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There are a number of policy issues that impact the criminal justice agencies. Firstly, there is the extreme leniency to lawbreakers. Secondly, there is the policy issue of excessive permissiveness. Thirdly, there is the policy issue of wearing down of respect and discipline for constituted authority. In the fourth place is the policy issue of the crime cost. The fifth policy issue is the favoring the welfare and rights of lawbreakers over the welfare and rights of their victims, law enforcement officials, and the law-abiding citizen.
Fichtelberg (2007) posits that various financial consequences are involved in making public trials for people in custody charged with war crimes, conspiracy and theft. The judiciary suffers financial consequence by incurring additional cost to set up structures to confine culprits as they wait for their verdict. Each of the high ranking members of the previous administration charged with theft, war crimes and conspiracy suffers a financial loss of $90,000 every year. Some states charge $63.3 million per year for all people sentenced to life imprisonment. In addition, the cost incurred by the criminal justice agencies to carry out reforms as the national Commission recommends is $232.7 million annually. The cost of criminal justice agencies when imposing a maximum fine of lifetime incarceration is $11.5 million annually.
The political ramifications inside the nation in which the U.S. military has operated for the past seven months is that the nation will suffer heavy burden of unexpected costs arising from capital cases from its previous high ranking administrative members as they will have to be tried from international criminal court. The political ramification outside the nation in which the U.S. military has operated for the past seven months is that other nations are likely to decrease their donation in that nation to fund road construction and police reforms. This will make the nation in which U.S military has been operating to increase tax.
In determination of the likely reaction of the populace of this nation, the majority of the population will prefer to have national trial courts to prosecute its previous administrative members. This is because its local legislature will gain more revenues from lawyers and litigants from fees of civil filing. The population will expect the increased revenue to be used in allocating more resources in trial courts. The populace will also expect budget to be spent proportionately on cases of war crimes, theft and conspiracy. Thus, the jury will preserve the right to trial.
Analysis of the five policy issues that have been noted above to determine their impact on the situation are as follows. Excessive leniency towards lawbreakers: This issue is emphasized in this nation as the reform programs are given out in public to allow corrections and policing and help in judicial activity at different levels. The other policy issue is favoring the rights and welfare of lawbreakers over their victimsâ€™ welfare and rights and that of law-abiding citizens and law enforcement officials: This concern is persisted in this nation where attention is currently being activated to the rights of prisoners, attacks on police officers and rehabilitation programs by militants as they apply the due court process. The next policy issue is the erosion of respect and discipline for constituted authority: This policy issue is currently noticeable in connection with the common behavior of educational policies, youth, college officials in treatment of their student, as well as behaviors and attitudes of police in their law enforcement.
One more policy issue is the cost of crime: This is less likely to provoke the degree of passion induced by other crusading issues such as resentment on enormous and rising cost of crime and associated cost of dealing with criminals. The last policy issue is the excessive permissiveness: Related to erosion of discipline, excessive leniency, along with the authoritiesâ€™ abdication of responsibility. This trend is considered to be an elementary defect in the modern social order. This has affected many varied areas like discipline in the schools, sexual morality, child-rearing, educational philosophies, presentation of sexual materials by media and judicial handling of offenders.
One approach of handling this situation is to allow international criminal court to investigate and possibly prosecute the previous administration members. Madsen (2009) states that this approach will be beneficial to provisional government as a viable option as ruling by international criminal court has become a dominant organization with enough experience in international prosecution of war crimes, theft and conspiracy. Hence ICC ruling will probably be free and fair as compared to if provisional government decided to take them to trial. The second option is for the nation to use local tribunal to investigate and prosecute previous administration members. This approach will be beneficial to provisional government in that ruling verdicts given by the local tribunal will not have effects on international relations.
According to Albanese (2005), several strategies that are commonly used by criminal justice agencies to combat crimes related to war are prevention, assessment, intervention, suppression and patrol. Prevention strategy in this situation can refer to programs, services, and activities that were designed to prevent the populace from joining war crews. Prevention will also focus on the youths. Prevention of situational gang crime in provisional government will focus more on the situational crime causes like criminal conduct by the contractors and not target specific offenders but addresses opportunistic features that influence decision-making of the offender.
Intervention strategy will seek to draw close associates together with gang members away from the lifestyle of war groups. Numerous programs in provisional government will involve coordination f law enforcement with faith- or-community-based organizations to provide incentives such as job training, education and community service opportunities so as to quit their gangs. And continue hold those services received accountable for continued criminal or delinquent activity. Suppression strategy in provisional government will encompass many activities of criminal justice.
Another strategy to be used in provisional government is conducting an up-front problem assessment to assist leaders to fully understand the problem. This will then make leaders to focus majorly on planning before targeting their actions on a specific plan that requires less time and little money. The three steps of assessment process will consist of identifying people and laying the groundwork and set up efforts for data collection; preparation for data gathering, analysis and interpreting; and preparation for final reports and findings to the extent and nature of the situation. The last strategy is patrol. Patrol strategy will have three steps: maintain the presence of police to deter crime, answerer calls, and probe suspicious circumstances. A police patrol will ensure that police cars will randomly cruise through the streets of the city to create a feeling that policemen are all over the place.
While strategies that will work well for this situation are prevention, assessment and intervention, suppression and patrol will be cumbersome. Patrol as a police operation, it will consume most of police agenciesâ€™ resources. This is because when on a patrol, police officers pass through a given area making regular circuits. Patrol is usually made using cars to increase coverage efficiency. However, it reduces the contact of citizens with police and studies show that those patrols do not lessen crime and are costly. Suppression will involve many activities of criminal justice.
To conduct fact finding to determine what actually occurred, I will ensure that all new team members who will be unfamiliar with the methodology of the contractor tour the area to identify who worked on what and look at the planning processes. I will also ensure good performance and maintain good quality by insuring good documentation.
My recommendation to the U.S. government and the provisional government with regard to the ongoing investigation is that the ongoing investigation should be carried out by the international criminal court. A formal prosecution should take place and should be held in a national court. The national court will be fair. If a prosecution is held in a military proceeding it will have the ramifications of favoring and ignoring criminal cases committed by the contractor. The sources I will use are the national intelligence reports and the U.S. intelligence sources from the provisional government. The precedence of ruling will be given to national intelligence reports in this case. Whereas I will summarize the event for presentation to United States based on the U.S. intelligence sources, I will summarize the event for presentation to national authorities based on national intelligence reports from the provisional government.