FLORIDA RULES OF CRIMINAL PROCEDURE

RULE 3.125. NOTICE TO APPEAR

Definition. Unless indicated otherwise, notice to appear means a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. (b) By Arresting Officer. If a person is arrested for an offense declared to be a misdemeanor of the first or second degree or a violation, or is arrested for violation of a municipal or county ordinance triable in the July 28, 2021 Florida Rules of Criminal Procedure 39 The Florida Bar county, and demand to be taken before a judge is not made, notice to appear may be issued by the arresting officer unless: (1) the accused fails or refuses to sufficiently identify himself or herself or supply the required information; (2) the accused refuses to sign the notice to appear; (3) the officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others; (4) the accused has no ties with the jurisdiction reasonably sufficient to assure the accused’s appearance or there is substantial risk that the accused will refuse to respond to the notice; (5) the officer has any suspicion that the accused may be wanted in any jurisdiction; or (6) it appears that the accused previously has failed to respond to a notice or a summons or has violated the conditions of any pretrial release program. (c) By Booking Officer.

RULE 3.130. FIRST APPEARANCE

(a) Prompt First Appearance. Except when previously released in a lawful manner, every arrested person shall be taken before a judge, either in person or by electronic audiovisual device in the discretion of the court, within 24 hours of arrest. The chief judge of the circuit for each county within the circuit shall designate 1 or more judges from the circuit court, or county court, to be available for the first appearance and proceedings. The state attorney or an assistant state attorney and public defender or an assistant public defender shall attend the first appearance proceeding either in person or by other electronic means. First appearance hearings shall be held with adequate notice to the public defender and state attorney. An official record of the proceedings shall be maintained.

(b) Advice to Defendant. (1) Notice of Charges and Rights. At the defendant’s first appearance the judge shall immediately inform the defendant of the charge, including an alleged violation of probation or community control and provide the defendant with a copy of the complaint. The judge shall also adequately advise the defendant that: (A) the defendant is not required to say anything, and that anything the defendant says may be used against him or her; (B) if unrepresented, that the defendant has a right to counsel, and, if financially unable to afford counsel, that counsel will be appointed; and (C) the defendant has a right to communicate with counsel, family, or friends, and if necessary, will be provided reasonable means to do so.

Counsel for Defendant. (1) Appointed Counsel. If practicable, the judge should determine prior to the first appearance whether the defendant is financially able to afford counsel and whether the defendant desires representation. When the judge determines that the defendant is entitled to court-appointed July 28, 2021 Florida Rules of Criminal Procedure 49 The Florida Bar counsel and desires counsel, the judge shall immediately appoint counsel.

RULE 3.131. PRETRIAL RELEASE

Right to Pretrial Release. Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. As a condition of pretrial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant shall refrain from any contact of any type with the victim. Upon motion by the defendant when bail is set, or upon later motion properly noticed pursuant to law, the court may modify the condition precluding victim contact if good cause is shown and the interests of justice so require. The victim shall be permitted to be heard at any proceeding in which such modification is considered, and the state attorney shall notify the victim.

(b) Hearing at First Appearance—Conditions of Release. (1) Unless the state has filed a motion for pretrial detention pursuant to rule 3.132, the court shall conduct a hearing to determine pretrial release. For the purpose of this rule, bail is defined as any of the forms of release stated below. Except as otherwise provided by this rule, there is a presumption in favor of release on nonmonetary conditions for any person who is granted pretrial release. The judicial officer shall impose the first of the following conditions of release that will reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process; or, if no single condition gives that assurance, shall impose any combination of the following conditions: (A) personal recognizance of the defendant; (B) execution of an unsecured appearance bond in an amount specified by the judge; (C) placement of restrictions on the travel, association, or place of abode of the defendant during the period of release; (D) placement of the defendant in the custody of a designated person or organization agreeing to supervise the defendant; (E) execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; provided, however, that any criminal defendant who is required to meet monetary bail or bail with any monetary component may satisfy the bail by providing an appearance bond; or (F) any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours. (2) The judge shall at the defendant’s first appearance consider all available relevant factors to determine what form of release is necessary to assure the defendant’s appearance. If a monetary bail is required, the judge shall determine the amount. Any judge setting or granting monetary bond shall set a separate and specific bail amount for each charge or offense. When bail is posted each charge or offense requires a separate bond. (3) In determining whether to release a defendant on bail or other conditions, and what that bail or those conditions may be, the court may consider the nature and circumstances of the offense charged and the penalty provided by law; the weight of the evidence against the defendant; the defendant’s family ties, length of residence in the community, employment history, financial resources, need for substance abuse evaluation and/or treatment, and mental condition; the defendant’s past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings; the nature and probability of danger that the defendant’s release poses to the community; the source of funds used to post bail; whether the defendant is already on release pending resolution of another criminal proceeding or is on probation, community control, parole, or other release pending completion of sentence; and any other facts the court considers relevant.

