Law

The Affordable Care and the Patient Protection Act commonly known as the (PPACA-2010) is a federal statute signed into law in 2010. The design of the statute would be implemented in stages over eight years. The intentions of ACA were in reforming health care systems in United States of America (US). The law deals with laws on health insurance coverage. ACA has a clause that prohibits insurers denying coverage to people with pre-existing conditions. According to the law reviews, ACA will expand Medicaid eligibility while at the same time subsidize insurance premiums for American citizens. To increase on the people accessing insurance at work places, ACA will offer incentives to companies for them to offer health care benefits to their employees (Democrats’ senate gov/reform, 2010).

ACA expects small business or uninsured adults, through health insurance exchanges, created by states and federal government, to buy insurance premiums from a range of private insurances. Although large businesses are not required by law to offer insurance to their employees, they are nevertheless expected to pay penalties for employees who receive subsidized insurance on health.

The PPACA-2010 act requires states to create several agencies to manage implementation of the reforms. These agencies include National Prevention, Public Health and Health Promotion Council, a research institute on Patient Centered Outcomes. The research institute will be funding and conducting research on comparative effectiveness of the reforms. The other agency is the Medicare Independent Payment Advisory Board which will be making recommendations on Medicare spending, in cases where spending increases rapidly (Democrats’ senate gov/reform, 2010).

ACA extends insurance coverage for children up to the age of 26 years, even if they are not living with their parents and prohibits insurances companies from charging deductibles from preventive care. Equally, ACA prohibits insurance companies from dropping clients when they become ill. ACA will slow down the growth of Medicare costs and offer reimbursements to states in order for them to pay for the new expenditures proposed in the law.

The law will offers American a qualified health plan through Health Benefits Exchange. The benefits will include cost sharing and essential services. The law States that, out- of- pocket health benefits requirements should not exceed the health savings account. With the insurance coverage, actuarial values will define how much the insurer will pay and the coverage offered at four different levels: those receiving the Platinum coverage at 90%, Gold cover at 80%, and Silver cover at 70% while Bronze cover at 60% (Democrats’ senate gov/reform, 2010).

Estimates from the Congressional Budget Office (CBO) show persons who are not insured in America will drop considerably, by around 32 million people by 2019. This is after implementation of all the provisions of ACA. The number of people who will be left uninsured will be 23 millions on estimate. These are people who will opt out of health policies coverage as well as the illegal immigrants in the country. ACA will offer exemptions to people who will be paying more than 8% of their household incomes for health insurance. ACA expects to raise the rates of Medicare insurance for non-elderly people in America from 83% to 94 %( CBO & JCT’s, 2011).

ACA has strong consumer protections and provides Americans with new health insurance coverage options. It expects the Americans consumers of Medicare insurance to make informed choices. Although signed into law in 2010, many aspects of law have already been implemented, while the provisions of expanding Medicaid and introduction of health exchanges that are affordable launched in 2014.

Some of the disturbing aspects of the American health care systems that led to enactment of the PPACA-2010 are in the cost of health care in America. The cost of health care in America is prohibitive, accounting for more than 17% of the national GDP. Despite this cost or expenditure on health care systems, the health of American is no better than in those countries that spends less. The other issue with the American health care system is that, more people in America do not have health care insurance covers.

The cost and prohibitive nature of health care insurance, combined with the private sector insurance coverage complications, leaves many American uninsured. Thirdly, most people in America would like to make informed decisions about their health and the jobs they are now engaged in. Most Americans work jobs they would rather change simply to keep the insurance covers provided by their employers.

The PPACA-2010 addresses these issues by establishing affordable insurance exchanges expected to take effect in 2014. ACA provides that, where an employer does not offer insurance coverage for his employees, people will buy insurance coverage directly from state or federal managed market place exchanges. Market place exchanges will offer affordable and credible heath benefits plan. ACA however, to increase the number of insured persons, has provisions that limits insurers’ profits and eliminates lifetime and annual limits on insurance coverage.

To address the cost of Medicare in America, the ACA will strengthen Medicare by way of discounting and rebating prescriptions coverage gaps. On the other hand, ACA will expand cost-free preventive services and give oversight on increasing wastage, abuse and fraud in the Medicare system.

One glaring and unintended consequence of ACA is in the need for companies with more than 50 employees to offer health insurance covers to those employees working for 30 or more hours, failure to which, they will be paying heavy penalties. To navigate this provision, a company cuts the number of hours a single employee can work, change the number of shifts and cuts down the workforce. These ultimately will increase the cost of doing business and add up to unemployment in the country.

A review of the paper

A review of the Patient Protection and Affordable ACA paper indicates that ACA is one of the comprehensive health care systems reform in the US. According to ACA, review shows that it is going to transform the market on non-insurance in the country and mandate Americans to take health insurance. ACA will significantly expand the public insurance. ACA proposes various means of raising revenue to support health care services through a number of taxes. ACA will help in reorganizing health care expenditure and cut health care costs through a national health insurance plan.

Some of the key aspects of ACA are rights and protections of health care consumers by way of limiting insurer’s right of cancelling insurance coverage to some group of people. ACA will end the pre-existing conditions element in insurances covers and introduce affordable insurance exchange while expanding Medicaid. ACA will strengthen Medicare through prescription coverage gaps by discounts and rebates. ACA will expand cost-free preventive services and offer tax credits for non-profit, small business and reinsurance options for early retiree.

While establishment of affordable insurance exchanges will erode the employer-provided insurance, the erosion as indicated by the Congressional Budget Office (CBO) would be small. Persons covered by health insurance are in companies with more than 50 employees and these types of companies are not necessarily price sensitive when making decision of providing workers with insurance covers. The subsidies provided by ACA are not substantially big enough to offer workers with incentives to look for insurance outside the company plans.

Economically, the ACA provides offsets by the mandates, which will lead most companies in providing insurance to employees. The “free-rider” penalty, which charges companies with more than 50 employees between $2,000-$3000 if employees from these companies seek subsidies on health insurance is another reason companies will offer insurance coverage to their employees.

According to CBO public insurance expansion together with subsidies will cost federal government $940 billion by the end of 2019, covering more than 32 million people. This will have increased the numbers of persons in America receiving health care insurance covers. According to the CBO, there will be an increase in levels of revenues as spending cuts will exceed spending covering health care system. This will cut federal deficit by more than $100 billion in the first ten years. This argument, economically has some flows, although CBO indicates that increases in taxation and speeding cuts are back loaded and not front loaded (CBO &JCT’s ,2011).

The other argument by the paper is on how ACA will cut the cost of health care. According to the CMS, United States spending in health care sector accounts for 17% of the national GDP. CMS contend that, ACA will increase the expenditures. Similarly, Health care systems expenditure in America by 2016 will increase by 2% and 1% in 2019. But these increased expenditures are relatively small compared to the number of people expected covered within the same period (CMS, 2011).

Estimates from the Medicare and Medicaid service centre, shows 34 million more people covered by 2019 against a population of 254 persons insured. On the same line, the Medicare and Medicaid service center indicates that, without ACA reforms, between 2010 and 2019, the cost in the health care system would grow at 6.6% per year. This shows that ACA will increase the number of people insured by 13% at a cost less than national health care expenditure growth (CMS, 2011).

The position taken by the paper clearly indicates that it actually stands the theoretical and economic analysis and stands up to the empirical findings as shown from the reports provided by the CMS and the CBO. As for changes that need made after completion of the course, they would probably be in researching on how the ACA reforms would end up reducing the federal deficit.

References

CBO and JCT’s (2011). Estimates of the Effects of the ACA on the Number of People Obtaining Employment-Based Health Insurance. Web.

CMS (2011). Administrative Simplification Provisions in the Patient Protection and Affordable Care Act of 2010. Web.

Democrats’ senate gov/reform (2010). The patient protection and affordable care Act; detailed summary. Web.

Introduction

The U.S. healthcare industry is highly governed by law. Thus, there are legal principles spelt out in federal and state laws that medical practitioners in the U.S. should observe. When legal issues that pertain to healthcare administration arise, U.S. courts may come in to help with interpretation of the relevant laws. Thus, the Case of Simkins v Moses H.Cone Memorial Hospital (1963) demonstrates the role of the U.S. legal system in administration of healthcare.

At what Level of the Judicial Court System did this Legal Opinion Occur?

The opinion of judge Sobeloff occurred at a U.S. Court of Appeals. Specifically, the U.S. Court of Appeals Fourth Circuit heard the Case of Simkins v Moses H.Cone Memorial Hospital (1963). As demonstrated in the case, “a party dissatisfied with a decision of a lower court”, such as a U.S. District Court, may seek legal redress at a U.S. Court of Appeals (United States Courts, n.d., para. 5).

What was the Opinion of the Lower Court that was Finally Overturned in Simkins?

The opinion of the lower court was that the hospital in question had not been fulfilling a state function (Reynolds, 2004, p. 712). Having found no evidence to the effect that the hospital had used Hill-Burton funds, the lower court ruled in favor of the defendant. Use of Hill-Burton funds would have served as evidence of state action in operations of the hospital. In turn, evidence of state action would have warranted the court’s interpretation of constitutional provisions that applied to the case.

Explain at Least One of the Federal Laws that was Highlighted in Simkins v. Moses H. Cone

The Hospital Survey and Construction Act (1946) came into play in the Simkins v Moses H. Cone hospital case. Commonly referred to as “the Hill-Burton Act”, the federal law was passed to allow the federal government to fund construction of state health facilities and hospitals. In addition, the law provided for the conducting of federal-funded surveys to determine health care needs of specific, hospitals and population groups. However, the Hill-Burton Act contained the “separate but equal clause”, whose constitutionality was later challenged in court (Reynolds, 2004, p. 711).

How did the Federal Law Play a Role in Deciding this Case?

In the case of Simkins v Moses H.Cone Memorial Hospital, the Hill-Burton Act provided a legal basis for invoking the 5^th and 14^th amendments of the U.S. constitution to offer protection against hospital discrimination. For starters, the law allowed the federal government to get involved in operations of private hospitals. Thus, once a hospital participated in a federal program, such as the Hill-Burton, it was bound by law to integrate its services.

In deciding the case, the U.S Court of Appeals established state involvement in the running of Moses H. Cone Memorial Hospital. Furthermore, the court considered the fact that the hospital practiced discrimination despite having used federal aid as provided for under the Hill-Burton Act. Thus, the court found use of federal help in a discriminatory manner to have been in contravention of the U.S constitution.

Identify and Discuss the Constitutional Amendments and Issues in the Case

The 5^th and 14^th amendments of the U.S. Constitution were appreciably applied in the case. The amendments prohibited the federal and state governments from discriminating. Various constitutional issues were raised in the case of Simkins v Moses H.Cone Memorial Hospital. For instance, it was critical to determine whether or not the hospital in question had become an instrumentality of the government by permitting federal involvement in its operations (“Constitutional Law,” 1964).

It was also important to determine if the federal government discriminated by funding a medical facility that practiced discrimination. Similarly, was the “separate but equal clause” of the Hill-Burton Act in line with the 5^th and 14^th amendments of the U.S. Constitution? Answers to the issues raised determined whether or not Moses H.Cone Memorial Hospital had violated the law by practicing discrimination.

Explain why the Case had a Limited Reach

The Simkins v. Moses H. Cone Memorial Hospital case had a limited reach because the U.S. Supreme Court declined to review it. The case would have produced a far-reaching legal precedent had it gone through the Supreme Court successfully. At the Supreme Court level, it would have been possible for other U.S. Courts of Appeals to refer to the case when deciding on similar disputes. However, the Simkins v. Moses H. Cone Memorial Hospital case only reached an appellate court level. Thus, the outcome of the case could not influence judicial decisions that were made outside the jurisdiction of the Fourth Circuit Court (Reynolds, 2004, p.714).

