Reference no: EM131713144

Discussion 1

"The Courts and Legal Professionals" Please respond to the following:

• Examine at least two (2) ethical concerns surrounding supranational courts that may have an influence on the United States' reluctance to ratify the Rome Statute. Express the extent to which you agree these ethical concerns are valid. Provide support for your response.

• According to the textbook, judicial independence is a driving principle in the court system. Determine at least two (2) factors that can impede this principle and debate the extent to which the court system can overcome each factor.

Please also reply to the student

Stephanie Little

Discussion 1

Supranational courts are judicial mechanisms that direct judge's decisions across international borders and supposedly have a higher legal standing than decisions of courts in individual countries and they are part of a larger trend to promote global human rights and global justice.

Supranational courts serve to help provide individual citizens who have exhausted all their legal means of redress but feel they have been wronged by the justice system in a particular country and they hold those responsible for international law violations to a higher standard than are present in domestic courts.

The Rome Statue is an international treaty binding only on those states that formally express their consent to be bound by its provisions. Clinton administration signed the treaty in late 2000, but the Bush administration immediately "unsigned" it in 2001. After they "unsigned" the treaty U.S. congress passed American Service Members Protection Act, which prohibits American Cooperation with the ICC.

This authorizes the president to use military force against the court if it attempts to prosecute an American Citizen. One of the main concerns against the ICC is the fear that the U.S., being as powerful as it is, and with military present throughout the world would be vulnerable to prosecutions. Obama took a different route with this treaty stating they will work with the ICC on prosecution on certain matters. The ICC also prosecutes against a panel of judges that could be walking a fine line of violating the 6th amendment.

This is not exactly giving the rights to an accused person in a criminal case, if a panel of judges within that country are reviewing your case. When in the U.S. they have the right to a jury trial. I do believe these concerns are valid, especially with the military. The U.S. military is everywhere, like previously stated, if they could be prosecuted in another country they would become more of a target then they already are.

One huge factor that will/can impede this principle is the media. The media will take one small statement they heard and run with it. Then it turns into something else and so on. During larger trials the jury is sometimes not allowed to review the news or any forms of media, due to possible swaying of the case.

This keeps the case to only what is heard inside the court room and the facts. Another factor is personal interest in the case. The judge should only use the facts presented in this case and this case only. Do not review or compare to past cases or when this was done this was the result. Stick to only the facts presented before him within the court room that day.

Dammer, H., & Albanese. J. (2014) Comparative Criminal Justice Systems. Belmont, CA: Wadsworth Cengage Learning.

Discussion 2

"The World of Correctional Staff Versus Inmate" Please respond to the following:

• Analyze the following goal of correctional staff member "...to give inmates the opportunity to develop a positive lifestyle while incarcerated and to gain the personal and employment skills they need for a positive lifestyle after release," and recommend one (1) action that correctional staff can take in order to achieve this goal. Provide a rationale for your response.

• From the e-Activity and the text, compare the number of incarcerated female and male inmates. Examine the characteristics of the offenses that each gender commits most often. Provide your opinion as to whether one's gender predisposes him or her to a particular type of crime.

Please also reply to the student

Jeannie Holland

Discussion 2

The World of Correctional Staff versus Inmate

The correctional agency has the obligation of offering an opportunity to all the prisoners to increase positive lives while under incarceration while gaining personal as well as practical working skills to exist a desirable life after leaving prison (Pates & Riley, 2012). However, this goal is rarely achieved as most of the correctional staffs tend to focus more on penalties rather than change and development.

It is the environment that the staff's client that determines what the inmates become after being released. In order for the staffs to promote positive life, personal change, and practical skills I would recommend that they focus on rewarding those that strive to change in order to encourage others to strive higher.

In addition, they should incorporate coaching and mentorship with rewards so that the inmates can be motivated to change and adopt positive living styles that will, in turn, discourage criminality. This action is effective as coaching seeks to change their mindset and develop a more positive approach towards matters (Pates & Riley, 2012). This can be essential in creating sense and permitting them to choose and those that strive more can be rewarded.

The number of male inmates is very high as compared to that of females with a representation of 93.2 percent and 6.8 percent respectively (FBP, n.d). Male are mainly sentenced for crimes related to drug, robbery and sex offenses. This is some of the crimes that are considered to be particularly aggressive and are associated with the highest sentencing period.

On the other hand, women are mainly sentenced for offenses related to miscellaneous, domestic violence, drug. These crimes are less violent and are associated with less severe sentencing. In my opinion, one's gender influences the particular crime that they commit (FBP, n.d).

References

Pates, R., & Riley, D. (2012). Harm Reduction in Substance Use and High-Risk Behaviour. New York, NY: John Wiley & Sons.

FBP. (n.d). Federal Bureau of Prisons. Inmates Gender.