Government Policy Term Paper

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government policy in criminal justice. Specifically it will answer the question: Do government policy and regulation help or hurt in the racial, ethnic, religious, gender, and sexual orientation area? These members of society could be called "vulnerable populations," and all are quite affected by society and governmental policies. These populations are "different" from the general population, and so, their needs, their reactions, and their experiences are often different, too. Governmental policy initially was meant "for the people and by the people," but today's governmental policies often ignore segments of the population, or make it harder for them to synthesize into the general population, both in society, and in the criminal justice system as it exits in America today.

Governmental policy has long been scrutinized, criticized, and manipulated as to where it stands on issues regarding the vulnerable populations. Sometimes, governmental policy shifts, as it has somewhat regarding gays and lesbians serving in the military. Today, the governmental policy is "don't ask, don't tell," which is superficial at best. Gays and lesbians are forced to keep their sexual preferences a secret, just when much of the country is becoming more open and aware of gay and lesbian issues. For example, military leaders cannot come out and directly ask a service member if they are homosexual. However, they can investigate information that may lead to discovery of homosexual acts, and they can discharge a soldier if they are found to be truly or openly homosexual. Thus, the military is operating in a paradox, where they hide the fact that soldiers are gay unless the fact becomes well-known. This is only one of many governmental policies that seems both ridiculous and harmful to the homosexual population who wants to serve in the military. There, if they want to "succeed," they must hide their lifestyle, exactly as many homosexuals felt they had to do decades ago to fit into "acceptable" society. This governmental policy has not furthered the lives of homosexuals and their careers in the military, it has hampered them by turning them into liars to protect their military careers.

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There are numerous criminal justice theories which attempt to explain criminal behavior and the nature of crime. One of the latest, which has at least some of its origins in the teachings of Karl Marx is the social conflict theory, which is essentially the belief that much of crime is caused by societal conflict and pressures between the upper class wealthy, who society consistently protects, and the lower class poor, who the criminal justice system consistently prosecutes. For example, it is well-known that a disproportionate number of criminals prosecuted are Black or Hispanic. While most police departments disavow knowledge of profiling, many ethnic minorities will testify that they are consistently targeted by the police, especially if they seem to be "out of place" in a white neighborhood, for example. This unofficial policy of racial profiling leads to a higher number of incarcerated minorities, and also leads to overcrowded prisons, a clogged criminal justice system, and the need for legal and justice reforms. While profiling may not be an "official" policy, it is common, and many more people believe that profiling is necessary, and even essential to locate terrorists and other violent members of society after the terrorist attacks of September 11, 2001. Ethnic minorities who appear Arabic have also been targeted by government policies that allowed search and seizure because of a national emergency.

In addition, the prisoners held at Guantanamo Bay in Cuba are facing a rigid and perhaps even rights-bending policy that has come under fire recently because of the many atrocities and social issues surrounding their capture and continued captivity. These mostly Arabic prisoners are being held without the ability to contact family or representation, and they have been held for several years, and it looks like they will continue to be held in the future. Some of them may indeed be enemies of the state….....

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