Identify the Federal Official and Agency that Finally Extended the Cases’ Ruling

The U.S. Court of Appeal Fourth Circuit was the federal agency that finally extended the cases’ reach. Although judge Sobeloff was not the court’s chief justice during the case of Cypress v Newport News Hospital Association, he was the federal official who wrote the legal opinion that outlawed all forms of hospital discrimination. Thus, judge Sobeloff was instrumental in the expansion of the Simkins v. Moses H. Cone Memorial Hospital case’s reach.

Identify how the Cases’ Outcome Spread Across the Nation

The U.S Court of Appeals Fourth Circuit gave the Simkins v. Moses H. Cone Memorial Hospital case an expanded reach by referring to it in nearly every hospital racial discrimination case it handled for 20 years that followed (Reynolds, 2004, p.718). Furthermore, the case was instrumental in design of Hill-Burton regulations that reinforced nationwide hospital integration. Equally important, the case formed a solid background for passage of the Civil Rights Act (1964), which outlawed major forms of discrimination on a national scale (Reynolds, 2004, p.718).

Discuss why you the Think the Simkins v. Moses H. Cone Memorial Hospital Case Makes or Fails to Make a Big Difference Today

The Simkins v. Moses H. Cone Memorial Hospital case did bring about a significant drop in hospital discrimination over time. The case helped lay a solid groundwork for implementation of the Hill-Burton program. Thus, it is accurate to state that the success of federal programs such as Medicare in modern hospitals traces its roots to the Simkins v. Moses H. Cone Memorial Hospital case. A case in point is the Medicare prescription drug law seeks to control a wide array of practices by pharmaceutical companies to safeguard patients’ interests (Stiller & Weinstock, 2006, p.8).

However, the U.S. healthcare system has not achieved the level of equity envisioned by law. Many poor Americans lack access to good healthcare as a result of poor design of the entire healthcare system. Today, many hospitals grapple with significant shortfalls of primary healthcare specialists such as nurses (Bowman, 2013, para. 11).

As such, while the healthcare law significantly safeguards practitioners’ and patients’ rights, significant proportions of the U.S. population cannot access optimal health care. Today, many patients (including those from minority groups) continue to face challenges such as poor education, limited financial options and ignorance as they pursue effective medication. However, hospital discrimination is no longer a legally sanctioned practice in the entire U.S.

References

Bowman, R.C. (2013). Is the Institute of Medicine Design Waking Up? Web.

Constitutional Law: Discrimination by Private Hospitals Participating in Hill-Burton Program Held to be Violation of Fifth and Fourteenth Amendments. (1964). Duke Law Journal, 1964 (908), 908-914. Web.

Reynolds, P.P. (2004). Professional and Hospital Discrimination and the US Court of Appeals Fourth Circuit 1956-1967. American Journal of Public Health, 94(5), 710-720. Web.

Stiller, J.A., & Weinstock, J.L. (2006). Introduction to Health Law. Web.

Tenant (n.d.). Introduction to the United States Legal System. Web.

United States Courts (n.d.). Comparing State and Federal Courts. Web.

Abstract

Labor unions play a critical role in the US airline industry given that relatively all the workers are either unionized or covered by collective bargaining agreements. The American Airlines Allied Pilots Association (ALPA) has recently rejected a concessionary contract offered by the management. The association rejected a pay rise of up to 13.5 per cent. There has been an insignificant consideration of the America’s economic reality by the ALPA. Previously, the group’s president was forced to resign owing to his quick acceptance of a deal that majority of the union pilots had opposed.

The labor cost of the airlines represents a considerable high wage bill owing to the large workforce. The airline industry offers high wages that attract highly trained staff. This paper is, therefore, researched on the basis of the future position of the ALPA as a union and whether there is any risk in the American airlines owing to the union’s demands. The paper will also delve into the effects of such controversies on the employees and whether there is need to make changes to the labor laws in the United States.

Introduction

The airline workers, compared to other workers in different industries, represent the highest paid unionized workers. Airline workers are able to bargain strongly for the high pays, in addition to the fact that they are favored by the factors of demand and supply. The Labor Management Relations Act was enacted to create an environment that promoted fair labor practices. Later on, the Act was amended to help curb the unequal advantage that unions enjoyed because the Act permitted duties to be levied on unions (DeMaura, 2012).

The airline bargaining power is strong because of strike ultimatums, which can cut down all flight operations. They can also lead to wages being determined on the future economic conditions because of long term contracts. Given the anticipation, the contracts cannot be renegotiated if the aspirations of the economic base are not attained (Chen, Kacperczyk & Ortiz, 2011). The adverse conditions that have recently faced the US airline industry are partly caused by the increasing marketing shares of low cost carriers and increasing fuel prices (Hirsch & Macpherson 2003). The US Airways has twice entered bankruptcy protection and later avoided it after receiving concessions from the union

Labor relations in the airline industry

The main changes imposed by the Act were meant to prohibit secondary boycott and allow the union to exist under specified conditions in the Act. The Act also required the National Labor Relations Board to accord equal consideration to independent and affiliated unions. It also permitted the employer to file a representation petition, even in situations where one union seeks to represent the employees. The employees were also allowed to file a dissatisfaction petition in the determination of whether they want to keep their bargaining agent. The Act provided that the federal district courts could hear cases regarding collective bargaining and award damages for any aggrieved parties, including private parties.

Similarly, the Labor Management Reporting and Disclosure Act, 1959 has provided a mandatory disclosure of the financial transactions and administrative roles of labor organizations and employers, as well as the protection of the funds and assets within the union (Hirsch, 2006). The Act also guarantees certain rights to all the members of the union, which are to be enforced and administered by the office of the Labor Management Standards.

The American airlines union is negotiating an agreement, lest workers go on strike amidst these multiple labor regulation laws. A second hearing of the airlines’ request for carriers’ collective bargaining agreement with the pilots is scheduled for September 4^th. Airlines in the US market enjoy the advantage of maintaining the financial strength, making labor relations contentious (Verma, 2005).

Ideally, the organizational campaign, unions, and employers are meant to attempt to surmount challenges of communication with workers and to protect unions’ adherents in the workplace. However, in disagreement, striking in itself is a protected activity. There must be authorization to strike as conducting strikes improperly or contrary to the law would inhibit the bargaining process. Strikes, in the meaning of unions’ policy, have been defined as authorized or ratified. Consequently, they are protected by the NLRA. Section 13 of the NLRA specifies that nothing within the law of that Act is meant to interfere with the right to strike. There are also prohibitions of the strikes during emergencies that affect the nation’s safety and health.

The employer may use his own economic weaponry and protect his bargaining position, especially in the case of the airline union mobilizing its members. In the American Ship Building company vs. NLRB, the Supreme Court indicated that the employers may lock out the demands of the workers under certain circumstances (Devinatz, 2013), mainly with the aim of protecting the collective bargaining position. This may also be used by the union as long as it is not used in a manner that intends to destroy the process. The test in the circumstances here is whether the union in the collective bargaining process continues to function, despite the employer’s lockout.

Airline labor strikes have exerted adverse impact on the economy given that airline labor contracts do not really expire, but reach an amendable date. The collective bargaining process between the airlines and the union involves a process of about five stages. In the first place, there has to be a negotiation process where the airline and the union exchange proposals to modify the existing contract.

This also marks direct negotiations that may involve other parties. If parties cannot settle the contract, then there is mediation from the National Mediation Board. The mediation may be invoked without the parties’ consent. If mediation fails, then arbitration will take effect where both the union and the airline must agree to arbitrate and the arbitration board convenes a meeting. If the parties fail to agree in all these stages, then there is an allowance of 30 days to allow the parties to rethink. After this period, the union may strike or take actions it considers fit and lawful.

The airline industry can boast of reduced strikes over the years. For instance, most of the major strikes were experienced before the 1990s. It may also be said that the labor regulations have shaped the industry, thus there are less causes to strike. When workers in the airline industry go on strike, several economic hiccups are experienced in the country (Federal Mediation and Conciliation Service, 2012). The airline industry grapples with numerous effects of strikes, including missed opportunities making earnings due to reduced number of travelers and low spending levels among the few travelers who use their services. Sometimes the strikes cause other workers to be laid off, while airports suffer from a reduction in landing fees.

Conclusion

The airline industry, precisely the workers, has uncertain labor relations. It may prove difficult to implement and sustain the labor-cost structure that was formulated to address wages for contractual workers. This may lead to more problems between the labor unions and the employers, making the labor relations sour. However, hostile labor relations in the environment may not have a positive effect on the substantial effort to resolve labor disputes.

Reduced profitability to the extent of incurring losses is experienced by carriers when they abide by the demands of the labor unions. How the two parties play out is the critical determinant of the overall US airline industry. The labor relations must also be tuned up to the standard that is required to cure such employee-employer relations. Labor laws require a corresponding adjustment to ensure that airline disputes have a clear and consistent legal development on resolutions.

Changes in the labor laws must be implemented to ensure that the negative economic impact is reduced and eventually avoided. It has been observed that union strike effects are substantively negative, especially when there is a lack of managerial conduct in the unions themselves. To facilitate productive collective bargaining, the labor law must also address the issues in the unions and their mode of operations. The current labor conditions in the airline industry can, therefore, be resolved through amicable practice within and between the parties, as well as through considerable amendments to labor laws regulating this industry.

References

Chen, H. J., Kacperczyk, M., & Ortiz-Molina, H. (2011). Labor unions, operating flexibility, and the cost of equity. Journal of Financial and Quantitative Analysis, 46(1) 21-58

DeMaura, S. (2012). Not just public unions: private sector unions hurting business. Web.

Devinatz, V. G. (2013). The crisis of US trade unionism and what needs to be done. Labor Law Journal, 64(1), 5-19.

Federal Mediation and Conciliation Service (2012). What is grievance mediation? Web.

Hirsch, B. T. (2006). Wage determination in the U.S. Airline industry: Union power under product market constraints. IZA Discussion Paper No. 2384

Hirsch, B. T., & Macpherson, D. A. (2003). Union membership and coverage database from the current population survey: Note. Industrial and Labor Relations Review, 56(2), 349-354

Verma, A. (2005). What do unions do to the workplace? Union impact on management and HRM. Web.

How did the wars with Native Americans influence the early need for national security?

The Native Americans refer to indigenous people who live in North America within the boundaries of the continental United States. Cultural differences between the Native Americans, and immigrant Europeans caused political tension and ethnic violence. These people took arms to defend their nation. Before the war, the number of Native Americans dwelling in the United States was estimated to be more than one million.

By 1800, the population dropped to 250,000 because the Native Americans were involved in several wars. The wars ranged from the 17^th century to the beginning of the 18^th century. These wars include the Pequot war of 1637, Anglo Powhatan wars, King Philip’s War, King William’s war among others. During the American revolutionary war, most Native Americans collaborated with the British to reduce settlement and expansion on their land. They also sided with the British during the Chickamauga wars in 1776 and 1777. In 1787, the Native Americans defeated the American army, which was led by Arthur St. Clair.

They fought white settlers in the Second Seminole war. These wars were a result of conflicts between Native Americans, the United States Army, and American settlers. The Indian wars influenced the early need for national security. It also established several treaties with the Native Americans as a security measure. The United States government established effective armed forces to curb these wars. The concept of national security was developed in the United State of America after the Second World War. During World War II, more than 44,000 of the Native Americans were recruited in military service¹.

