Abstract
This paper poses questions regarding the conflict between civil liberties and security against terrorism. In particular, the paper examines fundamental issues of constitutional principles in relation to the rights of ordinary persons as well as subjects of criminal and/or counter-terrorism investigations. According to the paper, the fundamental argument is where to appropriately draw the line between civil rights and the privacy rights implied by the Constitution and the need to maximize the effectiveness of law enforcement counter-terrorism investigations. Various pieces of legislation are analyzes, with a focus on the US Patriot Act of 2001. Next, the paper addresses police ethics and the influences behind an investigation. This includes a look at police bias and corruption. The paper concludes by stressing the importance of ethical training for police officers.

From the Paper
"In the most general sense, the factors behind police corruption and abuse-of-force are similar, but only to the extent they develop as a function of non-compliance with applicable law and institutional policies and procedures. In both cases, strict adherence to formal law and policy largely preclude corruption and abuse of force equally, provided only that formal policies adequately address those issues. Likewise, both police corruption and abuse of force are capable of being exacerbated by the institutional culture in which police officers work. In previous eras of American policing, both corruption and also the frequent use of excessive force were more the norm than the exception in many large municipal police departments. In the modern era of American policing, both corruption and abuse of force represent exceptions to general policy and procedure."

Tags:Constitution, law enforcement, Fourth Amendment, homeland security

Abstract
This paper looks at the issues relating to ethical conduct by law enforcement officials, including the basic concepts, ethical behavior and its motivation, ethical decision making, and finally, the impact of unethical conduct on effective law enforcement.

Contents
Basic Concepts of Law Enforcement Ethics
Ethical Behavior
Motivation for Ethical Behavior
Ethical Decision Making
The Effects of Unethical Behavior
Annotated Bibliography

From the Paper
"Certain guidelines are also in place in order to ensure ethical behavior. Firstly law enforcement officials should ensure that they are acting within the rule of law as prevalent during the specific time period in which they operate (Alderson, 1979, p. 15). Secondly the internal rules of policing should also be followed in order to ensure correct conduct. If these rules are followed effectively, it should be evident in the absence of crime (Chu, 2001, p. 24). Police officers are however not only dependent on themselves for their ability to effectively perform their duties. The public also plays a substantial role in terms of their approval of the existence, actions and behavior of the law enforcement agency."

Tags:police, crime, legal, abuse, violence

Abstract
This paper compares and contrasts the merits of public and private prisons, identifying the challenges each sector faces and the relative merits of each approach to incarceration.

From the Paper
"A major shift in prison administration is the move made in many locales toward privatization described by the Alabama Policy Institute as a result of the dramatic increase in the number of individuals incarcerated ..."

Tags:prisons, privatization

Abstract
Discusses pros and cons of privitization of prison facilities. Evaluates issues and trends such as cost efficiency, rights of the individual, government monitoring but not operating prisons. Cites supporters of privitization arguments including reduction of cost of incarceration to governments, improved quality of services, better accountability, less bureaucracy. Arguments cited against privitization include potential for abuse of prisoner's rights by private sector, for-profit businesses and that privately run prisons are not as cost effective as claimed. Discusses privitization in several states.

From the Paper
"Evaluation of Prison Privatization


Privatization is increasingly at the forefront of every discussion in American life that deals with the cost efficiency of government. At the state, county, and even local levels, the privatization of prison facilities has become a major area for outsourcing opportunity. The privatization of prisons is touted by its supporters as reducing the cost of incarceration to governments. It is also criticized by its opponents as potentially reducing government control over prison system inmates and processes while potentially ushering in an opportunity for the abuse of prisoners? rights at the hands of private sector, for-profit business entities (Metzgar, 1999). It is the purpose of this report to evaluate issues relevant to and trends in prison privatization, highlighting the pros and..."

Abstract
This paper analyzes the role of the British jury system and investigates its effectiveness putting forward the arguments of many opponents. The paper suggests that, if the present due process model lacks "confidence in informal pre-trial fact-finding processes" then it would be wrong to believe that due process would be better served if the jury was abolished, for it is the jury which provides the forum for formal fact finding at trial. The paper concludes that if we blame the jury for the loss of due process to innocents that have been convicted and ignore the fundamental flaws of due process safeguards within the pre-trial system, then, ultimately, this disregard that will 'further legitimise and perpetuate miscarriages of justice'.