RULE 3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS

Adversary Preliminary Hearing. (1) When Applicable. A defendant who is not charged in an information or indictment within 21 days from the date of arrest or service of the capias on him or her shall have a right to an adversary preliminary hearing on any felony charge then pending against the defendant. The subsequent filing of an information or indictment shall not eliminate a defendant’s entitlement to this proceeding.

(3) Witnesses. All witnesses shall be examined in the presence of the defendant and may be cross-examined.

(5) Action on Hearing. If from the evidence it appears to the judge that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the judge shall cause the defendant to be held to answer to the circuit court; otherwise, the judge shall release the defendant from custody unless an information or indictment has been filed, in which event the defendant shall be released on recognizance subject to the condition that he or she appear at all court proceedings or shall be released under a summons to appear before the appropriate court at a time certain. Such release does not, however, void further prosecution by information or indictment but does prohibit any restraint on liberty other than appearing for trial.

RULE 3.134 TIME FOR FILING FORMAL CHARGES

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall: (1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or (2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date. In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

RULE 3.140. INDICTMENTS; INFORMATIONS

(a) Methods of Prosecution

(1) Capital Crimes. An offense that may be punished by death shall be prosecuted by indictment.

(2) Other Crimes. The prosecution of all other criminal offenses shall be as follows: In circuit courts and county courts, prosecution shall be solely by indictment or information. A grand jury may indict for any offense.

RULE 3.160. ARRAIGNMENT

Nature of Arraignment. The arraignment shall be conducted in open court or by audiovisual device in the discretion of the court and shall consist of the judge or clerk or prosecuting attorney reading the indictment or information on which the defendant will be tried to the defendant or stating orally to the defendant the substance of the charge or charges and calling on the defendant to plead thereto. The reading or statement as to the charge or charges may be waived by the defendant. If the defendant is represented by counsel, counsel may file a written plea of not guilty at or before arraignment and thereupon arraignment shall be deemed waived.

RULE 3.170. PLEAS

Types of Plea; Court’s Discretion. A defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere.

V. PRETRIAL MOTIONS AND DEFENSES RULE 3.190. PRETRIAL MOTIONS

(g) Motion to Suppress Evidence in Unlawful Search.

Grounds. A defendant aggrieved by an unlawful search and seizure may move to suppress anything so obtained for use as evidence because: (A) the property was illegally seized without a warrant; (B) the warrant is insufficient on its face; July 28, 2021 Florida Rules of Criminal Procedure 109 The Florida Bar (C) the property seized is not the property described in the warrant; (D) there was no probable cause for believing the existence of the grounds on which the warrant was issued; or (E) the warrant was illegally executed. (2) Contents of Motion. Every motion to suppress evidence shall state clearly the particular evidence sought to be suppressed, the reasons for suppression, and a general statement of the facts on which the motion is based. (3) Hearing. Before hearing evidence, the court shall determine if the motion is legally sufficient. If it is not, the motion shall be denied. If the court hears the motion on its merits, the defendant shall present evidence supporting the defendant’s position and the state may offer rebuttal evidence. (4) Time for Filing. The motion to suppress shall be made before trial unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court may entertain the motion or an appropriate objection at the trial.

RULE 3.191. SPEEDY TRIAL

Speedy Trial without Demand. Except as otherwise provided by this rule, and subject to the limitations imposed under subdivisions (e) and (f), every person charged with a crime shall be brought to trial within 90 days of arrest if the crime charged is a misdemeanor, or within 175 days of arrest if the crime charged is a felony. If trial is not commenced within these time periods, the defendant shall be entitled to the appropriate remedy as set forth in subdivision (p).

(g) Demand for Speedy Trial; Accused Is Bound. A demand for speedy trial binds the accused and the state. No demand for speedy trial shall be filed or served unless the accused has a bona fide desire to obtain a trial sooner than otherwise might be provided. A demand for speedy trial shall be considered a pleading that the accused is available for trial, has diligently investigated the case, and is prepared or will be prepared for trial within 5 days. A demand filed by an accused who has not diligently investigated the case or who is not timely prepared for trial shall be stricken as invalid on motion of the prosecuting attorney. A demand may not be withdrawn by the accused except on order of the court, with consent of the state or on good cause shown. Good cause for continuances or delay on behalf of the accused thereafter shall not include nonreadiness for trial, except as to matters that may arise after the demand for trial is filed and that reasonably could not have been anticipated by the accused or counsel for the accused.

Effects of High Tuition Fees (Bibliography)Name:

Course:

Date:

Flores, S. M., & Shepherd, J. C. (2014). Pricing out the disadvantaged? The effect of tuition deregulation in Texas public four-year institutions. The ANNALS of the American Academy of Political and Social Science, 655(1), 99-122.