They were recognized by being given things such as Air Medals, Bronze Stars among other things. The Native Americans loved a military job as it elevated one’s status and provided a steady income among other privileges. This intensified security in the United States, as there were enough workforces to curb any outside aggression from any state². Native Americans also influenced the need for security. The whites saw that the Native Americans were bold thus needed unity to avoid any uprising within the United States. Their loyalty was considered paramount for the prosperity of the United States.

Identify and recall examples of National Security through Expansion. National security through expansions

There are several examples of the National Security through Expansion. One example of national security through expansion is through promoting democracy. This form of national security enhances security through protecting, consolidating, and enlarging the community of free-market democracies. When President Bush invaded Iraq, he hoped to establish a democratic government that would act as a role model to other Middle East countries.

This, he believed, would stabilize the region thus minimize the threats imposed on America and her allies. Overseas presence is another example of national security. This involves deploying the United States military forces abroad in peacetime. For instance, United State military forces were deployed in Iraq during the time of war. The other example is through the Continental Expansion, and in this case, The United States would conquer and control, purchase or make treaties with other countries.

This would make the United States develop robust diplomatic ties with these countries thereby being able to monitor their security power. The purchase of Guam, after World War II, led to the capture of Aguinaldo in 1901. A significant expansion occurred after the Mexican- American War in 1948. Mexican was made to sell its northern territories to America. The treaty of Guadalupe-Hidalgo made California and the Southwest states unite making the USA continent expand considerably.

After the revolution, the U.S. had only 13 former British colonies in the Southeast and Northeast. Colonies to the south and west of the original colonies were also possessed through concessions and buying³. An outstanding example is the purchase of Louisiana in 1803 by which the country territory doubled. At the battle, of Wounded Knee, many Sioux were killed and the survivors displaced to Pine Ridge Reservation.

Explain and analyze National Security policies before, during, and immediately after (up to 1946) World War II. National Security Policy

Congress passed this act making a unified defense body with autonomous service in the Central Intelligence Agency with separate service in the air fighting soldiers and the National Security Council (NSC). The council members of NSC were the president, the vice president, the secretary of state, and some members of other security bodies. The CIA emerged out of the Office of Strategic Services and small post-war intelligence organizations⁴. This marked a decisive regrouping of the U.S. National Security framework to address the inconsistencies in the world. The implementation of this act was faced with different challenges such as errors, false starts, and it was a slow process. This policy mandated substantial reorganization of the U.S. military and foreign policies.

The policy of containment (1946)

It was considered as the mother of the United States Strategy for fighting the cold war with its rival the Soviet Union. This policy was put forward by a career foreign service officer George f. Kennan. He argued that the major concern of any United States policy with the Soviet Union should be of a long-term, patient, strong and continuous containment of Russian expansive tendencies⁵. He pointed out that the continuous use of counterforce at a series of constantly different political and geographical areas, corresponding to the invasion of the Soviet policy would encourage tenderness that will make the Soviet Union weak and eventually break. This policy was criticized for being too defensive.

The policy of unilateralism

State policies were considered unilateral if they had an enormous impact on citizens of other countries. Through this, a country could make decisions without listening to the views and suggestions of other countries. America believes that its interest lies by not underestimating how far the threats are or how small these threats are. However, America believes that where they can make a change, they have to do so. Other nations do not stop them to ensure their interest is not compromised. The U.S. interest in ensuring geopolitical stability is seen as being the superpower with global economic interest.

Identify and analyze examples of the changes to National Security during the Cold War?

Changes in national security

In 1949, the National Security Council was redesigned. Truman ordered that the Secretary of the Treasury attend all meetings. Congress scrapped the three service secretaries from council membership. The Vice President was added to the council, and he assumed the second rank from the Secretary of State. Joint Chiefs of Staff were made permanent advisers to the Council. In late 1950 and 1951, Truman made additional structural changes in the National Security Council. He allowed the head of the newly created Office of Defense Mobilization to attend the National Security meetings. In 1951, the Psychological Strategy Board was created to evaluate the response to Soviet cold war tactics.

Explain and analyze the key strategic events in Iraq between 1990 and 2010.

Four Presidents handled the U.S. policy in the Middle East differently during those years. Which decisions were most influential and how might one apply lessons learned to influence any of those decisions?

Strategic events in Iraq

In July 1990 president, Sadaam invaded Kuwait. He accused Kuwait of supplying flooding oil in the market. This he said led to a flood of oil in the market a thing that made Iraq unable to boost her weak economy. On August 2, 1990, Kuwait reported Iraq to the UN. These led to the imposition 1990-1991 America considered Iraq as a threat to her interests. This led President Bush to send troops to Iraq.

When it was, viewed that Saddam was adamant US soldiers crushed Iraq soldiers. The Iraq soldiers were made to surrender after 100 days. UN Security Council on April 2, 1991, passed resolution 687. This required Iraq to dismantle all chemical as well as biological weapons in her possession. The UN in April 1995 passed resolution 986 creating an oil for food program to cater to the citizen’s food needs. In1996, the CIA hired Saddam officers to assist in the coup. These officers were told they would be recognized as genuine leaders of Iraq. Unfortunately, Saddam loyal officers recognized and exposed them.

They were tortured and executed. In December 1998, Saddam claimed that the UNSCOM would not continue with its inspection in Iraq. This led to President Clinton ordering his soldiers in Iraq to bomb Iraq military areas for four consecutive days. In February 2001, the US and Britain bombed Iraq to weaken Iraq Air Force. The US then on November 26, 2001, threatened Iraq by telling her that she has to allow UN inspectors back to her country. On March 28, 2002, the Arab League convened and deliberated that Iraq should allow UN inspectors to continue their inspection.

The power vacuum left in the Middle East will soon extend to South Asia and Iran is the link between the two. Using the DIME principles, what should America do in each category to deal with the threat to American interests posed by Iran?

The U.S. then invaded Iraq in March 2003. Generally, Tommy Franks led the military operation. The main reasons for the invasion were to end the Sadaam era, eliminate any Islamic militants in Iraq, and to get more information about militant networks, destroy any mass destruction weapons, which could be there. The invasion also aimed to create a representative and compliant government to act as an example to all failed states⁶. On April 9, 2003, Baghdad came down and this led to the capture of Iraq’s President Saddam. He was arrested on December 13, 2003, in operation Red Down. There emerged uprisings against coalition forces and among different secretarial.

Elections

On January 31, 2005, the citizens of Iraq elected Iraq Transitional Government to draft a long-lasting constitution. There was some violence and some communities. Sunni refused to participate in the elections. Kurd and Shia took part in the elections. On April 21, 2003, the Coalition Provisional Authority was formed as a transitional government of Iraq. It was to be effective up to when a democratic government would be established.

It had a mandate of exercising executive, judicial and legislative roles. In 2008, the Iraq government and the U.S. approved the status of the Forces Agreement effective through 2012. On January 1, 2009, the Green Zone and Presidential palace were handed over to the Iraq government. This was seen to symbolize that Iraq’s sovereignty had been fully restored.

The president who handled the U.S. policy well in the Middle East was President Bush. This is because, by invading Iraq, there was a delivery of the Iraq citizens from the dictatorship. This acted as a warning to emerging dictators to know that there is no room for dictators in the world. The invasion also acted as a warning to any country or group that may wish to attack the U.S. The invasion also demonstrated that the U.S. was ready to use its unilateral policy to deter any potential threat to its citizen or its allies.

Iran influence on Iraq

Iran would not try to increase its efforts to establish an influence on Iraq. That was because there was a strong diplomatic relationship between Iraq and the U.S. Iran would fear that by having an intimate relationship with Iraq, it might lead to exposure of its nuclear plans to the U.S. This may bring its downfall. Iran would then fear that Iraq might act as a spy since their relationship is sour. The U.S. was helping Iraq to reconstruct itself and having their soldiers trained; Iraq soldiers would pose a threat to Iran in case it tried to influence Iraq in any way.

The power vacuum left in the Middle East will soon extend to South Asia and Iran is the link between the two. Using the DIME principles, what should America do in each category to deal with the threat to American interests posed by Iran?

The threat that Iran imposes to America can be dealt with by ensuring that Iran is not military superior. This can be achieved by liaising with the UN to keep a watch on weapons produced by Iran. The US can also establish formal diplomatic ties with other Middle East countries. The U.S. can convince the International Atomic Energy Agency to be more vigorous in its mandates. To force Iran to comply fully with the UN demands, the U.S. can impose segregating diplomacy, military options, and economics. Since the US is aware that Iran is a threat to it then it should employ some spies to give information on every military move that Iran carries. The US can hinder Iran’s wealth creation by coursing with its allies not to do business with Iran.

The U.S. is leaving Iraq so quickly because its “democratic” government did not want to sign a status of forces agreement protecting the U.S. troops deployed there. This was the response from the “democratic” government.

What do you believe is the political future of Iraq and do you expect Iran to increase its efforts to establish influence in Iraq? Is Iraq more or less prone to control (I did not say support) terrorism now than before the invasion?

Political future of Iraq

Iraq has now achieved political gains from the invasion. There is a democratic government, which is elected by people without intimidation. The leaders are now cautious not to be dictators as they have seen what happened to Saddam. The government is willing to propagate the rights and freedoms of its citizen⁷. There is also an international intimate relationship to provide necessary advice on the need. The military training offered by the U.S. soldiers to Iraq soldiers will help the government to be able to curb down any terror uprising. Iraq now having established a formal diplomatic relationship with the U.S. and can obtain military support fast in case of any terror. Iran’s influence on Iraq will not be observed with suspicions. Military expertise would make Iraq be in a better political position.

Iran influence on Iraq

Iran would not try to increase its efforts to establish an influence on Iraq. This is because there exists a strong diplomatic relationship between Iraq and the U.S. Iran would fear that by having an intimate relationship with Iraq, it might lead to exposure of its nuclear plans to the U.S⁸.

Reference List

Armstrong, Jennifer. The American Story. Texas: Texas Press, 2006.

Barton, David. American History. Canada: Viking Adult, 2004.

Dempsey, Hugh. Native American History. California: Bisson Books, 1979.

Gaddis, John Lewis. Surprise, Security, and the American experience. London: London, 2005.

Jones, Steve. “Post War Policies.” United States New Policies, 2009: 19-23.

Maqstadt, Thomas. An Empire if you can Keep It. Hong Kong: CQ Press, 2004.

Shanker, Thom. Counter Strike. London: Oxford Press, 2007.

Zinn, Howard. A People’s History of the United State. Chicago: Hill Press, 2005.

Footnotes

1. Hugh, Dempsey. Native American History. California: Bisson Books, 1979.
2. Jennifer, Armstrong, The American Story. Texas: Texas Press, 2006.
3. Maqstadt, Thomas. An Empire if you can Keep It. Hong Kong: CQ Press, 2004.
4. Steve, Jones. “Post War Policies.” The United States New Policies, 2009: 19-23.
5. Howard, Zinn. A People’s History of the United State. Chicago: Hill Press, 2005.
6. John, Lewis Gaddis. Surprise, Security, and the American experience. London: London, 2005.
7. Thom, Shanker. Counter-Strike. London: Oxford Press, 2007.
8. Howard, Zinn. A People’s History of the United State. Chicago: Hill Press, 2005.

Youth crime has been increasingly on the rise over the past years. It is caused by numerous factors, ranging from social inequality to the influence of popular media. As young people are integrated into criminal justice, they are faced with harsh realities of consequences for actions which could influence their whole life. Therefore, it is important that the juvenile justice system uses a competent and fair approach to punishment of youth. Juveniles should not be sentenced as adults or housed in adult prisons. When juveniles commit egregious crimes, they should undergo evaluation, assessment, minimal confinement and enter into rehabilitation programs that provide treatment or offer opportunity for personal development.