From the Paper
"The civil jury declined massively in the twentieth century, and the case of Ward v James established that trial by judge should be the usual mode of trial. It is significant, that today only 1% of criminal cases actually culminate in jury trial making the argument for juries somewhat a statistical irrelevance. It is therefore perhaps unfair to argue that juries convict too many innocent people when trial by jury is such a rare opportunity. A single wrongful conviction is considered as one too many, but although it is admirable to aim for a system that prevents a single miscarriage of justice to occur it is perhaps a little unrealistic. The role of the jury is to form a verdict drawn from only the facts presented at trial. No twelve good men or women would intentionally inflict a conviction on a person whom they knew to be innocent. To attribute the blame of a wrongful conviction to, and solely to, the jury is too simplistic an analysis; the role of the jury is to come to an honest conclusion about the facts presented at trial. If these facts are later found to be 'unsatisfactory' or 'unsafe' perhaps it is the criminal justice system itself, which 'helps to legitimise and perpetuate miscarriages of justice', and not the jury who are perhaps too often the victims of blame."

Tags:verdict, innocent, blame, conviction

Abstract
This paper examines the death penalty in the context of the execution on December 30th 2006 of Iraq's ex-president Saddam Hussein. It begins with a brief background of the death penalty (including its history and varying methods used globally) and a brief biography of Saddam Hussein (with an emphasis on his crimes). The pros of executing Hussein are then detailed with reference to how it may act as a deterrent and to how it may be seen as a form of retribution and punishment for his crimes. The paper also looks from the other side at Hussein's execution, paying attention to capital punishment cons such as its possible arbitrariness, wrongful convictions, cruelty and ineffectiveness. The paper tries to be original in that as well as covering all the usual perspectives and attitudes to the death penalty, Hussein's case is presented fairly without prejudice and with a range of varying political (conservative versus liberal), religious (Christian versus Islamic) and personal opinions (including the views of people from all over the world and the authors).

From the Paper
"The 'death penalty' is also known more formally as 'capital punishment' and is the execution of a person who has been convicted in a country's court of law, usually for offences deemed to be of the highest order (known as 'capital crimes' or 'capital offences'). It has probably been around since the apparatus of society needed for it to exist (citizens, the state and courts) has been around. Indeed, the first death penalty laws date back to the 18th century BC in the code of King Hammaurabi of Babylon, which codified the death penalty for twenty-five different crimes. Methods for execution included crucifixion, drowning, beating to death, burning alive and impalement. Historical records show that various primitive tribal communities likely used something similar to the death penalty too. Contrary to popular belief, there was not necessarily a greater rate of executions per capita in such times than at other times. Pre-medieval times were characterized by small communities and members of the community were often reluctant to put to death other members because it would weaken the community and the most heinous crimes such as murder were usually crimes of passion anyway. Financial compensation and isolating the perpetrator of the crime were usually considered sufficient punishment."

Tags:hanging, iraq, terrorism

Abstract
This essay discusses capital punishment, particularly the hanging of Iraq's ex-president Saddam Hussein. It begins with a background of capital punishment and a biography of Saddam Hussein. It then explores, in detail, the pros and cons of hanging Hussein. The essay utilizes varying political, religious and personal opinions and tries to come to a conclusion as to whether capital punishment in general (and Hussein's hanging in particular) can ever be seen as valid.

From the Paper
"'Capital punishment' is the execution of a person who has been convicted in a country's court of law, usually for offences deemed to be of the highest order. The first death penalty laws date back to the 18th century BC in the code of King Hammaurabi of Babylon. The Middle Ages brought with them a peak in the rate of executions. In England, for example, it was possible to be put to death for any of 222 different reasons. The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Capital punishment laws varied from colony to colony. The New York Colony instituted the Duke's Laws of 1665. Beccaria's On Crimes and Punishment theorized that there was no justification for the state taking one's life and gave abolitionists in America an authoritative voice and renewed energy. The death penalty was briefly abolished in the United States in 1972 by the Supreme Court but then reinstated in 1976. In modern times, the vast majority of democratic countries in Europe and Latin America have abolished capital punishment, but the United States, most democracies in Asia, and almost all totalitarian governments retain it."

