter.samhsa.gov/html/ US Department of Justice http://www.reentry.gov/sar/welcome.html Washington State http://www.doc.wa.gov/goals/reentry.asp http://www.doc.wa.gov/docs/StrategicPlan2009-2015.pdf Oregon State http://oregonreentry.wikidot.com/ West Virginia http://www.wvdoc.com/wvdoc/OffenderReEntry/tabid/118/Default.aspx Oklahoma State http://www.ok.gov/re-entry/ Marion County, OR http://oregonreentry.wikidot.com/marion:marion Alameda County, CA http://www.alamedareentryservices.org/ San Francisco Department of Public Health http://sfreentry.com/

 

 

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References American Psychiatric Association. (2000). Diagnostic and statistical manual of mental disorders

(DSM IV-TR), fourth edition. Washington, DC: APA. Bazelon Center for Mental Health Law. (2001). For people with serious mental illness: Finding

the key to successful transition from jail to the community. Washington, DC: Bernstein, R.

Bazelon Center for Mental Health Law. (2009). Lifelines: Linking federal benefits for people exiting corrections. Washington, DC: Koyanagi, C. Bureau of Justice Statistics. (September 6, 2006). Study finds more than half of all

prison and jail inmates have mental health problems. Press release. Retrieved from: http://bjs.ojp.usdoj.gov/content/pub/press/mhppjipr.cfm

Center for Mental Health Services. (2007). Trauma – The “common denominator.” Retrieved from http://download.ncadi.samhsa.gov/ken/pdf/NCTIC/The_Science_of_Trauma.pdf Council of State Governments. (2005). Report of the re-entry policy council: Charting the safe and successful return of prisoners to the community. New York. Department of Adult and Juvenile Detention. (2010). DAJD, 2010 Scorecard.

http://www.kingcounty.gov/courts/detention/DAJD_Stats.aspx Drapaski, A. L., Youman, K., Stuewig, J., & Tangney, J. (2009). Gender differences in jail

inmates’ symptoms of mental illness, treatment history and treatment seeking. Criminal Behaviour and Mental Health 19, 193-206.

Economic Policy Institute. (2000). Crime and work: What we can learn from the low- wage labor market. Washington, DC: Bernstein, J & Houston, E. Freudenberg, N. (June 27, 2006) “Roundtable: Discussion paper title: Coming home from

jail: A review of health and social problems facing US jail populations and of opportunities for reentry interventions.” Paper presented at the Urban Institute Jail Reentry Roundtable. http://www.urban.org/reentryroundtable/inmate_challenges.pdf

Holzer, H., Raphael, S, & Stoll, M. (2004). Will employers fire former offenders? Employer preferences, background checks and their determinants. In B. Western, M. Patillo & D. Weiman (Eds), Imprisoning America: The social effects of mass incarceration. New York: The Russell Sage Foundation.

Joint Center for Political and Economic Studies. (2006). A Way Out: Creating Partners for Our Nation’s Prosperity by Expanding Life Paths of Young Men of Color (Dellums Commission Report)

King County Department of Adult and Juvenile Detention. Jail Statistics [Data file]. Retrieved from http://www.kingcounty.gov/courts/detention/administration/jail_stats.aspx

King County Department of Community and Human Services. (2007). Mental illness and Drug Dependency Action Plan. Retrieved from http://www.kingcounty.gov/healthservices/MHSA/MIDDPlan.aspx

Krebs, C. P., Strom, K. J., Koetse, W. H., & Lattimore, P. K. (2009). The impact of residential and non residential drug treatment on recidivism among drug-involved probationers. Crime Delinquency 55(3), 442-471.

Morrisey, J., Steadman, H., Dalton, K., et al. (2004). Medicaid enrollment and mental health service use following release of jail detainees with severe mental illness. Psychiatric Services 57(6), 809-815.