Problem

Juvenile delinquency is a highly controversial and emotional topic which leads to challenges of confronting it. The issue of juvenile justice is inherently complex, with risk factors for delinquency interconnected. The causes of juvenile crime may range from mental health issues and lack of stability or attachment to problems at home and at school leading to violence, trauma, drug use, and family history of criminal behavior. The primary problem explored in this paper is the commonality of youth tried as adults, thus resulting in harsher punishments and integration into the adult penal system despite the juvenile justice system being established as a separate entity decades ago.

Defining Juvenile

When faced with the term juvenile, most assume it applies to individuals that are under the legal age of adulthood (commonly 18 years of age) in the jurisdiction. Therefore, this should apply to the juvenile justice system. However, the legal definition of a juvenile is complex, nor is it fixed or universal in criminal justice systems. It depends strongly on the historical, ideological, and political developments of youth justice models and institutions. The concept of creating a separate juvenile justice system is based on the premise that youth are generally less culpable than adults, thus more susceptible to rehabilitation. Thus, they should be kept away from difficult and punitive conditions of the adult penal system. The policy establishes an age for juvenile courts based on age or a presumed maturity (Abrams, Jordan, & Montero, 2018).

Another aspect to consider is the Minimum Age of Criminal Responsibility (MACR) that identifies the minimum age at which an individual can be held accountable for crimes and the Age of Criminal Majority (ACM) when a person can be prosecuted with the full force of the law, subject to adult penalties. The United States has generally symbolized efforts to lower ACM in most states to 16, with some states setting precedent of transferring youth to adult systems as young as 12 given appropriate circumstances.

This greatly contrasts with European countries which attempt to promote extending the ACM and often provide protections for young people for several years afterward, allowing adult courts to waive individuals back to the juvenile system (Abrams et al., 2018). This greatly aggressive tactic in the United States is problematic and causing significant issues for rehabilitation attempts and recidivism rates.

Juvenile Justice History and Statistics

The first elements of the juvenile justice system in the United States began to emerge at the end of the 19th century as urbanization led to high rates of youth crime. The standard was to severely punish such crime and give long prison sentences, which appalled early reformers. The idea behind the creation of the juvenile system is based on the theory that youth benefits more from care and direction rather than isolation and punitive measures. The institutional legitimacy of the juvenile court took hold with the consideration that it is partially the responsibility of the state to act as a parent, particularly for those children without proper support structures, such as orphans or children from troubled families (Tanenhaus, 2018).

In the 1950s and 1960s, there was much public concern and debate regarding the juvenile system as it was viewed as ineffective. The Supreme Court made a series of rulings, including Kent v. the United States which identified that juveniles were not provided rights that adult criminals would have nor given the adequate protections and rehabilitative treatment that a child should have. In 1967, on the case of In re Gault, the Supreme Court expanded rights of minors facing charges.

In 1969, another Supreme Court case that the standard of evidence and conviction “beyond a reasonable doubt” must be applied to juvenile courts as well, which was not done beforehand. The 1975 case of Breed v. Jones establishes protections of youth against double jeopardy, particularly when it plays a role in the transfer to adult courts. The 2005 case Roper v. Simmons determined that it is unconstitutional to sentence minors to the death penalty. However, there is some differentiation between juvenile and adult courts, such as McKeiver v. Pennsylvania established that jury trials and some other adult constitutional rights are not applicable to minors (Meng, Segal, & Bogden, 2013).

After the softening of juvenile penalties in the mid-20th century, violent crimes continued to increase which led to a significant turnaround in the 1990s. States began to pass strict punitive laws, such as mandatory sentencing and blanket transfers to the adult penal system. This trend continued for some time, and only recently is the public and expert opinion beginning to support rehabilitation-focused practices again (Meng et al., 2013).

In 2017, there have been approximately 809,700 juvenile arrests made, which is at approximately 2,400 per 100,000 persons aged 10 to 17. This rate is 59% lower than a decade ago and demonstrates a 5% annual decrease (Office of Juvenile Justice and Delinquency Prevention, 2018). Overall, juvenile delinquencies have been decreasing, particularly for violent crimes.

Policing Perspective

Start.

Significance

Handling of Juveniles

A range of scientific research has identified that youth and adults have developmental differences and needs. This affects decision-making processes, which is more susceptible to lack of impulse control and peer pressure for youth. Research also shows that punishing young people with similar severity as adults does not promote successful rehabilitation or protect public safety. With maturity, youth will be less likely to engage in recidivism with appropriate resources.

Implementing adult-level punishments extends incarcerations which lower the opportunity for rehabilitation outside the penal system. Youth involved in the criminal justice system commonly come from difficult families and neighborhoods, experiencing or witnessing a wide range of violence and trauma. Incorporation into the adult penal system presents a further risk of aggravation for youth by creating the risk of sexual abuse, assault, and even suicide. It also leads to a denial of access to essential programs and rights such as educational counseling that can impede their re-entry into the communities and fundamental development needs (Juvenile Law Center, n.d.).

A significant concern in the handling of juveniles, a reflection of the adult system, is the extent of racial, ethnic, and economic discrepancies and discrimination for youth delinquents. Certain minority groups are overrepresented in the early stages of processing in the juvenile justice system which is concerning. Despite the African-American population compromising only 14% of the US population, black youth were involved in 36% of the delinquency cases (Claus, Vidal, & Harmon, 2017).

This is the effect of what is known as disproportionate minority contact (DMC) which is the context of police arrest and further processing of minorities in the penal system. While contextual factors such as poor socioeconomic environments and lack of educational attainment may contribute to the disproportion, it does not fully explain the phenomenon. The symbolic threat theory which suggests that racial stereotypes and profiling lead to the greater exposure and contact of minorities with the justice system.

In turn, DMC leads to significantly different handling of youth cases in court. Legal factors depend on crime severity, as discrepancies are more evident in minor crimes. For example, black youth are more likely to be formally processed, charged, and placed in correction placement than white youth for minor drug-related offenses. Racial and ethnic minority youth are more likely to receive harsher penalties such as being committed to a correctional facility or charged as an adult (Claus et al., 2017). This suggests that the handling of youth delinquents is both disproportionate and intentionally targeted towards minorities to place harsher punishments on them rather than promote rehabilitation.

Actions and Applicable Laws

Approximately 16,000 youth at any given time are locked in juvenile facilities without sentencing, with some not yet having a trial while others are awaiting disposition, essentially being held in prison without being committed (Sawyer, 2018). This is already a worrying trend which inherently allows for abuse of the system that forces youth to be transferred to the adult system without oversight or conviction or to be incarcerated for relatively minor offenses such as a technical violation or status offense.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) under the supervision of the U.S. Department of Justice has been taking concrete steps at evaluating alternatives to incarceration and supporting a wide range of state and community programs which offer opportunities for delinquents. The OJJDP has published guidelines for law enforcement and courts to follow to prevent unjust incarcerations, racial discrepancies, and transfer of minors to the adult system. In cases where incarceration is necessary, the OJJDP is exploring the options and effectiveness of reentry services to ensure a fluid transition to society (Calleja, Fisher, & Fernandez, 2016).

Minimum age laws, referring back to ACM, exist in 18 states which prohibit youth to be tried as adults and therefore undergo incarceration in adult prisons (Barnert et al., 2017). The legal Supreme Court cases discussed earlier outline the fundamental legal rights around juvenile cases which must be followed to ensure the Constitutional rights of the individuals. It has been recognized on numerous occasions by the highest court of the country that youth should be considered less blameworthy than adults, thus able to achieve rehabilitation, a court decision which should set precedent for lower-level courts (Juvenile Law Center, n.d.).

Otherwise, there are no legal frameworks or national laws guiding the juvenile justice process and incarceration. Procedures and sentencing are determined by the courts based on the socio-political trends and cannot be effectively reviewed or overturned without a long and complex court battle. A lack of appropriate legislation and transparency in the juvenile system is greatly concerning as it often leads to instances of harsh penalties and youth tried as adults. Furthermore, as described earlier, it creates a possibility for the abuse of power by courts and juvenile detention facilities which cannot be regulated without a proper legal framework.

Long-Term Effects

The most prominent argument for juvenile transfer to adult court and incarceration is public safety to ensure full accountability in accordance with the full letter of the law which is applied to adults. For particularly violent and egregious crimes, the public believes that strengthening sanctions will guarantee the prevention of recidivism. However, most people fail to consider long-term impacts on youth having to undergo transfer to adult court and imprisonment, which can be significant.

Extensive research demonstrates that juvenile adult incarceration is largely ineffective at reducing future criminal behavior or recidivism, potentially increasing it as juveniles face abuse, challenges, and criminal influence in the adult penal system. Most experts universally agree that lacking the opportunities and a support system in place in adult prisons, juveniles are more likely to experience negative outcomes, the likes of which are recidivism and re-arrest (Loughran et al., 2010).

The effects of juvenile to adult transfer extend beyond criminal justice and influence area. Evidence demonstrates a significant reduction in stability and earning potential later on in life, even if educational attainment was similar (quality of education was not examined). However, being processed through the adult system leads to a public adult criminal record that often restricts most job or educational opportunities (Taylor, 2015).

Youth are not provided required rehabilitative services in the adult system, which causes both, limitations on a healthy social and emotional development, as well as understanding the severity of their crime. Furthermore, juveniles are at a significantly higher risk in adult penal systems, facing dangers of sexual victimization or assault as statistically proven. As a result, they may be faced with lifelong trauma which will influence their mental health. Youth incarceration with adults leads to loss of liberty and identity with numerous restrictions on their ability to become wholesome human beings and responsible citizens later on as they become tethered to the criminal justice system (Gilman, Hill, & Hawkins, 2015).

Solution

The extent of punishment for juvenile delinquents has been largely dependent on public opinion, which is often based on misinformation and stereotypical portrayals of young violent offenders. Public policy discussions have been inconsistent over the decades, ranging from supporting rehabilitation to implementing harsh adult punishments. It is vital to determine a balanced solution that would present an adequate level of consequence while offering protection and opportunity for change for minors. Research indicates that reducing ACM and introducing lenient regulation is more effective in managing juvenile crime than harsh punishments and adult incarceration which are directly linked to recidivism later in life (Munyo, 2015).

Procedure and Sentencing Review

The first solution is meant to demonstrate a very passive approach that does not inherently implement any changes but shows a symbolic effort to resolving the issue. A review of sentencing and procedure protocols is warranted given that juveniles which are transferred to adult courts are given longer incarceration sentences or harsher terms of punishment (Lehman, Chiricos, & Bales, 2017). The latest trend of diverting youth away from the court system has failed to improve the process of formal prosecution of juveniles. This leads to a number of problems including a lack of quality legal representation, poor understanding of the court process by the defendant and their family, as well as vulnerability to the harsher sentencing options based on the circumstance.

The increased power given to juvenile courts to deal with young offenders will inherently impact the rest of their life. It is vital to ensure that an effective system of checks and balances exists to monitor these powers. Introduction of administrative review mechanisms that review cases and provide safeguards and protections for youth delinquents will ensure a fairer process of due trial and impact sentencing (Allison & Armitage, n.d.). In turn, this can prevent unjust decisions which lead to juveniles tried as adults or facing disproportionately harsher penalties.

Alternative Punishments

Introducing alternative punishments to incarceration and adult trial would be an incremental approach in creating a resolution to the issue. A wide variety of alternative methods have been proposed by experts, law enforcement, and policymakers, with many of them focusing on rehabilitation and guidance to prevent recidivism of crimes. Such mechanisms provide a greater focus on helping the young person to understand the weight and consequence of the crime, enable therapeutic processes to deal with any mental or emotional challenges which led to the crime and help to focus on greater integration into the community.