Stella Flores works at Vanderbilt University as an associate professor of public policy and higher education. She has several publications on higher education, population growth and issues related to higher education learning. Justin Shepherd is a PHD holder in higher education in leadership and policies from Vanderbilt University. He does research and writes about politics, finances and policies in higher education. The two authors in the article writes about the effects of tuition deregulation in Texas. According to the article, deregulation has benefited the black community while the Hispanics have been disadvantaged whereby only a few get to complete college in the stated time because the tuition fee is high and the 2003 deregulation policy does not favor them. The authors suggest that the state government should go back and look into the provisions of the policy. The article will be used to understand how high tuition rates affect those who cannot receive loans and grants while in university. Tuition fee at the university is higher for the Hispanic immigrants to raise it on time and compete with fellow students.

Najmabadi, S., & Blanchard, B. (2018, April 10). As college costs rise, some Texas students go hungry. Will food scholarships help? The Texas Tribune, pp. 12-18.

Shannon Najmabadi is a higher education reporter at Texas Tribune when in 2017 she was a fellow. She has written and reported several issues related to higher education policies and politics. Her contribution and publications can be found on the Taxa’s tribune website. Bobby Blanchard on the other hand runs the Tribune’s social media where he sources data from respondents on various issues including “this is your campus.” The authors write about the impact of rising college fee to students and among them include: students going hungry in order to save money to pay tuition fee in time. According to Shannon, food is a basic need where when one skip meals, chances are high that he or she will have poor concentration in class. The authors suggest that since the tuition fee keeps rising there is need to be aid including food scholarships. The source will be used to explore the struggles that students go through in order to complete their college education. Also, the article will be used to see how affected students tend to survive while in college. It is true there should be food/ accommodation scholarships since they are basic needs and affects one’s learning ability if there is shortage in food supply or lack of proper accommodation.

Mulhern, C., Spies, R. R., Staiger, M. P., & Wu, D. D. (2015). The effects of rising student costs in higher education: Evidence from public institutions in Virginia. ITHAKA.

Christine Mulhem worked as an analyst at Ithaka till 2015 December, Richard Spies is a senior advisor on higher education and an investigator of the effectiveness of public education in universities while Derek Wu is a research analyst in the same organization Ithaka S+R. The article documents shift in higher education and how different groups have reacted to the shifts. Among the shifts include increasing academic costs and lack of accommodation. The shifts have ae it difficult for college students to complete their education on time forcing them to work for more hours compared to hours spent in learning. According to the authors, public education is failing by narrowing gaps for minority societies who cannot afford expensive schools giving the students from working class a chance to pursue studies despite their intelligence. There are a lot of bright students left out as a result of not being able to afford school fees. They end article will be used to determine the effects of shifts in institutions especially in terms of school fees. It is evident that not everyone has the capability of affording expensive schools or staying up to date with shifts in institutions.

Cortese, A. D. (2003). The critical role of higher education in creating a sustainable future. Planning for higher education, 31(3), 15-22.

Antony Cortese is an active researcher in academic and environmental factors that happen to affect learning. In this article, Anthony writes on how sustainability can be modelled by higher education, including an interdisciplinary, and modeling students to graduate and lead the society towards the part of growth and development in economic, social and political aspects. The article gives examples of universities doing well and universities which fail to make the changes because of the high tuition fees and other economic factors which see less students graduate from their college. The article will be used to understand the curriculum and other connected university functions which are essential for development. Information on issues facing university students found in the article will also be used to relate how tuition fees affects learning for those who cannot afford to pay in time. Universities have missions and should revise their rules to be flexible enough for them to meet their aims and objectives.

Trow, M. (2000). From mass higher education to universal access: The American advantage. Minerva, 37(4), 303-328.

Minerva is a devoted organization that studies about institution and development in science as a field of study. Martin Trow was a professor in public policy and did studies on the growth of higher education. In this article, he explores ow higher education in America has been made open to everyone globally and that institutions offer scholarships which becomes a great advantage to the needy students. He argues that there is a broad development in higher education and by making it universal and offering scholarships, the universities at playing a big role in increasing the number of elites in the world. He gives the advantages of free tuition which are; creating a humble time for students to study and students can easily access academic materials for their research. The source will be used to understand the positive effects of making university education in America universal and the advantages of offering academic scholarships to student. Academic scholarships come in handy especially when one has no stable source of income.

BIBLIOGRAPHY

References

Cortese, A. D. (2003). The critical role of higher education in creating a sustainable future. Planning for higher education, 31(3), 15-22.

Flores, S. M., & Shepherd, J. C. (2014). Pricing out the disadvantaged? The effect of tuition deregulation in Texas public four-year institutions. The ANNALS of the American Academy of Political and Social Science, 655(1), 99-122.

Mulhern, C., Spies, R. R., Staiger, M. P., & Wu, D. D. (2015). The effects of rising student costs in higher education: Evidence from public institutions in Virginia. ITHAKA.

Najmabadi, S., & Blanchard, B. (2018, April 10). As college costs rise, some Texas students go hungry. Will food scholarships help? The Texas Tribune, pp. 12-18.

Trow, M. (2000). From mass higher education to universal access: The American advantage. Minerva, 37(4), 303-328.