National Association of State Mental Health Program Directors. (2004). Models for developing

 

 

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trauma-informed behavioral health systems and trauma specific service. Washington, DC: A. Jennings.

Neller, D. J., Denney, R. L., Pietz, C. A., & Thomlinson, R. P. (2006). The relationship between trauma and violence in a jail inmate sample. Journal of Interpersonal Violence 21, 1234- 1241.

Urban Institute Justice Policy Center. (2008). Life after lockup: Improving Reentry from jail to the community. Washington, DC: Amy L. Solomon, et al. US Department of Justice. (2004), Bureau of Justice Statistics Special report: Profile of jail

inmates 2002 (NCJ 201932). Washington, DC. Retrieved from http://bjs.ojp.usdoj.gov/content/pub/pdf/pji02.pdf

US Department of Justice. (2011), Office of Justice Programs, Reentry. Washington, DC. Retrieved from http://www.reentry.gov

Cases Analysis

Respond to each one of the following situations and compile them together for a case analysis portfolio. Specifically, the following critical elements must be addressed:

I. Miranda 

A uniformed police officer is dispatched to a bank robbery. Upon arrival, John Smith is already under arrest by the detectives for committing the robbery and shooting the guard. He is placed in the back of the officer’s cruiser. During the drive back to the station, Smith yells out, “I am so sorry I shot him!” One month later, the officer is called to testify about Smith’s statement. Smith’s defense attorney argues that the officer failed to read him his Miranda rights. Consider if his statements are admissible given the fact he was not read his Miranda Rights prior to making them.

  • A. Imagine yourself as the judge presiding over this case. Clearly and accurately evaluate the constitutional parameters that emerged from the Miranda decision. How has this case influenced the practice of law enforcement?
  • B. Describe your ruling for the bank robbery case, citing the Miranda case. How did Miranda influence your decision‐making process?

II. Jewelry Store Robbery

A detective was conducting surveillance outside a jewelry store that had been robbed several times in the past month. It was 85°F outside, and he witnessed three men pacing in front of the store who appeared to be acting nervous. One of the men was wearing a heavy sweatshirt (later identified as Wilson), while the others were wearing t‐shirts. The detective exited his cruiser and approached the three men. The detective conducted a pat frisk of Wilson and found a hard object in the front pocket of the sweatshirt. He reached his hand into the pocket and located a handgun. He placed all three under arrest and later tied all of them to the repeat burglaries. In court, Wilson’s attorney argued that the detective conducted an illegal search when he located the handgun. Imagine yourself now as the judge.

  • A. In order to avoid defense attorneys making this kind of claim in court, new technology could be utilized to aid in the development of cases and in prosecutions. What types of new technology could the detective have employed in his surveillance and arrest that might have helped avoid the defense attorney’s claim of illegal search? Evaluate the impact these types of technology have had on ethical investigations.
  • B. Based on the U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968), how would you rule in this case? Be sure to defend your ruling with evidentiary support.
  •  C. Did the ruling justices’ decision in Terry v. Ohio influence the effective performance of law‐enforcement agencies? Defend your position using evidence from the current case as well as the Supreme Court case.

III. Rape Investigation

You are now a detective assigned to conduct a rape investigation.

  •  A. Select an emerging technology available for investigating rape‐related crimes. How has this technology positively or negatively impacted criminal investigations? Support your argument(s) using specific examples.
  • B. Taking into consideration U.S. Supreme Court rulings, what are any limitations or regulations you may encounter in utilizing this technology to conduct an ethical investigation?

IV. Pre‐Sentence Investigation

A 14‐year‐old juvenile was just convicted of murder, and sentencing is approaching. Imagine yourself as a probation officer assigned to conduct the presentence investigation. Research Miller v. Alabama and use it to guide you on how you would approach this case.

  • A. Based on Miller v. Alabama, what are the constitutional constraints placed upon the judge to come to an ethical and proper sentence in the current case?
  • B. How did the Miller v. Alabama case transform sentencing laws and impact the role of the criminal justice practitioner? Support your response with examples.