Therapy

Evidence-based practice demonstrates the effectiveness of therapy with youth, particularly those displaying opposition and conduct issues. Family therapy is helpful as an alternative punishment to incarceration as it helps for stronger family integration and ensuring stability. The sessions attempt to improve relationships and communications, which often play a role to some extent as the reason why the crime was committed.

The therapy approach focuses on empowering youth on realizing their errors and affect the change in their own lives. Some goals of therapy include mitigating risk factors and eliminating antisocial behavior (Karam, Sterrett, & Kiaer, 2015). The court can oversee this alternative punishment by ordering therapist evaluations and mandatory weekly sessions which must be followed to prevent incarceration.

Community-based Approaches

As more evidence emerges regarding juvenile delinquency and there is growing public concern regarding the conditions that youth experience in incarceration, community-based programs have emerged as an appropriate and humane alternative. This approach seeks to introduce local community programs which focus on treatment-oriented initiatives and rehabilitation. They provide homelike and non-correctional environments aiming to help youth find their way.

Such programs are well-supervised and have strong supporting staff, offering small, peer-led services. These programs highlight community service as a method of giving back to the community as a manner of payback for the committed crime. Youth development is also at the core of such programs, helping to create leadership experiences and opportunities to grow, both personally and academically (McCarthy, Schiraldi, & Shark, 2016).

Policy Change

Public policy has historically had a profound impact on the juvenile justice system in the US. Therefore, competent and widespread policy change, ranging from national to state and local levels is the most drastic solution out of all of them. Despite a recent trend of a more adjunctive approach, the US juvenile system remains largely punitive, with strong measures toward violent crime offenders and minorities. A solution would be to reform policy to focus on a restorative justice approach as it is successfully done in Europe and Australia. While in the US restorative justice takes second place behind punitive measures, in other countries it has become a statutorily mandated measure.

Restorative justice is a process where stakeholders and parties involved in the offense attempt to collectively resolve the aftermaths of crime. It is an inherently dialogic nature of justice, focusing on sentencing circles and victim-offender mediation. Restorative justice forces juveniles to reflect and engage in conversation and solution, positively impacting the development process and rehabilitation (Artello, Hayes, Muschert, & Spencer, 2015).

Implementing restorative justice into policy is a challenging process, particularly in socio-political environments where it is not widely accepted. Restorative legislation must balance the needs of the community with those of the offender. The most effective mechanism would be to include restorative provisions in statutes or penal codes that could be used to influence and guide juvenile court intents and practices.

Furthermore, hinging the evaluation of all levels of the criminal justice system on restorative justice as a method to determine funding eligibility may be effective as well. While the OJJDP strongly encourages and attempts to provide coordination of alternative responses, including restorative justice, to juvenile delinquency, it still remains only an agency which provides recommendations. It is vital to pass federal legislation, led by the US Department of Justice, which would set national standards for juvenile justice reform and shift the general trend towards restorative justice. Finally, it is important that restorative justice principles are clearly articulated in state law, ensuring a balanced approach and promote aspects of juvenile accountability (Pavelka, 2016).

Discussion

Trends in the Justice System

The juvenile justice system has been undergoing rapid reform over the last decade in the attempt to depart from harshly punitive measures of the 1990s which influence policy and court decisions to this day. Policy makers in national and state legislations are attempting to rebalance approaches to youth delinquents and improve the overall quality of the justice system. A number of initiatives are being proposed as policy including restoring independent jurisdiction to juvenile courts and divert youth away from the system.

The trend is to implement responsible fiscal accountability and promote distribution of resources that would enhance community alternative and seek better outcomes. Furthermore, the importance of risk factors and mental health is more recognized as both a causative factor and consequence of juvenile crime, leading to investment in appropriate response services. Finally, comprehensive efforts are being made to address racial disparities in the national criminal justice systems at all levels as the country faces an identity crisis regarding racial discrimination which reflects on the juvenile justice system as well (National Conference of State Legislatures, 2015).

Biblical Worldview

The Bible says “Yet the Lord longs to be gracious to you; therefore he will rise up to show you compassion. For the Lord is a God of justice” (Isaiah 30: 18-19, New International Version). Christianity views God as the pinnacle of justice, fully gracious, righteous, and graceful. God is able to manifest grace, mercy, but also toughness and being able to teach a lesson to those that deserve it. Applying Christian perspectives to the justice system has been done historically, and the United States, as a predominantly Christian country, has deeply involved religion in the process.

However, the recent trends of overcriminalization and harsh incarceration have deviated away from Christian principles. The biblical worldview suggests that human beings are not perfect, and deserve justice and mercy, with lives worthy of respect. The relationship between man and God should be fostered by cultivating morality and virtue. Religion stands for just causes of eliminating social inequality which is often the cause of crime and advocates for proportional punishment and rehabilitation (Eckman, 2017).

Introducing spirituality into the juvenile justice system as part of the method to assist social workers and other staff can significantly improve the well-being of youth. A diversity of religious practices, led by Christianity, can become proven coping mechanisms for the young people as well as structure the nature and ultimate objective of the correctional system. For example, historically, the Catholic church offered biblical guidelines to justify and determine the punishment for each behavior.

The guidelines can potentially aid juveniles in comprehending their actions and consequences of the punishment (Villa, 2016). While the modern justice system is a state entity, separate from religion, many principles of compassion, forgiveness, and spirituality can be utilized for the purpose of reform for the system and rehabilitation of youth.

Conclusion

Juvenile justice is a complex and controversial topic. It is particularly difficult to address when crimes are repeated or highly violent. Youth should not be sentenced or punished as adults, allowing for the opportunity for rehabilitation. It is evident that although there are attempts being made to improve the juvenile justice system, it is still broken and often has negative long-term impacts on young lawbreakers. It is better for society and the criminal justice system to ensure that juvenile justice is reformed through competent policy and efforts are made towards the rehabilitation of juvenile offenders which would prevent them from entering the adult criminal system.

References

Abrams, L. S., Jordan, S. P., & Montero, L. A. (2018). What Is a juvenile? A cross-national comparison of youth justice systems. Youth Justice, 18(2), 111-130. 147322541877985. Web.

Allison, M., & Armitage, S. (n.d.). Sentencing reviews for juvenile offenders: The need for a judicial mechanism. Web.

Artello, K., Hayes, H., Muschert, G., & Spencer, J. (2015). What do we do with those kids? A critical review of current responses to juvenile delinquency and an alternative. Aggression and Violent Behavior, 24, 1–8. Web.

S Barnert, E., S Abrams, L., Maxson, C., Gase, L., Soung, P., Carroll, P., & Bath, E. (2017). Setting a minimum age for juvenile justice jurisdiction in California. International Journal of Prisoner Health, 13(1), 49-56. Web.

Calleja, N., Fisher, J., Fernandez, M. (2016). Reducing juvenile recidivism through specialized reentry services: A second chance act project. OJJDP Journal of Juvenile Justice, 5(2), 1-11. Web.

Claus, R. E., Vidal, S., & Harmon, M. (2017). Racial and ethnic disparities in the police handling of juvenile arrests. Crime & Delinquency, 64(11), 1375–1393. Web.

Eckman, J. (2017). The church as an advocate of justice. Issues in Perspective with Dr. Jim Eckman. Web.

Gilman, A. B., Hill, K. G., & Hawkins, J. D. (2015). When is a youth’s debt to society paid? examining the long-term consequences of juvenile incarceration for adult functioning. Journal of Developmental and Life-Course Criminology, 1(1), 33–47. Web.

Juvenile Law Center. (n.d.). Youth tried as adults. Web.

Karam, E. A., Sterrett, E. M., & Kiaer, L. (2015). The integration of family and group therapy as an alternative to juvenile incarceration: A quasi-experimental evaluation using parenting with love and limits. Family Process, 56(2), 331–347. Web.

Lehmann, P. S., Chiricos, T., & Bales, W. D. (2017). Juveniles on trial: Mode of conviction and the adult court sentencing of transferred juveniles. Crime & Delinquency, 64(5), 563–586. Web.

Loughran, T. A., Mulvey, E. P., Schubert, C. A., Chassin, L. A., Steinberg, L., Piquero, A. R., Fagan, J., Cota-Robles, S., Cauffman, E., … Losoya, S. (2010). Differential effects of adult court transfer on juvenile offender recidivism. Law and Human Behavior, 34(6), 476-88. Web.

McCarthy, P., Schiraldi, V., & Shark, M. (2016). The future of youth justice: A community-based alternative to the youth prison model. New Thinking in Community Corrections, 2. 1-35. Web.

Meng, A., Segal, R., & Boden, E. (2013). American juvenile justice system: History in the making. International Journal of Adolescent Medicine and Health, 25(3), 275-278. Web.

Munyo, I. (2015). The juvenile crime dilemma. Review of Economic Dynamics, 18(2), 201–211. Web.

National Conference of State Legislatures. (2015). Trends in juvenile justice state legislation 2011-2015. Web.

Office of Juvenile Justice and Delinquency Prevention. (2018). Juvenile arrests. Web.

Pavelka, S. (2016). Restorative justice in the States: An analysis of statutory legislation and policy. Justice Policy Journal, 2(13), 1-23. Web.

Sawyer, W. (2018). Youth confinement: The whole pie. Web.

Tanenhaus, D. S. (2018). Juvenile justice in the United States. Oxford Research Encyclopedias: American History. Web.

Taylor, M. (2015). Juvenile transfers to adult court: An examination of the long-term outcomes of transferred and non-transferred juveniles. Juvenile and Family Court Journal, 66(4), 29–47. Web.

Villa, J. (2016). Multicultural training for mental health professionals working in the juvenile justice system. Web.

Abstract

For five types of evidence— drugs, firearms, glass, paint, and tool marks—the processes of identification, collection, and preservation were explained. For each type, it was established how to detect relevant evidence at the crime scene and judge its importance for further investigation. Also, necessary precautions and appropriate procedures for gathering evidence of all five types were described. Finally, it was explained how to deliver the evidence to the laboratory in a way that enables successful forensic analysis. Several general principles of collection and preservation were found, including keeping evidence intact (except for firearms that should be unloaded for safety) and packaging everything separately.

Introduction

Upon the initial walk-through at the crime scene, the next step is to properly identify and collect evidence and to ensure that it will be appropriately preserved for further analysis. The general crime scene procedures are similar for different types of physical and trace evidence, and the general principle is the same—to collect everything that can assist in solving a crime and in making sure that it is unaltered and not contaminated so that nothing interferes with analyzing it—but the specificity of different types of evidence should not be overlooked because they may present different complications on the collection and preservation stages (Saferstein, 2013). Five types of evidence were chosen to describe their proper identification, collection, and preservation: drugs, firearms, glass, paint, and tool marks.

Drugs

Drugs are defined as “any substance in violation of laws regulating the sale, manufacture, distribution, and use of drugs” (Saferstein, 2013, p. 81). Various types of regulated substances exist, and drugs come in many forms, which is why an investigator may overlook the presence of drugs at the crime scene. However, “common sense is the best guide in such situations” (Saferstein, 2013, p. 267). Anything that can be suspected to contain illegal substances should be treated as evidence. This may include powders, powdered crystals, granular substances, pills, dried leaves and other plant parts, and suspicious liquids (Millen, 2013). The presence of certain objects associated with drug use and drug production can indicate the presence of drugs at the crime scene, too; these objects include used syringes, burnt spoons, manually rolled cigarettes, laboratory equipment, and razors.