Individual Reflection Essay on Thomas-Kilmann Conflict Mode Instrument

Student’s Name

Institution Affiliation

Course Name and Code

Professor’s Name

Date

Individual Reflection Essay on Thomas-Kilmann Conflict Mode Instrument

Introduction

Thomas-Kilmann conflict modes provide an amicable insight through which an individual can determine the appropriate measures in conflict resolutions (Thomas & Kilmann, 2012). As such, the paper analyzes my reflection on what I have learned from the group process, how my team applies the Thomas-Kilman conflict mode instrument, how experience with the conflict mode benefits my behavior as analysis, and my thoughts on working on won biases. Also, the paper describes the steps I would take to avoid bias in my Treatment and my thoughts on core ethical principles.

Reflection of What Learnt from the Group Process

The group process enabled me to learn the Thomas Kilmann conflict mode instrument. Learning the Thomas-Kilmann conflict mode instrument created a framework through which an individual can get adopted by people in a conflict or negotiation situation. The framework entails four models: competing, collaboration, avoiding, and accommodation (Thomas & Kilmann, 2012). The competing model creates a situation where every individual in the conflict tries to dominate the situation to get amicable support from the third party. Also, collaboration defines the integration process where the conflicting parties try to collaborate, aiming to reach an agreement (Schaubhut, 2018). However, there exists a situation where a person in conflict chooses to neglect to avoid unnecessary agreement. Neglecting entails avoiding arguments in all aspects. Moreover, accommodation defines the last modes of dealing with conflict according to Thomas-Kilmann’s theory.

How my Team Applies the Thomas-Kilmann Conflict Mode Instrument

My team also applies the Thomas-Kilmann conflict modes when determining the steps through which the conflict gets examined and how different types of people use a variety of scenarios to solve the conflict. The first mode instrument defines competing, where the conflicting parties compete for a common goal. Competition creates a framework through which an analyst can define zero orientation since the conflict starts from a zero point of view. It is also a power struggle which is a loose or wins situation. Collaboration also defines the expansion of the possible options (Thomas & Kilmann, 2012). It creates a mechanism where the win or outcome is generated through a creative option and opinion. Consequently, compromising defines the Kilmann conflict mode, which my team should apply to enhance the continuity of the conversation and generate respect. Compromising examines strategies where the relationship gets preserved through collective agreement and the ability of the conflicting parties to create a comprehensive dialogue to hear the interest of all the parties. As a result, the team applies compromising strategies to enhance inclusivity and oneness, thereby creating the brotherhood. Avoiding mode in the framework enables the conflicting parties to withdraw from the situation and enhance oneness through corrective measures (Bădiţoiu & Stănescu, 2018). It also enables an individual or the group to maintain a neutral approach to the disagreement and gives the space for generating a comprehensive outcome to conflict resolution. Furthermore, the accommodation mode enables the parties to accede to other parties during conflict hence maintaining the harmony and the need to generate the expatriate conflict resolution model. Therefore, the team applies the conflict modes of Thomas-Kilmann to generate the assertiveness which determines the desire, outcome, needs, and agendas.

How the Experience with the Conflict Mode Instrument will benefit my Behaviors as an Analyst when faced with real-life Ethical Situation

As an analysis, the experience with the conflict modes generated by Thomas-Kilman will benefit my behaviors through several approaches. It provides a mechanism through which I can understand different types of people, their emotions, and their motives during a disagreement. Some people like avoiding modes to maintain peaceful coexistence (Bădiţoiu & Stănescu, 2018). However, avoiding the conflict can be dangerous since it leaves the conflict unresolved. Also, I can analyze an individual taking the avoidance mode as someone who fails to address the issue. According to my perspective, analyzing accommodation involves acknowledging the concerns of all the parties by giving away all the ideas and generating all the parties’ views and interests.

My thought on how I work on my Own Biases

Working on my own bias creates an amicable insight through which I can generate all the new ideas and techniques for handling conflict resolution to create mutual coexistence (Thomas & Kilmann, 2012). As such, I handle my bias by understanding the groups involved in the conflict. After understanding the group, I will determine the criteria through which conflict resolutions can be perceived through peaceful processes and extrapolate the ideas involving union and togetherness. Increasingly, avoiding the ignorance of conflict can help me work on the bias. Clarifying all the issues also creates an enabling environment through which I can generate ideas and determine the possible solutions to the issues. Continuous monitoring and generating follow-up procedures will enable me to avoid bias, enhancing equity in idea generation.

Steps I would take to ensure there is no bias in my Treatment.

Avoiding the bias in my Treatment involves using profitable procedures to eradicate the detriment. As such, the first step is to accept that everyone has unconscious biases. Also, making considerable decisions creates an insight through which I can avoid bias in decision-making. Consequently, paying attention to bias-related activities to protected characteristics like sex, race, gender, and religion will give me critical solutions through self-cognition. Setting the rules for the behaviors by not tolerating interruptions in the group and ensuring everyone gets a fair hearing (Thomas & Kilmann, 2012). Furthermore, avoiding making assumptions and using rotes to avoid stereotypes will create a condition of apologizing when the situation is wrong.

