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CRIMINAL JUSTICE ISSUE – Genetic Characteristics Influencing Crime For any one person there might be a genetic characteristic such as intelligence, neurobiology, and neurochemistry which might explain along with their social influences, specific event context and also their state of mind the causes behind the diminished resistance to making a criminal choice.  I do not believe that this means that it is somebody’s intelligence, neurobiology or neurochemistry alone which causes a person to commit a crime.  I know that there are neurobiological sociopaths who do not know right from wrong…

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CRIMINAL JUSTICE ISSUE: Hattori and Paeris, a Cultural Tragedy. Let me preface everything I write in this paper by saying that this is one of the most unfortunate tragic situations arising out of cultural differences and misunderstandings I have come across.  It was a misunderstanding as an initial incident and the developed situation still seems to have some misplaced issues.  A parent’s grief at the loss of their child has to be the most painful type of grief in all of humanity. I feel that there is a misplaced emphasis…

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The public has heard many different views, issues, thoughts and concerns in the media about the constitutional issues surrounding Apple and the FBI’s use of the All Writs Act.  One of the main critiques of the popular media is encapsulated by a New Yorker Columnist, “By using All Writs, the government is attempting to circumvent the constitutionally serious character of the many questions about encryption and privacy.” (New Yorker Amy Davidson, February 19, 2015).  The main reason for Apple appealing the Federal order is the protection of the potential compromising…

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CRIMINAL JUSTICE ISSUE – Graham V. Connor – Objective 4TH Amendment use  of Force. Graham v. Connor is a very interesting case.  It is a rejection of the due process standards of evaluating police use of force, a re-analysis of the Johnson v. Glick standard and also a re-affirmation of the Rochin case law as interpreted through Tennessee v. Garner and Johnson v. Glick.  The law of the land today with respect to use of force is guided by Graham v. Connor and is based on an objective standard of…

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CRIMINAL JUSTICE ISSUE – Modification of the “Any Fleeing Felon Rule” in 1985: Impact of Tennessee v. Garner (1985). As of the week of 8-24-2019, California has passed their new California Legislation regarding police use of force which directly deals with the modified fleeing felon rule from 1985.  This is a link to an article from “The Courthouse News Service” that goes over some of the changes.​​ Tennessee v. Garner (1985) will always be considered to be a watershed use of force case decided by our United States Supreme Court. …

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CRIMINAL JUSTICE ISSUE – Fusion Centers. Emergence of fusion centers and NSA practices have assuaged fears of some and driven others away from US out of fear of government over intrusion.  The 9-11 terrorist incident precipitated the initial crisis legislation of the US patriot Act of 2001 which loosened the restraint on government ability to search into citizen’s and corporation’s private data.  We say in this country that neither the Constitution nor the Bill of Rights gives any right, but that in recognition of our inalienable natural and/or divine rights…

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CRIMINAL JUSTICE ISSUE – U.S. Bureaucratic/Administrative Response to Terrorism. The United States has developed a very large sub-area of bureaucracy within its normal bureaucracy as a response to terrorism.  Not all of these government offices were begun after September 11, 2001, but a significant push for preparedness has occurred since the Al Qaeda attack on the World Trade Center and the Pentagon.  Two such bureaucracies which have developed counterterrorism programs that coordinate with the legislature as well as law enforcement are the FDA (Food and Drug Administration) and the CVM…

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