Criminal Attempts

The essay will explain Juan Manuel Duran Jr.’s case charged with attempted aggravated murder and aggravated sexual abuse of a child, of his girlfriend’s baby. Duran should be found guilty of attempted murder because he repeatedly sexually and physically abused the baby, along with the suffocation attempt with a  towel. Attempted aggravated murder is a first-degree felony and is punishable with five years to life in prison, with a fine up to $ 10,000. Punishment for attempted murder should be less than murder because the victim is still alive, and in some cases, the defendant could not be trying to directly kill the victim.

 Juan Manuel Duran Jr. was charged with attempted aggravated murder for supposedly abusing his girlfriend’s 6-month-old baby. Along with the attempted aggravated murder charge, Duran was also accused of aggravated of sexual abuse of a child. Duran’s girlfriend called the police on July 12, 2013 to report his boyfriend was trying to suffocate her baby with a towel. The woman also reported to the police that Duran told her in a different occasion that “ he wished the child was dead, and that he should "just throw him out the f---ing window" ( The Salt Lake Tribune, 2013). The baby was taken to the hospital and was determined by the pediatrician, the baby had been abused for weeks, based on the bruises and bite marks in his little body. Duran should be charged of guilty of attempted murder because he clearly tried to murder the baby by putting a towel on his face. According to Lippman ( 2012), “ the intent may make an act, innocent in itself, criminal.. nor is the competition of an act, criminal in itself, necessary to constitute criminality”(p. 117). Duran failed to kill the baby  but it does not change the fact he was trying to hurt him to death. The criminal attempt has three elements:

·         An intent or purpose to commit a crime: Duran knew putting a towel over the baby’s face would severely hurt him, if not kill him. He purposely and intentionally physically abused the baby.

·         An act or acts toward the commission of the crime: Duran abused the 6-month-old for weeks by biting him, hitting him in the head, and trying to suffocate him with a towel.

·         A failure to complete the crime: If it wasn’t for the baby’s mother who found her boyfriend trying to suffocate her son with a towel, he could have died at that moment.

                In the state of Utah, attempted aggravated murder is a first degree felony, with a possible prison time of five years to life in prison and a fine up to $10,000; murder is punished the same as attempted aggravated murder. I agree punishment for attempted murder should be less because in other cases, the defendant might not be trying to actually kill the victim. In addition, it is worse killing the victim, than having a survival victim; it makes sense to punish the defendant for trying or acting recklessly, which is not the same as killing. However, in Duran’s case, he should be severely punished because he sexually and physically abused this baby. Duran and he should be charged with attempted murder and life in prison. Most likely he will be charged with two first-degree felonies for attempted aggravated murder and aggravated sexual abuse of a child, resulting in a total of almost life in prison.

Law as a living body

“No person . . . shall be deprived of life, liberty, or property without due process of law.”(The Courts in Our Criminal Justice System, 2003). This is what the Fifth Amendment states about the citizens ‘rights of the United States. However, there is an evident difference between the law on the books and the “law in action”. It is also important to consider how State and Federal courts interpret and apply the law. Taking into account factors such as technology developments, and society changes, the law must adapt to these circumstances.

Law on books is generally referred as written law. These written laws are used by prosecutors, district attorneys, and judges in court. Law on books is created to protect citizens’ rights. In theory, applicable laws should influence a judge’s or a jury’s decision to process a case. Nevertheless, extra-legal factors often influence a final decision. Such factors can be rate of violation, availability of enforcement resources, etc. An example of this phenomenon is the enforcement of mandatory minimum punishments for certain drug offenders. (Decker, 2003).  A probable cause to why laws are interpreted and sometimes overlooked by law enforcement officers is the overcrowded jails and prisons. If everybody had to be punished for every single infraction, almost all citizens would be in jail.

Objectivity of law is defined in the words of Benjamin N. Cardozo” There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals. All their lives, forces which they do not recognize and cannot name, have been tugging at them—inherited instincts, traditional beliefs, acquired convictions; and the resultant is an outlook on life, a conception of social needs..” (The Courts in Our Criminal Justice System, 2003).In other words, judges, as well as jury members, interpret the law while trying to be as objective as possible.

Law as a living body is compared to a living entity because it is constantly changing by the legislative, judicial, or executive branches. Law as a living body  also means the following to me: North American lawmakers keeping up with new crimes and change in number population. Cases presenting legal issues in different jurisdictions, or the emergence of new crimes such as cybercrimes, force lawmakers to create new laws.

In addition to the constant changing laws, the United States has one of the most important functions of the criminal justice system: the Due Process of Law. According to the Blackwell Dictionary, “Although the term is not used elsewhere the principle is a familiar feature of most legal systems. Chapter 39 of Magna Carta, 1215, declared that no free man could be imprisoned or suffer deprivation of property except after trial by peers or by the law of the land. Legal judgments later broadened these terms to mean trial by jury and due process of law”. The Due Process can be considered in two forms: procedural due process, which consists in the government following non-prejudicial arrest and trial procedures; in civil matters, Procedural due process, protects citizens from government’s unlawful procedures. Due process intends to give the opportunity to the suspect to be heard and to present objections to the proposed action.