My thoughts on the core principles in the ethics code for Behavior Analyst I had a chance to uphold during the group experience

As a behavior analyst, my thoughts on the core principles of ethics like beneficence, non-maleficence, autonomy, and justice are based on those codes’ ability to solve the conflict in a respectable manner. Beneficence gets based on doing good things to others hence acting as an example. Non-maleficence entails avoiding harm in conflict resolution and remaining neutral (Cordell, 2018). Also, the principle of autonomy entails control by an individual through fairness which defines justice. As such, I would consider using all the principles of ethics to accelerate the conflict resolution process. Therefore, upholding the group experiences enhance justice and fairness.

Conclusion

Using Thomas-Kilmann conflict resolution modes helps generate comprehensive formulas in conflict resolution. It defines different types of people in the conflict resolution process. Therefore, using the framework enables me to understand the bias and avoid the detriment that may hinder the conflict resolution process through the core ethical principles.

References

Bădiţoiu, L. A., & Stănescu, A. (2018). A strategic approach to conflict management systems. Revista de Management Comparat International, 19(5), 487-496. https://rmci.ase.ro/ro/no19vol5/04.pdfCordell, A. (2018). Thomas-Kilmann Conflict Mode Instrument. In The Negotiation Handbook (pp. 79–81). Routledge.

Schaubhut, N. A. (2018). Technical brief for the Thomas-Kilmann conflict mode instrument description of the updated normative sample and implications for use CPP research department. 2007. TKI_ Technical_Brief. Pdf (Accessed on 5 April 2018).

Thomas, K. W., & Kilmann, R. H. (2012). Conflict mode instrument. Langara College.

Black Lives Matter

Penylane Alvarez

Florida International University

July 18, 2020

Abstract

We live in a world where we are taught that all lives matter and we should value every life. However, with the happenings that we see all over the world happening then one may argue that black lives matter. There is a history of blacks being treated as the less superior race for so long. This can be dated back to when Africans were taken from their home continent made to travel miles and miles away to become slaves in a foreign nation. When most did realize that they could fight for their rights and equality, many started demanding for better lives including the need to stop being slaves. Although Black Lives Matter is a new term that was founded in 2013, the demand to treat black lives better started way back and it gained momentum around the 20th century. This is attributed by the factor that some African Americans had gotten formal education and had learn they could fight for equality. Black Lives Matter is a movement that has brought to light the plights of black people especially in the united states. In order to fight police brutality several measures have been taken including recommendation on the implementation of body cameras by police on duty which could record how the officers deal with people.

Keywords: police brutality, Black Lives Matter, police policies, body worn cameras

Introduction

Black Lives Matter is an anti-racist advocacy organization that was established in July 13th 2013. The movement was established after the death of Trayvon Martin who was a young black man. Trayvon Martin had visited his father Tracy who lived with his girlfriend in Sanford, Florida a neighborhood that mostly had white residents. On a Sunday night while he was returning back from getting a snack, George Zimmerman an officer who was not on duty that night stopped him and asked him to show his credentials. Zimmerman was suspicious of the fact that Trayvon was in the neighborhood and he had stopped him. Zimmerman reported that he had fired the gun in self-defense (Ince, 2017). Thousands of people would later demonstrate the next day on learning about Trayvon’s death as many African Americans claimed that the police were killing many unarmed young men and using the excuse of self-protection to shift blame to the victim. This was the incident that resulted in Alicia Garza, Opal Tomato and Patrice Cullers to begin the advocacy group. This paper will examine the impact of the Black Lives Matter especially when it comes to police brutality and the use of police body cameras in preventing police brutality cases. This paper will examine the impact of the Black Lives Matter especially when it comes to police brutality and the use of police body cameras in preventing police brutality cases.

During the 20th Century when most African Americans had begun fighting for their lives they were already undergoing discrimination. Several leaders begun advocating for better treatment some notable names including Langston Hughes, W.E.B Du Bois, Martin Luther King Jr, Rosa Parks, Malcolm X among other leaders. These leaders were mobilizing African Americans to stand up for themselves but in doing this they were met with obstacles. One particular incident that portrayed how police brutality was towards African Americans was during the Montgomery protests (Monica, 2018). This protests had been triggered by the arrest of Rosa Parks who had refused to wake up on a seat meant for a white person. People rioted because of her arrest and several others but the protestors were meat with police force. The riot also included children who were not spared. This violence was televised and many people got to witness how African Americans were treated and they got pity from this (Williamson, 2018).

Review of Previous Research

The stereotypes that exists against the African Americans is the greatest contributor as to why there are high rates of police brutality towards African Americans. According to Charles (2015), Most people believe that African Americans are violent and they are also likely to be armed. Police tend to profile Africa Americans and when they are stooped they are treated with so much hostility as compared to whites. In most cases they will be asked to remove their documentation just to prove they are American citizens. Although this may be a measure that is to keep the nation safe, this may not be done to whites as compared to minorities (Charles, 2015). African Americans are often perceived as criminals and thus armed. It is for this reason that when police officers stop them, they often require them to put their hands where they can see as most officers think that the “suspect” may reach out for a weapon. There are several people that have been shot as they tried getting their identification with police officers thinking that they may be trying to get a weapon.