Tags:capital, death, execution, hanging, hussein, iraq, penalty, punishment, saddam

Abstract
The paper argues that the CJA 2003 has produced to some extent a fair sentencing guideline, but that it has not promoted fairness as fully as it could have. The paper discusses how the CJA 2003 tried to correct the faults of the previous CJA 1991 but the CJA 2003 has also led to complications and disputes between the judiciary and legislature, causing an abandonment of tangible guidelines generally considered necessary to providing a fairer approach to sentencing.

Outline:
Introduction
The Evolution of the Fairness Notion: CJA 1991 and CJA 2003
Fairness to the Offender
Fairness to the Victim
Conclusion

From the Paper
"The Criminal Justice Act 2003 is a wide ranging Act of Parliament introduced to modernise many areas of the criminal justice system in England and Wales. The role of sentencing is to ensure the safety of the community, help rehabilitate offenders to prevent them re-offending and reserve imprisonment for a limited range of serious, dangerous and persistent offenders. The goals of the CJA 2003 were to improve case management and reduce the scope for abusing the system by ensuring a more consistent sentencing procedure which reserves prison for the most serious offenders. It has its genesis in several reports and consultations including the Home Office White Paper Justice for All; Sir Robin Auld's Review of the Criminal Courts of England and Wales and John Halliday's Making Punishment Work which is a report of a review of the sentencing framework of England and Wales. Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act 2003.The underlying aims of the Act were to introduce reforms in two main areas: improved case management and a reduction in scope for abuse of the system."

Tags:judiciary, legislature, guidelines, discretion, conviction, retribution, proportionality

Abstract
This paper discusses how, during the nineteenth century, the modern prison began to form and how the death penalty was seen as inappropriate for many crimes and as such the state prison was offered as an alternative. It looks at how, as the twentieth century progressed, prison became the overall accepted method of dealing with criminals and extensions of the prison system came to include borstals and open prisons.


Outline:
History of the Modern Prison
The reason for Prison in Society
Overcrowding in Prison
Life in Prison
Masculinity and Crime
Dynamics of Conflict Fear and Power
Treatment of Inmates
The lack of Emotional Facilities and Training
Suicide in Prison
The Rights of the Prisoner

From the Paper
"From its earliest conception, prison has been seen as a method of punishing those who commit crime (Walker, 1968). This formed the foundation of theoretical thinking on the subject. However, during the twentieth century many thinkers called this fundamental way of thinking into doubt by placing added onus on the issue of rehabilitation (Walker, 1968). However, it has been realised that in order to successfully rehabilitate those incarcerated for a crime, it is necessary to fully understand the role violence plays in prison life. Moreover, it has been categorically shown that there exists a clear and definable link between prison-based violence and masculinity (Schultz, 2007). The primary problem is that there exists a peculiar contradiction within the prison system. "

Tags:suicide, death, penalty, rights, inmates, violence

Abstract
The paper discusses how the contribution of a positivist methodology to criminology cannot be underestimated and how the very name criminology did not become common until the 1890?s and the rise of positivism. It looks at how the work of Cesare Lombroso established a new method of conducting criminal inquiry even though the work of Guerry and Quetelet on French crime statistics and social data had already introduced a positivistic approach into the study of crime especially with regard to the social links with criminal behaviour. It also explores how the work of the Italian School of Criminology (scula positiva) with people like Enrico Ferri used the methodology that Cesare Lombroso introduced but applied them to different areas of inquiry. It shows how this multi-factor scientific approach allowed the science of crime to develop and become an internationally recognised academic field and encouraged people all over the world to try and search for causal links between crime and various factors like poverty and education levels.

From the Paper
"The work of Lombroso was new and radical but what is more important to the development of positivism and its subsequent influence on modern criminology were the methods that he employed in his study. The scientific methods he used revolutionised the study of crime, his new model of approach sought to identify, categorise and measure differences between criminals. Lombroso published his findings in 1876 in L?Umo Delinquente (The Delinquent Mind) and his work and methods gave rise to a new international movement. The Italian School of Criminology (scula positiva) emerged and took the methodology of Lombroso and expanded upon them. The work of people such as Enrico Ferri according to David Garland, "showed a considerable diversity and eclecticism." The "French School" focused mainly upon the sociological and environmental determinants of crime and the "German School" included the study criminalistics and the development of new forensic techniques."

Tags:durkheim, lombroso, poverty, education