Despite the benefits the due process clause brings to citizens, there are a few drawbacks. The most important among these, is the ability of a suspect confessing guilty, to avoid punishment if he or she can successfully prove that due process is violated. Also, the exclusionary rule serve as a protection from using any evidence found while violating the due process.

Although everybody has a right for a fair trial, the due process rights for immigrants is a controversial issue. In 1996 Congress passed laws that allowed the government to detain or deport or deport noncitizens without trial, and what kind of evidence was used against the individuals. Years later, laws began to change toward constitutional protection for immigrants. “In 1999 the government sought to deport two Palestinians who were illegal immigrants accused of having ties to terrorism. Courts overturned the government's decision because the evidence against the two was not made public. However, the September 11, 2001, terrorist attacks on New York City and Washington, D.C., may cause immigration judges to place concern for national security above that of due process protection for noncitizens.” (Macmillian Social  Science Library, 2003).

The rights of the accused depend on the U.S. Constitution; furthermore gives everybody living in the United States the basic rights upon life, liberty, and justice. The rights of the accused embrace the belief of innocent until proven guilty, legal representation regardless of economic situation, trial by jury, an opportunity to present evidence, and the right to get witnesses. The positive aspect about these rights is that an ordinary innocent citizen is protected from the government and unfair prosecution.  To the contrary, the negative aspect is that depending on evidence, a guilty person can be set free for lack of evidence.

After the September 11^th attacks, the USA Patriot Act was signed by President George Bush on October 26, 2001. With this new law, the government can take any measures to investigate by listening to phone calls, seizure without a warrant, if the individual is believed to be involved in acts of terrorism. With the creation of the USA Patriot Act, the living body of the law has re-shaped again to allow government to protect national security.

Law as a living body is an essential function of the United States; it protects innocent citizens as well as sentencing and punishing the criminals, as it changes itself overtime. Additionally, the due process of law was created to protect citizens ‘life, liberty, and property from the government and the state. Ultimately, the law as a living body allows the government to create or change such laws, putting the country’s security above anything else.

Law as a living body

References

·         "Due Process." Current Issues: Macmillian Social Science Library. New York: Macmillan Reference USA, 2003. Gale Opposing Viewpoints In Context. Web. 5 Jan. 2011.

·         Decker, J. (2003) "National Security Law in the Post-9-11 World" Denver Journal of International Law and Policy September 22^nd, 2003.

·         Due Process of Law (1999). In The Blackwell Dictionary of Political Science. Retrieved from http://www.credoreference.com/entry/bkpolsci/due_process_of_law

·         Meyer, J. F., & Grant, D. R. (2003). The Courts in Our Criminal Justice System. Retrieved from Axia College of University of Phoenix.

COMMUNICATION SKILLS USED IN PYSHCOLOGY

Psychology is a rapidly-growing profession and to be successful in this profession, certain qualities are required such as the following:

Communication Skills: a good psychologist should have excellent and oral communication skills and can efficiently communicate with different groups of people.

Compassion: a good psychologist has to be very compassionate and emphasize with a patient’s issues. The psychologist should make patients feel comfortable.

Emotional stability: the psychologist is able to handle the stress and emotional disorder his or her patients have.

Ethics:  This is one of the most important aspects of psychology. A great psychologist has a strong ethic code and keeps patient’s information, confidential. The psychologist also understands his or her job can significantly impact people’s lives. It is noted that psychologists use the word ethics to refer both to the mandatory floor or minimum standards adopted by the profession (i.e., remedial ethics) as well as to voluntary efforts to live out moral ideals (Knapp & VandeeCreek, 2006).

Every aspect of psychology treatment has been impacted by technology. Psychologists take advantage of this “digital revolution”, using phones, text-messaging, instant messenger and Skype. My personal example is about my own psychologist, who has monthly sessions with me through Skype. My psychologist is in Argentina and the online communication with webcam, is the closest to face-to-face sessions.

Despite of the convenient use of technology, psychologists need to address the importance technology can have upon the ethical practice of psychology. A 1997 "American Psychological Association (APA) Statement on Services by Telephone, Teleconferencing, and Internet" by the APA Ethics Committee briefly acknowledges that the APA "...Ethics Code is not specific with regard to telephone therapy, or teleconferencing, or any electronically provided services as such, and has no rules prohibiting such services." Psychologists are told that after reviewing these services, they "...must then consider the relevant ethical standards and other requirements, such as licensure boards." No further guidance has been forthcoming from APA, although in 2002, references to "electronic transmission" were added. (APA, 2002).

I consider myself knowledgeable of new technology. In fact, I do almost everything through my computer and now on my Droid cell phone. Also, communicating with people around the world for free with Skype, brings a great deal of possibilities and freedom for me and my future patients; we do not have to be in the same city or even the same country, to have private sessions.