According to data that was obtained from the FBI, in the year 2013, more African Americans were killed as they accounted for 31% of killing that were conducted by law enforcers (Carney, 2016). This is quite a huge number proving that police brutality is quite a huge social issue among the law enforcers. There are several instances that have been portrayed by the media on how ruthless the law enforcers have reacted to minorities. Trayvon Martin who led to the birth of Black Lives Matter movement is just a tip of the iceberg. In 2020 only, we have seen how law enforcers have reacted towards the African Americans. May 25th, 2020 was one outrageous day for the black community and other people after George Floyd a defenseless man was killed. George Floyd had been arrested for allegedly having a counterfeit $20 bill and the law enforcer who arrested him had him pinned on the ground as he knelt on his neck. A recording is shown of George begging the officer to get off him as he could not breath his last words “I Can’t Breathe” it is these words that have been used by the BLM to try and demand accountability including the officers being charged with murder. Breonna Taylor is another case that has caused so much anger among African Americans and has contributed to the movement also garnering so much support.

Anderson (2018) acknowledges of the systemic racism that seem to propagate police brutality. There are laws that have been pointed out that seem to propagate the police brutality especially towards African Americans. One such rule is the stop and search movement where police officers can stop the citizens to ensure they do not have any weapons concealed or are American citizens. This rule however seems to only apply to minorities especially African Americans. An African American is likely to be stopped and searched as compared to African Americans. Some of this stop and searches have resulted in death of some African Americans. An example of this scenario happened on New Year’s eve when Oscar Grant who was 22 years old was stopped by the police officers on their way home. Oscar was stopped and he complied, however, he was shot from the back. Oscar is just one case but there are so many case where policies created by law enforcers have been used to target African Americans (Anderson, 2018.

Policy Effectiveness

Black Lives Matter has been able to make some strides when it comes to championing for rights of blacks. There are accounts that have been set up where people donate money that is used for bail money for protestors that are arrested or for lawyer charges who defend families suing the law enforcers. The movement has shaken the world as now even footballers with leagues such as the Premier League taking a kneel before each game to show support for the BLM. BLM is also pushing for changes in policies as well as mandatory adoption of technological advancements such as police Body Worn Cameras that may help reduce police brutality cases (Nicole, 2015). Police brutality cases have proved so hard to challenge because of the Blue Code of silence whereby law enforcers cannot give out information of any wrong doing of a fellow officer. Most officers even end up committing perjury as they are ready to lie on the stand for their colleagues. This has often led to lack of enough evidence to prosecute the law enforcers most just getting transfers or suspensions which is a slap on the wrist considering the crime committed. An example is the case of Officer Franci Livoti who had been accused of killing Anthony Baez. The judge was unable to convict him citing that the officers that had testified on the stand had lied. In cases where it is the officers word against a civilian without evidence, an officer is likely to win because they are seen as morally right and law abiding citizens (Dorothy, 2012).

Police body cameras are always there to enhance transparency and accountability among police officers and citizens too. They are used to record the cases of brutality on citizens. With the availability of these body worn cameras there would be a reduction in the number of complaints made against the police officers. This is because the law enforcers can’t work or act out of anger or inappropriately due to monitoring of their activities. therefore, the number of assaults by police officers reduces and consequently making it safer for citizens to carry out their day to day activities without fear (Braga, 2017).

Body Cameras help to prove any misconduct allegations and the good conducts of a cop, thus can be said that they are used as a tool for strong support from the public and also police training. The videos recorded by the cameras can be used to serve as an example to new or even existing officers. We can get to show either the bad or good that a recruit did and the consequences that they got to serve later. This will help them maintain discipline while at work. The cameras can also be used to enhance security in areas that are not covered by CCTV camera. This makes sure that the crimes in many areas would reduce with a significant percentage making citizens feel more secure (Wooditch, 2020).

Though they may be of so much of benefits, there are also disadvantages where they negatively affect police officer’s mental health since it is well known that nobody does well under constant surveillance. It also affects the safety of police officers this is because they may get into contact with people that don’t like to be filmed therefore they may turn to be violent towards them. This poses danger to their careers and also may damage the police- public relationship. Though efficient, they are also unreliable this is because of its insufficient battery length especially in cold weather where the battery life diminishes quickly. It tends to be expensive too this is because other than equipping the police departments with cameras, they also have to cover the costs of training, data storage facilities, maintenance costs and also the extra staff to manage the video data. Even though they cannot change the way the police officers approach their jobs it makes it easy to monitor the activities that are carried out. Therefore, we see that their benefits are more than their disadvantages. The implementation of body worn cameras is very important.