V. Hinckley

On March 30, 1981, John Hinckley attempted to kill President Reagan. There were several witnesses to the shooting, and the evidence was overwhelming. Research this case and imagine yourself as Hinckley’s defense attorney.

  •  A. Apply the Model Penal Code test to this case to determine Hinckley’s mental state defense and what the jury’s verdict would have to be. Be sure to defend your response.
  • B. After the Hinckley verdict was reached, many states opted for a new test to be utilized. The Insanity Defense Reform Act of 1984 shifted the burden of proof from prosecution to defense. Apply the present statutory test to the case. How do you believe the jury would vote if Hinckley were tried today? Why?
  • C. What historical milestone case involving the Second Amendment emerged from the events of this situation? How has this case impacted the criminal justice practitioner?

VI. Defense Attorney

You are a defense attorney. You have a client who is charged with raping and killing four boys. After killing them, he dismembered them and ate them. Your client thinks he did nothing wrong.

  •  A. Based on the client’s mental state, what would you argue for a defense for the client? Ensure that you apply and explain any relevant sociological and criminological scientific methods of inquiry you would use in devising your argument.

VII. Jim Aiken 

Jim Aiken comes home early from work and finds his wife in bed with the mailman. He immediately shoots and kills the mailman. Aiken then goes downstairs, makes himself a sandwich, and watches TV while his wife is frozen in fear in bed. After two hours, Aiken goes back upstairs and shoots and kills his wife. You have been tasked with preparing the case for his defense attorney.

  • A. Applying the appropriate sociological and criminological scientific methods of inquiry, what crime did Aiken commit regarding the mailman, and what possible defense could be used?
  • B. What crime did Aiken commit regarding his wife, and what possible defense could be used? Support your response by explaining how you applied the scientific methods of inquiry.

VIII. Narcotics Detective

Imagine yourself as a narcotics detective. You are told by an informant that a man by the name of Joe Parker is growing marijuana in his basement. He goes on to tell you that the basement has windows, but they appear to be blacked out, preventing anyone from seeing inside. As a knowledgeable narcotics detective, you know that extreme heat is used to keep the marijuana plants healthy. You decide to use a thermal imaging device to see if there is excessive heat coming from the basement. You park in front of his house and turn on the device. It registers extreme levels of heat emanating from the basement. Based on that information, you obtain a search warrant and locate the marijuana. In preparing your paperwork, it is brought to your attention that these events are identical to an actual U.S. Supreme Court case. Research Kyllo v. United States, 533 U.S. 27 (2001), to guide how you would approach this case.

  • A. What elements from Kyllo v. United States will impact your ability to develop an ethical investigation? Be sure to explain your response.
  • B. Examine how the use of thermal imaging technology has impacted detectives, both positively and negatively, in performing ethical investigations in drug‐related cases?
  • C. If you were the judge in the Kyllo case, what would be the constitutional parameters that would influence how you would rule? Why would these influence your ruling?

IX. Homicide Detective 

A detective investigating a recent homicide has obtained a mobile scanner device called a Manta Ray, which allows him to sit in his vehicle and “capture” conversations and data from mobile phones by mimicking a cellular tower. After two days of surveillance on an apartment complex that he believes houses the man who committed the murder, the device grabs pieces of a text conversation between the suspect and his girlfriend. The detective believes the conversation was a vague confession to the crime and decides it is enough to obtain a court order.

  • A. Was the use of the Manta Ray in this investigation done ethically, and how will this potentially impact the development of this case? Consider supporting your response with relevant case law and precedent.

Your submission should be 9-12 pages in length. The document should use double spacing, 12‐point Times New Roman font, and one‐inch margins. Citations should be listed in APA format. Be sure to label each section appropriately (Miranda, Jewelry Store Robbery, etc.) when compiling your portfolio. Reference in APA