·         Knapp, S. J., & VandeCreek, L. D. (2006). Remedial and Positive Ethics. In S. J. Knapp, L. D. VandeCreek (Eds.) , Practical ethics for psychologists: A positive approach (pp. 3-14). Washington, DC US: American Psychological Association. doi:10.1037/11331-001

·         Drude, K. (2005). Ethics and Malpractice. Retrieved from http://kspope.com/ethics/email.php

Decriminalization of drugs

I always start this discussion with this thought: what is the difference between illegal drugs and prescription drugs? The prescription drugs are prescribed by a doctor but can be as addictive and unhealthy as illegal drugs. Keeping certain drugs illegal make more money than making them legal. Drug dealers make more money selling illegal drugs by charging outrageous prices and tax free. Because these drugs are not very accessible, people will pay the money and do anything to get them. Drug dealers and providers take advantage of the situation and make important amounts of money, along with the people who works for them. If illegal drugs were legal, mafias would not exist because there would be no need to do any business underground. Selling and consuming would be registered and taxes could be applied. The system would know exactly who is selling the drugs and who is buying them. I am positive the highest drug dealers could not afford their lifestyle anymore without charging ridiculous prices and paying taxes out of their products.  While I am with decriminalization of drugs, I also believe these drugs should be regulated just as the prescription drugs. In addition, no driving or any other operation activities should be allowed while under the influence of any drugs, just like alcohol. Another positive side would be the number reduction of prisoners due to drug usage and drug dealing. A great number of people are addicted to drugs and sending them to prison for 15 years does not fix the issue. According to Husak D. (2003), “ many of the arguments I have heard for drug prohibitions do a perfectly good job explaining why rational persons might well decide not to use illicit drugs, or why the state may have good reasons to discourage people from using drugs, but I fear they do not provide a justification for punishing drug users” (p. 4).  

Illegal drugs and homicides

I have done some research and not very many murders happen under the influence of illegal drugs. All I could find is that the only cause of death related to drugs is the drug war, not people under the influence of drugs. According to Conroy (2012), " the U.S has imprisoned curretly up to 400,000 people on drug-related charges- the vast mayority of them nonviolent offenders" (p. 1). In fact, prescription drugs have have some serious side effects and cause a change of mental state on the patient. If the person murdered or accidentally killed another person under the influence of drugs, the punishment should be harsher because nobody should be operating a vehicle while under the influence of any substance. The majority of drug users use drugs as a recreational fun, but of course there are some who have an addiction problem like alcohol.


Reference

Conroy, Bill ( 2012). Drug-related homicides in the US average at least 1,100 a year. http://narcosphere.narconews.com/notebook/bill-conroy/2012/03/drug-war-related-homicides-us-average-least-1100-year

Risk Assesement: Acturial or Clinical?

Pros actuarial: is a structured risk assessment to predict probable violent behavior and other risk behaviors. Forensic evaluator communicates with the tester himself and what factors were based on, and the empirical data supporting them. Any employee can use a risk assessment tool because it is structured and already scored based on the responses.  Some risk assessments such as the Hare Psychopathy Checklist, have been used for years to predict psychopathy. According to Hanson, R. K., (2005), “ Robert Hare’s dogged efforts to establish psychopathy as a reliable and valid clinical construct produced the first big success in violence risk prediction” (p. 213).

Cons: Violent risk predictors are not always exact. According to Hanson, R. K., (2005), “ The available research suggests that potentially changeable factors ( e.g., attitudes, lifestyle instability) contribute information to risk potential that is not captured by purely static, historical factors” (p. 214).

Pros clinical: clinical assessments are the base for actuarial assessment. The forensic evaluator is interested in the possibility of violent behavior within the next few days and weeks.  The clinical interview conducted by a professional is very detailed assessment which consists in gathering information about the patient’s past, family history, and lifestyle.  For instance, children with parents suffering from major depression are most likely to exhibit depression at some point.  This information about the patient could prevent further undesirable behavior.  According to  Zeepedia.com  (n.d)“The role of the clinician is crucial for certain types of tasks that cannot be conducted adequately by purely empirical methods, including the generation of hypotheses and the use of theory in formulating questions” (p. 122).

Cons: Unfortunately, extended research has proven clinical assessment cannot predict violent behavior. This could be to the fact that the forensic evaluator can diagnose the patient,  at his or her own discretion. In addition, clinical assessments measure psychological  issues such as depression,  and personality disorders.  

Conclusion:  I believe both risk assessments complement each other. It is necessary to  obtain information from clinical assessment to come up with statistical research. According to E. Drogin, F. Dattilio, R. Sadoff, T. Gutheil ( 2011), “As in the assessment of suicide risk, the evaluator focuses on the clinical aspects of the evaluation-namely, psychopathology- but also must take it into consideration demographic, historical, and environmental factors that may be related to an increased risk for violence or suicide” (p. 336).  

Zeepedia.com (n.d). The concept of Psychological Assessment. Retrieved from http://www.zeepedia.com/read.php?the_concept_of_psychological_assessment_in_clinical_psychology_clinical_psychology&b=84&c=15