Policy Recommendation

Advocacy movements have been a great part in trying to establish the need for equality in our country. Black Lives Matter need to be applauded for the good work they are doing. There is need to also conduct sensitization to the members who get to participate in this advocacy groups need to do it peacefully. The aim of the Black Lives Matter movement is to offer sensitization to ensure that police stop the killings but use of violence may not actually end up yielding the result it is thus important for BLM campaigners to utilize peaceful means as that is their MO.

On police body cameras, there should be policies on when police can record for example during confrontation or arrests. These policies may range on guidelines as to when police may use the body camera, how they need to handle the device Body worn cameras being an introduced technological device, some may need training for example on ways they can ensure that the data is not deleted. Officers need to be given training on how they operate the camera without deleting of any data. Discretion on when to turn on cameras may be offered and officers need training to ensure they are able to use the device correctly. However, cameras may also always remain on as long as a law officer is on duty or patrol, cameras may be switched off when police officers finish their shift or are addressing a matter that is private and not related to his line of duty. All footage needs to be later on reviewed to determine if an officers story rhymes with the footage. The review of the footage is to not only identify police brutality cases but may offer the police department insight on what goes on during officer’s patrols.

In conclusion, Black Lives Matter is an advocacy group that has brought change. When it started nobody thought it would have the impact it has now. The group has received several challenges including formation of a campaign “All Lives Matter” a campaign to shadow them. Although it is true that all lives matter, it is for a fact that black lives are much more threatened and experience brutality. Body worn cameras will definitely be the best way in reducing police brutality as it will help record police interaction with citizens. In case of wrongful shootings, the video footage on the cameras will definitely be used as evidence to determine the truth. There is hope in the feature that blacks and other minorities will be treated better by the law enforcers.

References

Anderson, M., Toor, S., Rainie, L., Smith, A., Anderson, M., Toor, S., & Smith, A. (2018). An analysis of #BlackLivesMatter and Other Twitter Hashtags Related to Political or Social Issues. Pew Research Center.

Braga, A., Coldren Jr, J. R., Sousa, W., Rodriguez, D., & Alper, O. (2017). The benefits of body-worn cameras: New findings from a randomized controlled trial at the Las Vegas Metropolitan Police. National Criminal Justice Reference Service, 1-66.

Carney, N. (2016). All lives Matter, but so does Race: Black Lives Matter and the Evolving Role Of Social Medis. Sage Journal, 44-49.

Charles, D., Himmelstein, K., Keenan, W., Barcelo, N., & White Coats for Black Lives National Working Group. (2015). White coats for black lives: Medical students responding to racism and police brutality. Journal of Urban Health, 92(6), 1007-1010.

Dorothy C., Kathryn H., & Walker K. N, (2015). White Coats For Black Lives: Responding to Racism and Police Brutality. Journal of Urban Health, 88-102.

Ince, J., Rojas, F., & Davis, C. A. (2017). The social media response to Black Lives Matter: How Twitter users interact with Black Lives Matter through hashtag use. Ethnic and racial studies, 40(11), 1814-1830.

Monica, S. T. (2018). An Analysis of Black Lives Matter and other Twitter Hashtags related to political or social issues. Pew Research Center, 50-62

Nicole Pagowsky, N. W. (2015). Black Lives Matter: Race, Policing and Protest. Wellesley College, 34-40.

Williamson, V., Trump, K. S., & Einstein, K. L. (2018). Black lives matter: Evidence that police-caused deaths predict protest activity. Perspectives on Politics, 16(2), 400-415.

Wooditch, A., Uchida, C. D., Solomon, S. E., Revier, L., Connor, C., Shutinya, M., … & Swatt, M. L. (2020). Perceptions of body-worn cameras: findings from a panel survey of two LAPD divisions. American Journal of Criminal Justice, 1-28.

Presented by

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Subject

Date

Effects of having a parent incarcerated

Introduction

Incarceration refers to the act of detaining a person in prison as a form of punishment from a wrong thing done. Parent incarceration forms one of the most serious problems with a long-lasting effect in the American society, especially to their children. Research findings show children separated from parents by death do not suffer as much as the children left behind by incarcerated parents. The higher rates of incarceration indicate that more parents are being imprisoned today that before. Children left by an incarcerated parent become needy of basic needs such as food, clothing and shelter. In additional, the child’s emotional and psychological needs that are only known by a parent are greatly affected by the absence of one parent or both. Such children face many challenges in life starting from adapting to live without their parents (Arditti 55-71). Child-parent separation is a devastating thing especially for children between ages of 7 to 10. While some children have the capacity to overcome the effects, a big percentage ends up suffering a lot from the separation presenting maladaptive behavioral patterns whose limitations are minimal.

The high rate of imprisonment leads to an ever-increasing number of children whose parents have been incarcerated composes one of the largest populations in America. For instance, America recorded an increase from 950,000 million in 1995 to 1.7 million children whose parents had been incarcerated in the year 2007 (Mumola 12-15). Such children face serious effects because of different life circumstances they face in their daily life. The impact is more when the female parent is imprisoned than when a male parent is imprisoned. In addition, the number keeps on increasing meaning that the rate of crime in America has increased. (Dallaire 440-453).