The collection of drugs at the crime scene is estimated as relatively simple, but several complications may occur. First of all, different packaging may need to be applied to different types of drugs due to different chemical and physical characteristics. Labeling evidence before delivering it to the laboratory is necessary. Moreover, it is recommended that investigators, when collecting substances suspected of being drugs, indicate for analysts the context of the collection, i.e., where exactly the sample was collected and what surrounded it. The practice of working with evidence shows that this indication can significantly reduce the time needed by analysts to identify substances (Saferstein, 2013). Since the list of controlled substances in the United States is “extremely flexible” (Saferstein, 2013, p. 268), the illegal status of certain substances may be reconsidered at any time, but any evidence suspected of being a dangerous drug that is confirmed to cause physical and psychological addiction should be collected with proper tools, including bags, envelopes, and possible scalpels or razor blades if suspicious substances need to be scraped off a surface.

Being organic substances or synthetic chemical compounds, drugs are more likely to be contaminated than some other types of physical evidence, which is why their preservation is crucial. To avoid loss or cross-contamination, drugs should be packaged reliably, and their original packaging normally meets this requirement of preserving the original content (Baxter, 2015). Complications may arise with volatile drugs, such as solvents used for sniffing. A container for them should be airtight to ensure that the solvent does not evaporate. In case the collected substance’s actual component that is regulated as a drug is lost, the substance may become inadmissible in court.

Firearms

Important pieces of evidence that can be collected at a crime scene are any types of firearms as well as discharged or intact ammunition suspected of being involved in a crime. Firearms usually come in two forms: handguns and long guns. Firearms identification is the study of weapon characteristics that allows identifying whether particular ammunition items detected at the crime scene were fired from certain firearms. The inner surfaces of gun barrels, known as bores, are rifled, i.e., spiral grooves are impressed on them, for the purpose of spinning a bullet when it is fired. The striation of rifled barrels, i.e., the pattern of striae, grooves on the bore, is unique, which means that markings on a bullet can theoretically allow identifying the gun from which it was fired (Saferstein, 2013). Detecting firearms and bullets or cartridges at the crime scene rarely involves complications.

Firearms may have important evidence on them, such as fingerprints, which is why the specialist who collects them should wear latex gloves and hold them carefully in the areas that were unlikely touched by a person who fired them. This will prevent scratching, contaminating evidence with grease, the presence of investigators’ fingerprints on a gun, and other possible complications. Also, firearms may have substances on and inside them that can indicate when guns were fired, which is why it is important to package these pieces of evidence into plastic bags. If bullets need to be extracted from any surfaces at the crime scene, an investigator should use tweezers (if the bullet is close to the surface), but the extraction should be carried out carefully not to scratch the bullet (Fisher & Fisher, 2012) because it may display a pattern that will allow identifying the firearm from which it was fired.

Although firearms are less vulnerable than some other types of physical evidence, such as chemical compounds or organic substances, it is necessary to deliver them to the laboratory as soon as possible because the early analysis is more likely to indicate when a gun was fired. To prevent contamination and physical damage, firearms and ammunition should be packaged in plastic bags. However, before this, it is necessary to unload the weapon to prevent accidental discharge because safety is the main consideration (Saferstein, 2013). Concerning bullets, they need to be wrapped in tissue paper and put into an envelope; the wrapping is needed to preserve minute evidence that may be present on the bullet, including chemical substances or fibers. Under normal conditions, not many factors can cause the inadmissibility of firearms and ammunition in court.

Glass

There are two primary purposes of forensic analysis of glass fragments or particles: first, they may contain minute traces of evidence indicating who contacted this glass; second, they may be analyzed for their origin. The former is needed in such cases as breaking and entering, burglary, or similar cases where offenders break glass with illegal intentions. Fragments of broken glass may contain fibers of suspects’ clothes, drops of their blood, or other indicators of who broke the glass. In terms of establishing the origin of glass fragments, it may be needed in hit-and-run accidents for identifying a vehicle involved in an accident (Saferstein, 2013). Also, bullet holes in glass may be subject to forensic analysis. Identification of glass fragments at the crime scene rarely involves complications.

Concerning the collection of glass evidence, the first rule for an investigator is to gather all the glass fragments that can be found at the crime scene. For example, in investigations of hit-and-run accidents, collecting all the shattered parts of the headlight and reflector lenses of a vehicle that escaped the accident scene is crucial because matching these fragments with glass that remained in the suspect vehicle can become ultimate evidence for placing the vehicle at the crime scene. Therefore, any shattered glass should be appropriately collected if “even the remotest possibility exists that fragments may be pieced together” (Saferstein, 2013, p. 362). Since glass fragments can be sharp and dangerous, appropriate safety measures should be taken by an investigator to prevent cuts and breakages of packaging. Glass should be collected carefully to prevent further breaking and placed in paper bindles and then in envelopes, boxes, or cans (Spear, Rush, Massetti, Weigand, & Traughber, n.d.). Bindles are needed to prevent loss and edge damage.

Concerning preservation, glass is known to be chemically inactive, i.e., not many substances can affect the composition of glass, and it does not react with most substances that it can contact under normal conditions. However, glass is fragile, which is why it is needed to place large fragments, especially those that are not flat, in boxes to prevent further breaking. Also, despite the resistance of glass to chemical influences, traces of evidence that can be found on glass may be affected by contamination, which is why preservation from contaminants is still required.

Paint

Paint is important evidence because it covers various surfaces and can be easily transmitted from one object to another, either in liquid or dried forms, thus indicating a contact and possible involvement in a crime. Identification of paint traces at the crime scene is often associated with the search for paint chips, i.e., small particles of dried paint that peeled off a surface. Even the smallest paint chips should be collected because as small amounts of them as 20 micrograms (Saferstein, 2013) can be used in the analysis. Therefore, identification may require scrutiny, but it is justified by the importance of this evidence for placing suspects at the crime scene.

Saferstein (2013) particularly describes the procedures of collecting paint in investigating hit-and-run accidents. In these cases, paint chips are usually found on the clothes of people involved in the accident, on vehicles, on near them. It is especially stressed that paint chips should be kept intact, which is a rather difficult task due to their thinness and fragility, which is why the collection should be carried out “with the utmost care” (Saferstein, 2013, p. 350-351). A way to do it is to use tweezers or a piece of paper to pick paint chips up. Glass and plastic vials should be used as containers. Also, if the paint is smeared on an object, it is better for an investigator to package the entire object and deliver it to the laboratory than to try to scrape paint off. In hit-and-run accidents, paint from undamaged parts of suspect vehicles should be collected, too, for the purpose of comparison.

In terms of preservation, it is noteworthy that paint can be contaminated by the presence of various chemicals, which is why it is necessary to isolate it from exposure to any substances until it is delivered to the laboratory (Fish, Miller, Braswell, & Wallace, 2013). Also, when collecting different samples (from damaged areas, undamaged areas, deeper layers of previous paint, and so on), an investigator should make sure to use disposable scalpels every time to prevent cross-contamination of different paints, thus preserving them for analysis.

Tool Marks

On various surfaces and objects at the crime scene, marks can be found that can be attributed to something that served as a tool in the investigated crime. These marks may include “impression, cut, gouge, or abrasion“ (Saferstein, 2013, p. 214). Identifying tool marks can be challenging because the tool itself may be absent, which significantly increases the number of mark types to be searched; besides, it is not always evident which marks at the crime scene are relevant to the crime (by being caused by the contact with an instrument of crime) and which may be irrelevant because they had appeared before the investigated crime was committed. In identifying a tool mark, it is important that an investigator should not fit the suspect tool into the mark because any contact will alter the mark and complicate or make further analysis impossible.

For the collection of evidence, the entire object with a tool mark should be packaged and delivered to the laboratory. In case the transportation of such an object is impractical, the mark should be photographed, or a cast should be made with liquid silicone. However, this will significantly reduce the chances of successful individualization of the mark to the suspect tool.

The value of tool marks as evidence is that they allow placing a suspect tool at the crime scene, but in order to prove the connection, both the mark and the tool should be properly preserved, and any contacts between them or between the mark and other objects and the tool and other objects should be prevented. For example, in burglaries, paint found on a tool can serve as valuable evidence, as “paint [chips] adhering to the mark or tool provide perhaps the best example of how the transfer of trace physical evidence can occur as a result of using a tool to gain forcible entry into a building” (Saferstein, 2013, p. 216). Loss or destruction of physical evidence on a suspect tool or a tool mark can make this evidence inadmissible in court.

Conclusion

Five types of evidence have been addressed to determine how they should be identified at the crime scene, collected, and preserved. The types of evidence are drugs, firearms, glass, paint, and tool marks. It has been shown that pieces of evidence may vary to a large extent in terms of difficulty to detect them, process, and deliver to the laboratory. However, there are general principles applicable to all of them: as many pieces of evidence should be collected as possible; everything should be properly labeled and accompanied by some context to facilitate further analysis; evidence should be kept intact (with the only exception of safety considerations: firearms found at the crime scene should be unloaded); and separate packaging is required in most cases to prevent cross-contamination. It can be concluded that a proper and thorough approach to the identification, collection, and preservation of evidence is crucial in solving a crime.

References

Baxter, E., Jr. (2015). Complete crime scene investigation handbook. New York, NY: CRC Press.

Fish, J. T., Miller, L. S., Braswell, M. C., & Wallace, E. W. (2013). Crime scene investigation (3rd ed.). New York, NY: Anderson Publishing.

Fisher, B. A., & Fisher, D. R. (2012). Techniques of crime scene investigation (8th ed.). New York, NY: CRC Press.

Millen, P. (2013). Crime scene investigator: True stories of forensic detection. London, UK: Constable & Robinson.

Saferstein, R. (2013). Forensic science: From the crime scene to the crime lab (2nd ed.). Boston, MA: Pearson.

Spear, T., Rush, J., Massetti, J., Weigand, J., & Traughber, M. (n.d.). Evidence packaging: A how-to guide. Web.

Conducting Risk and Vulnerability Assessments

Risk management refers to the process of setting up various measures within an enterprise for the purpose of addressing any identified risks and thus, entails plans to avoid, reduce, spread transfer, eliminate, as well as accept risks. However, for effective risk management and vulnerability assessments, there are important elements to put into consideration (Garcia, 2011). For example, in the case of a large retail enterprise that has recently experienced an increase in customer volume, an increase in product theft, and an increase in work-related injuries, and workplace violence incidents, there would be a need for a risk and vulnerability assessment.

Some of the elements to look for include the possibility of a negative event occurring, the impacts of the event on the operations of the enterprise, as well as the identification of aspects within the enterprise which may some additional attention.

A number of questions would be important to identify and assess the enterprise-level risk and vulnerability issues such as what can has gone wrong, what is the probability that the risk will occur, as well as what are the expected consequences of the risks.

It is important for companies to conduct risk and vulnerability assessments. This can be attributed to the assessment of risks and a company’s level of vulnerability provides awareness of risks and hazards in any given organization. Secondly, such a process is important in that it identifies the target of any risks (Garcia, 2011). Thirdly, the risk and vulnerability assessment process is important in that it provides information on the adequacy of any control measures within a country as far as their efficiency in preventing and eliminating risks are concerned. As such, a company is able to prioritize hazards as well as control measures based on information from the assessment.

Reference

Garcia, M. (2011). Vulnerability assessment of physical protection systems. Boston, UK: Butterworth-Heinemann.

Defining a Threat

The definition of any threat is important during the vulnerability assessment process. Defining a threat provides the necessary information to site managers for the purpose of adopting appropriate measures to counter the occurrence as well as the impacts of the expected threat. In most of the cases, the effective definition of a specific threat for a community is based on the historical evidence of the area to prove that a threat is imminent (Garcia, 2011). If I were to analyze my community’s history of past events, some of the elements that I would still consider as imminent threats to my community today include climate change, cyber-attacks, bioengineered pandemic and nuclear war.