Discussion

Incarceration of parents increases children exposure to poverty, crimes, substance abuse, and violence. Such cases are evidence where the father is incarcerated hence children have no respect for the mother and can do anything. Parents, especially fathers, play a significance role in correcting children behavior and once they are out of sight children result into unlawful acts. In addition, children feel depressed due to lack of love of one parent forcing them to result into violent acts to ease their anger. Researchers also discovered that paternal incarceration leads into the emergence of family tensions while, maternal incarceration have a greater impact on children placement. These effects continue to rise as the number of incarcerated male and women continue to increase in the American prisons (Miller 473-474).

On the other hand, paternal incarceration leads into a temporary single-parenting system whereby the mother assumes the responsibility of sole guardian. Imprisonment has more serious effects on children behavior than any other cause of parent-children separation. In cases of death, the remaining parent acquires a natural mitigation against the impact that last for a short while. Separation due to imprisonment has a negative response to the remaining parent because it is associated with stigma and stress. In most cases, children faced with the stigma of parental separation due to incarceration always feel embarrassment and shame that makes such children unable to cope with the anxieties resulting from the separation. In addition, as the time goes on the child of an incarcerated parent faces deleterious effects and in the course of prolonged embarrassment and shame the child is unable to socially associate with others. The effect of a parent incarceration takes different forms depending on the type of crime that a person is accused of (Hannon, Martin & Martin 23-260).

Parent incarceration also has an adverse effect on the education life of the affected life. Education is a powerful aspect of life and every child has the right to education from primary level to tertiary level. The education of a child is highly associated with income and the presence of a parent to for motivation. In cases where the parent is in prison, the child faces many challenges in school. At some instances, such children are unable to attend classes in fear of other students mocking them. For instance, children whose parents face death and rape cases have difficulties associating with other students and even teachers. Such children are termed killers because they are thought to take the behavior of their parents. The United States statistics indicate that one in every three students drop out of school due to cases of parental incarceration. In addition, the statistics show that a child whose mother has been incarcerated shows low performance compared to a child whose father face incarcerated (Glaze & Maruschak 18).

Children of incarcerated parent might also develop eating and sleeping disorder. Some children become bear much stress to an extent that they are unable to eat or sleep as they spend most of time thinking of their absent parent (s). On the other hand, a child might develop irregular eating patterns that have serious effects on the victim. On other instances, children of incarcerated parents develop mental disorder because of excessive thinking. Mental disorder problem develops over time and eventually becomes a long-lasting maladjustment in a child. The main cause of mental disorders for children and families whose parent has been incarcerated is social stigma. Children of incarcerated parent give stories of how their peers bully them and say nasty words to cause embarrassment. Such a person cannot stop thinking of the parent in prison while forgetting other important things in life. In addition, the problem has an effect on the other parent because he or she bears the load of taking care of the family alone.

Generally, parent incarceration has a lot of negative effect on a child, the society and the community at large (Gabel 220-223). The child is separated from the loved one for a significant period with limited visits. The following aspect changes the behavior of a child and may lead into early suicide. In addition, incarceration leads to a lot of strain by the family members left behind. The family of the affected individual faces development challenges. Development is essential for the growth of a family and the absence of the person who implements developmental changes introduces a challenge. The above problem leads into an economic strain where the family and relatives of the incarcerated person struggle in all means to look for money to cater for basic family needs (Arditti 13-18).

Conclusion

From the above discussion, parent incarceration has immediate effects related to shame, social stigma, and financial challenges. Moreover, the long-term impacts of parent incarceration include involvement in crimes, failure to withstand stresses in future, and trauma. Generally, the effects of incarceration require some measures that ensure children and the society never face these effects. The government should device ways of dealing with such cases. One of the most recommendable approach involves the government and public participation in motivating such children and their families to take control of their emotions. Such a practice will reduce social stigma, it will put the affected person’s mind occupied with other issues, and will assist the person in leaving a positive life.

Work cited

Arditti, Joyce A.. Parental incarceration and the family: psychological and social effects of imprisonment on children, parents, and caregivers. New York: New York University Press, 2012. Print.

Dallaire, D.H. Incarcerated mothers and fathers: A Comparison of risks for children and

families. Family Relations, 56(5), 2007.

Gabel, K. Children of Incarcerated Parents. New York [u.a.: Lexington Books, 1995. Print.

Hannon, G., Martin, D., & Martin, M. “Incarceration in the family: Adjustment to change”. Family Therapy, 11(3), 2004.

Miller, M.K. “The Impact of Parental Incarceration on Children: An Emerging Need for Effective Interventions”, Child and Adolescent Social Work Journal, Vol. 23, No. 4.2006.

Mumola, CJ. Incarcerated parents and their children. NCJ 182335. Washington, D.C.: U.S. Department of Justice, Bureau of Justice Statistics. 2000.

Glaze, L., & Maruschak, L. Parents in prison and their children. Bureau of Justice Statistics. 2012.