The increased release of harmful emissions to the atmosphere is a potential threat to global warming and subsequently, climatic change. Secondly, improved technology has brought with it adverse consequences such as cybercrimes as well as biological weapons that can have adverse effects on people and the environment. On the other hand, increase in political conflicts all over the world has increased the demand for more powerful weaponry. This has raised the fear that the occurrence of nuclear war is imminent. This is based on the fact that there have been two incidents where nuclear weapons were used-Nagasaki and Hiroshima during the World War II.

It is important to prove that threats are properly defined and identified. This is done through listing the necessary information regarding the concerned threat, the collection of the potential threat’s information, as well as ensuring that it is organized into a usable manner.

Reference

Garcia, M. (2011). Vulnerability assessment of physical protection systems. Boston, UK: Butterworth-Heinemann.

Physical Security

Physical security refers to the measures that are adopted for the purpose of preventing any unauthorized individuals from accessing resources, equipment, and facilities. Thus, this type of security is also aimed at ensuring that property and personnel are safe from harm or damage. Various approaches can be adopted to deal with any form of physical security. For example, several physical security measures are used in my community nowadays including the use of physical barriers, natural surveillance, security lighting, alarms and sensors, access control, as well as video surveillance.

The physical barriers used included vehicle barriers, walls, and fences which are considered to be the outermost layer of security (Fennelly, 2012). As such, they make intrusions a bit difficult through the definition of a facility’s perimeter. Natural surveillance refers to the incorporation of security concerns into the design of facilities. In this case, spaces are left during the construction of facilities such that it is possible to see any entry of unauthorized individuals.

Security lighting acts as a source of fear to intruders. On the other hand, alarm systems and sensors are used for the purpose of alerting security any unauthorized access. Similarly, surveillance cameras installed in visible areas are used for verifying incidents and analyzing incidents’ history.

All the outlined measures are effective in regards to crime control and prevention. In spite of this, with the increased crime cases despite the availability of physical security measures, there is still a need for the improvement of physical security within the community. To improve the physical security measures in the community, creating awareness of the need for better and operational security measures through security training. The access control is more efficient as the approach combines various security systems.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

The 3D Approach

The 3D approach to human space assessment can be defined as a process that involves the design and use of a particular space for the purpose of ensuring that they are applied in the right manner. For this reason, it is important to base safety and security on the dimensions of human space since it ensures that measures are implemented prior to the occurrence of any criminal activities. Such an approach ensures that the opportunities for crime are reduced by designing and using human space appropriately.

There is a close relationship between environmental design and criminal behaviors. It is theoretically believed that different types of urban environments can lead to various criminal behaviors in a number of ways (Crowe, 2011). For example, the characteristics of urban environments have adverse impacts on the people living in them. These features include overcrowding, pollution, and noise, among others.

On the other hand, the environmental engineering formula has a lot of impacts on the social features of individuals within a community. This is based on the fact that the there are various features within a community triggered by the environmental design, which affect the social relationships of the people living in such environs. For example, the engineering formula can lead to characteristics such as dehumanization, anxiety, and loneliness that can trigger criminal behavior.

It is important for homeowners and businesses to focus on the appropriate development and management of environmental space as this reduces the probability of developing negative characteristics that might eventually lead to the adoption of various criminal behaviors among individuals.

Reference

Crowe, T. (2011). Crime prevention through environmental design in the twenty-first century. Boston, MA: Butterworth-Heinemann.

Situational Crime Prevention, Opportunity Blocking and the SARA Model

Community policing is considered to be a strategy in the form of a philosophy used in the promotion of organizational approaches for the purpose of supporting the adoption of partnerships as well as other problem-solving approaches aimed at proactively addressing community problems and conditions that might trigger criminal behaviors (Crowe, 2011). There are three main components of community policing, which include the establishment of community partners, organizational transformation, and problem solving.

Situational crime prevention refers to the process of focusing preventive measures on crime hotspots, while opportunity blocking is the strategy where organized crime activities are deliberately hampered.

The SARA problem-solving model is an approach used in community policing for the purpose of formulating the process to be followed whenever solving any problems within the community. In most of the cases, the SARA model is used by law enforcement agencies and it is divided into four stages including scanning, analysis, response, as well as assessment (Sorensen, 2009). It is very important as far as helping in overall mission of crime prevention and community policing is concerned in that its separate stages provide a proper sequence that is easy to follow to ensure that the set objectives are achieved easily.

For example, the scanning step ensures that problems within a community are identified and prioritized. The analysis stage on the other hand, provides more information about the identified problems through research. The response stage allows the concerned agency to develop solutions that can be adopted in reducing the occurrence as well as extent of the identified problems. The last stage is the assessment phase where the response provided is evaluated to determine whether or not it is successful.

It is important for law enforcement to work with the community in crime prevention efforts in order to get firsthand information about the problems the community has.

References

Crowe, T. (2011). Crime prevention through environmental design in the twenty-first century. Boston, MA: Butterworth-Heinemann.

Sorensen, L. (2009). Economic misery and crime waves. Rockville, MD: Sikyur Publication.

Regulatory Compliance

The safety of the workforce is a very important element that must be given consideration whenever designing any security programs within an organization. This is attributed to the fact that there are various needs and demands of the workforce in any company that ought to be complied with for all security programs for a chance of such programs to be successful. Some of the standards and regulations that security programs must follow in regards to security operations that affect life and workplace safety include the Gramm-Leach-Bliley, Sarbanes-Oxley, FISMA, credit card process, and HIPAA (Fennelly, 2012).

In addition, the success of any security program is tied to the available risk standards as well as any associated regulations. For this reason, it is important for security programs to have strictly defined risk standards and regulations. Such an approach ensures that there are platforms that can be used in the assessment of any security attacks within an organization. Having set standards and regulations ensures that the necessary measures to deal with any security can be developed and effectively implemented.

Therefore, it can be considered that the availability of such standards and regulations gives the company an opportunity to assess, identify, and respond to risky situation with regard to the set standards and regulations. Furthermore, such standards and regulations are important as far as organizational compliance to security management is concerned.

Security companies are audited to determine their compliance with life and workplace safety standards. However, there are cases where companies are found to be out of compliance with regard to the life and workplace safety standards. In such cases, the company is compelled to adopt a compliant security system.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

S.O.X. The Sarbanes-Oxley Act of 2002

The Sarbanes-Oxley Act of 2002 administered by the United States Securities and Exchange Commission has significant implications for physical and information security programs. This is attributed to the fact that the Act sets out laws and regulations that govern the operations of any organization as far as their security programs are considered.

There are a number of strategies that are adopted to ensure that records and any other information stored does not get compromised (Fennelly, 2012). Some of these measures include the implementation of access control and the use of encrypting technology. The access control tools such as PIN numbers and passwords are used to ensure limited access to any information. The implication is that only authorized individuals can access such records and hence, minimizes cases of stored information being compromised. In addition, information encrypting is used to ensure that only specific individuals with the access key to decrypt such documents can access it. Such approach is effective in that unauthorized individuals cannot access the stored information.

There is no definite time for a security company to retain records although it is advisable to have such records permanently. This is because there is no certain time when risks might occur. There are instances when a security company is audited but does not provide all the requested documentation from a record. In such a scenario, penalties, fines, and disallowances are imposed, which could have adverse impacts as far as the reputation and financial position of the security company are concerned.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Access Control

In any organization, there is certain extent of control as well as security that ought to be maintained. However, achieving the needed control depends entirely on the significance of the security interest alongside its sensitivity and nature. A “restricted area” can be described as any area whose access is limited to a specific person or group of people (Fennelly, 2012). In most of the cases, restricting a given area is a security measure and it is done to ensure that only limited number of people have access to the restricted area. This is done to lower the cases of external security threats (Fennelly, 2012). For this reason, individuals with the access to “restricted area” are always accountable for any breach of security in such areas.

Restricted areas are classified as exclusion areas, limited areas, or even controlled areas (Fennelly, 2012). A controlled area refers to a part of a restricted area that is next to, or surrounds an exclusion or limited area. However, in such areas, there is no control of movement for unauthorized individuals. Secondly, limited areas refer to restricted areas that are next to the area of security interest. In such areas, movement of individuals is controlled. Lastly, the exclusion area represents a restricted area that hosts the security interest. Movement in such areas ought to be controlled since the lack of such control allows unauthorized people to access areas of security interest.

During the design and the development of a physical protection system within a company, the classification of restricted areas is important. This is based on the fact that such grouping makes it easy for security personnel to monitor the restricted areas for the purpose of ensuring that there are no unauthorized people to such areas.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Information Technology

Technology plays a significant role in enhancing security. One of the most important skills for a security systems designer is to understand TCP/IP (Transport Control Protocol/Internet Protocol). The Transport Control Protocol/Internet Protocol refers to an internet suite if protocol that is used in the provision of reliable, ordered as well as error-checked octets’ stream that operate on hosts and communicate through an internet protocol network. As such, the TCP/IP comprises of two layers whereby the higher layer is the Transport Control Protocol, while the lower layer is the Internet Protocol.

While the work of the TP layer is to ensure that a file or even a message is assembled in to smaller transmittable packets, the IP ensures that all the packets are send to the appropriate destination. This done by adding information regarding in packet’s address. For this reason, it is important to understand how TCP/IP works for development of security systems, as such knowledge is important for the assessment of the efficiency of any security measures adopted. On the other hand, a security program designer would not want to solely rely on the technology installer in regards to the understanding of how this system works as it does not provide clear details.

Understanding how the Transport Control Protocol/Internet Protocol works is very important to any security designer as well as generally for any security initiative. This is attributable to the fact that with such knowledge, it becomes easy to identify areas that are vulnerable to security attack (Fennelly, 2012). In addition, the knowledge about the operation of TCP/IP helps in effective design and development of strong security systems. As such, the lack of the understanding on how TCP/IP works puts any security system at risk of attack since all security measures adopted while developing such a system must be based on the operations of the Transport Control Protocol/Internet Protocol.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Categories of Information

Information cannot be categorized into standard units. In spite of this, there are logical groups which can be used to distinguish various forms of information. These groups include private and personal information, national security information (which is further divided into classified and unclassified information), and lastly the business information (Fennelly, 2012).

The personal and private information can be described as information that has a lot of significance to an individual, though it would have some level of importance to the business and the government as well. Some examples of private information include a person’s likes and dislikes, salary, phone number, address, weight, as well as age. In spite of the fact that such information is personal it is important to develop a security program aimed at ensuring that such information remains secure. This is attributable to the fact that there are individuals who are interested in such information for criminal action since it is valuable.

Business information on the other hand, refers to any information that pertains to business and may include aspects such as the number of employees, business transaction, returns, and losses. Such information can be further subdivided into corporation trade secret, corporation proprietary, corporation sensitive, corporation private, as well as corporation internal use (Fennelly, 2012). Based on the significance of business information, it is important to have security programs to protect it from individuals who would wish to use it for self-interests.

Government information refers to information about the operations of any government such as policies, and security details. Such information ought to be protected to prevent any internal and external attack. There are numerous risks of leaving information unprotected but the most significant one is that actions give potential unauthorized users of such information easy time to carry out their attacks.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

The Role of the Corporate Security Manager

A Corporate Security Manager (CSM) refers to an individual put in charge of the overall security in any given corporate institution (Fennelly, 2012). As such, a corporate security manager plays significant role as far as enhancing the security of any given area is concerned. Some of the duties and responsibilities of a CSM include the management of the daily security operations in any institution, supervising the corporate security team, identifying and making recommendations regarding security measures to be adopted in any institution.

By managing the security operations, the CSM ensures that all activities within his jurisdiction are carried out according to the requirements of the corporate and that there are no cases of unauthorized access to restricted areas and classified information (Fennelly, 2012). As a supervisor, the corporate security manager ensures that the security team members are carrying out their daily tasks in line with the set standards and policies. On the other hand, an individual mandated with the role of the corporate security management ought to identify, assess, as well as recommend any appropriate security measures that ought to be implemented in a given institution to ensure that all company’s assets and information is protected.

A CSM is important in the development of information and physical protection systems and generally in the information protection industry. This is attributed to the fact that the CSM that all the necessary security measures and procedures are taken into consideration when developing any security systems.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Response Tactics

Security officers in any organization are mandated with the duty of responding to security incidents. As such, the efficiency with which such individuals respond to any security issues determines the success of the security initiative adopted. One of the major responsibilities of a security officer is incident response. According to Fennelly (2012), there are certain “standards of performance” which are likely to affect the security officer’s ability to successfully respond to incident.

First, security officers ought to be aware of various legal requirements as far as plant protection and industrial security are concerned. A security officer differs from a police officer in that they cannot enforce the law and hence, they are only mandated to protect goods and services within an organization (Fennelly, 2012). As such, their objective is to ensure that the operations of any organization are smooth as opposed to the enforcement of law. In spite of this, there are special cases when security officers can be required to arrests any offenders but such cases can only be applicable if the offense committed is a felony. In addition, the security officers must be authorized to make the arrests by a superior officer.

The standards of performance affect the security officer’s ability to successfully respond to incident in that they have to follow certain laws and regulation when responding to an incident. For example, they are not allowed to make any arrests unless it is within the set requirements of the standard performance.

There are a number of risks associated with the role of the security officer if the standards of performance are not adhered to, such as being dismissed from job, or prosecuted for failing to follow the required standards.

Reference

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Security Threat Procedures

In any security attack, the involved security officers are exposed to a number of threats and security-related incidents. This is attributable to the fact that these individuals are in direct contact most of the time with perpetrators of criminal activities (Braga, 2010). As such, some of the threats a security officer may be exposed to include bodily harm, psychological harm, loss of property, as well as death. For this reason, there is a need for effective measures within an organization that ensure the protection of organization’s security personnel (Fennelly, 2012).

First, security officers ought to be aware of how to respond to alarms. As such, they ought to have basic knowledge regarding the strategy of protective as well as fire alarm systems as such circumstances are common in organizations. Being aware of how such systems function would help them respond effectively and avoid the consequences of such security risks.

Secondly, there ought to be the necessary training regarding the duty of care among the security officers. Such a duty describes reasonable actions that the officers can engage in when faces with various situations. As such, the duty of care ensures that the officers can secure and protect a crime scene as required. With such knowledge, the security officers are able to protect themselves to risk of bodily harm or even death.

On the other hand, the security officers ought to be aware of ways to identify and respond to emergency situations (Fennelly, 2012). For this reason, organizations should create and develop emergency response procedures and ensure that they are effectively used to reduce the risk of exposure to security threats among the security officers.

References

Braga, A. (2010). Gun violence among serious young offenders. Washington, DC: United States Department of Justice.

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Domestic Violence Prevention

Legally, domestic violence refers to the psychological, sexual, as well as physical abuse on one’s spouse or child that can take the form of assault, bodily harm, physical harm, emotional abuse, threats, manipulation, as well as sexual abuse among other types of behaviors that are adopted by individuals as way to maintain power, intimidation, and fear. It can also be defined as the act of inflicting harm (bodily or otherwise) on family members.

Victims of domestic violence vary since such mistreatment is discriminatory in terms of age groups, sexual orientation, religion, race, and social class. In spite of this, the other immediate victims of domestic violence are friends, co-workers, employers, grandparents, parents, children, and family. Nevertheless, in most of the cases, women and children are the major victims of domestic violence.

Although there is no theoretical background on the reasons why domestic abusers engage in such acts, there is a common belief that the gender analysis of power plays a significant role to the occurrence of domestic violence (Fennelly, 2012). In spite of this, there are concerns that early traumatic life experiences, personality disorders, and having been abused during one’s growth can be instrumental in the development of emotional problems leading to domestic violence. In addition, insecurity and jealousy can fuel emotional behaviors whereby the violent tends to consider themselves being inferior or even inadequate to the victims.

On the other hand, there are concerns that changes within the society such as the advocacy for equal rights have led to rage and hostility among individuals who are different in terms of gender, race, social class, or even age groups. However, everybody is ultimately responsible for domestic violence prevention, and this can be done through spreading awareness of the consequences of domestic violence.

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Identity Theft

Identity theft refers to the crime where an individual knowingly uses another person’s data to carry out criminal activities. There are numerous types of crimes that are associated with identity theft and in most of the cases such activities are aimed at deception, and fraud (Braga, 2010). Deception is whereby individuals use other people’s identity to get things that do not rightfully belong to them.

For example, mails are lost through when a certain person obtains custody, and remove contents of a given mail through false representation. On other instances, identity crime is carried out when dishonored checks are issued to an individual as a result of deception. Fraud cases resulting from identity theft are many. For example, forging of document to conceal one’s identity as well as assume another identity is common incident nowadays (Braga, 2010). As such, individuals tend to use identity as well as other documentation belonging to other people to defraud or to cause injury.

An individual’s identity can be stolen in a number of ways. For example, an individual’s identity can be stolen in public places through “shoulder surfing”, or even where the criminals get details from certain conversations that tend to reveal particular information about a person such as credit card number or calling card number.

Secondly, identity criminals obtain other people’s information from discarded “pre-approved” credit cards that are not disposed effectively. In other cases, people lose their identity to criminals through the use of public facilities such as through the interception of mail in scenarios where one’s mails are delivered in areas where other people can access. On the other hand, one’s identity can be stolen through phishing.

To prevent identity theft, people should exercise caution when using their details in public or even over the internet. People wishing to learn about identity theft can visit government and non-governmental sites addressing issues related to identity theft.

Reference

Braga, A. (2010). Gun violence among serious young offenders. Washington, DC: United States Department of Justice.

Terrorism

Understanding the fundamentals of terrorism plays a significant role in combating terrorism. This is attributed to the fact that measures adopted ought to align with the basics of terrorism. As such, the lack of the fundamental knowledge of terrorism makes it quite hard to develop effective measures of dealing with terror problems.

Defining the term terrorism is quite challenging since different people have different aspects of what terrorism entails. However, it is considered to be a type of violence that is motivated as well as premeditated by politics and is targeted on noncombatant targets (Hudson, 2011). In most of the cases, terrorism activities are meant to bring about a certain influence on a given audience. As such, international terrorism can be considered to be a terror activities carried out by individuals from more than one country. On the other hand, the domestic terrorism is defined as the terror activities involving citizens from one country.

Terrorism can be categorized into various groups such as transitional and international, domestic and international, social, religious, political, revolutionary, nationalistic, ethnocentric, and separatist. The various categories of terrorists are based on their general objectives and affiliation. For example, domestic category of terrorists operates within a country’s borders, as opposed to international ones who can carry out terror activities in any country of interest depending on their intended influence.

Some of the motives of terrorism include invoking fear, harm people, as well as cause some significant influence (Hudson, 2011). To achieve such motives, the terror groups often attack a given section of people, wound, as well as kill some individuals. A number of resources are used at the local, state, and federal levels to combat terrorism including creating awareness regarding terrorism and how to avoid be recruited to terror group, as well as having strict laws and regulation to prevent incidents of terrorism by blocking terror individuals from gaining access to restricted areas. Such measures are effective as awareness reduces the number of people joining terrorism, while having access controls reduces cases of terror attacks.

Reference

Hudson, R. (2011). The sociology and psychology of terrorism: Who becomes a terrorist and why. Charleston, SC: CreateSpace Publishers.

Crisis Management

A crisis management team refers to a team created in an organization for the purpose of responding to any warning signs regarding a potential crisis, as well as adopting the appropriate pans to deal with such problems. For this reason, this team is considered to be highly efficient as far as handling as well as de-escalating a crisis is concerned.

The functions of a crisis management team include to detect early signs regarding a potential crisis, identify any challenges anticipated in a given area, obtain feedback form employees regarding a given concern within an organization, preparing crisis management, as well as help organizations and employees to deal with any problems that they encounter courageously. Such approaches are often adopted to ensure that an organization and its employees are not adversely affected in terms of their productivity following the occurrence of a crisis (Coombs, 2007).

Crisis management differs from incident management in that, while crisis management focusses at the detection of potential crisis’ signs, the incident management process identifies, categories, investigates, corrects, and prevents recurrence of any potential incidents.

Incident management entails the plans that are adopted with regard to a disruption in the operations of an organization or region. As such, incident management focuses on returning activities to their normal state. On the other hand, crisis management involves the adoption of plans that are implemented as protective and defensive measures with regard to an organization’s reputation, products, services, and brand. As such, crisis management is strategic, communications-oriented, and reputation-focused, while incident management is tactical, action oriented, and operations-focused.

Reference

Coombs, W. T. (2007). Crisis management and communications. Institute for public relations, 4(5), 6.

Corporate Policy and Procedure

Corporate policy and procedure plays a significant role in the successful operations of any organization. Similarly, it is important for companies to have clearly defined security and safety policies and procedures for a number of reasons. This is attributable to the fact that such policies and procedures help to ensure that there is consistency, productivity, as well as efficiency of business administration. This is achieved easily since all the employees and the managers are aware of what is expected of them at any given time. Security and safety policies and procedures are very important in ensuring that all organization’s employees are vigilant as far as security attacks are concerned and hence, carry out activities in line with the security requirements within the company (Bulgurcu, Cavusoglu, & Benbasat, 2010).

There are several topics that are available in a safety and security policy. Some of these topics can include measures to adopt in case of a security attack, steps to follow in order to counter a given attack, as well as approaches used to identify and respond to a security threat. A policy is described as a predetermined course of action within an organization, that is used in the provision of guidance as far as the organization’s objectives and strategies are concerned. On the other hand, a procedure is a plan that contains the steps to be followed for the purpose of implementing an organization’s policy.

FEMA help companies and organizations develop emergency management plan by offering the necessary support and guide regarding the right approaches to emergency management. In the event of a man-made or natural disaster, FEMA provides various resources to the affected communities including material support such as food, shelter, and immaterial support such as funds.

Reference

Bulgurcu, B., Cavusoglu, H., & Benbasat, I. (2010). Information security policy compliance: An empirical study of rationality-based beliefs and information security awareness. MIS quarterly, 34(3), 523-548.

References

Braga, A. (2010). Gun violence among serious young offenders. Washington, DC: United States Department of Justice.

Bulgurcu, B., Cavusoglu, H., & Benbasat, I. (2010). Information security policy compliance: An empirical study of rationality-based beliefs and information security awareness. MIS quarterly, 34(3), 523-548.

Coombs, W. T. (2007). Crisis management and communications. Institute for public relations, 4(5), 6.

Crowe, T. (2011). Crime prevention through environmental design in the twenty-first century. Boston, MA: Butterworth-Heinemann.

Fennelly, L. (2012). Handbook of loss prevention and crime prevention. Waltham, Mass.: Elsevier.

Garcia, M. (2011). Vulnerability assessment of physical protection systems. Boston, UK: Butterworth-Heinemann.

Hudson, R. (2011). The sociology and psychology of terrorism: Who becomes a terrorist and why. Charleston, SC: CreateSpace Publishers.

Sorensen, L. (2009). Economic misery and crime waves. Rockville, MD: Sikyur Publication.