Video Game Violence and Child Aggression
Jeannette Villatoro
Statistics BKE1112A
April 18, 2011
Brianne Gilbert
Video Game Violence and Child Aggression
Introduction
Child aggression is a topic of interest for any parent and for society as a whole. Aggression can create a multitude of problems for children including advanced anger issues, violence, and depression. Additionally, video games are a top form of entertainment for children and the use and development of video games is steadily growing. According to Anderson and Bushman, “about 10% of children aged 2 to 18 play console and computer video games more than 1 hour per day (Anderson & Bushman, 2001, p. 353)”.
Due to the prominence of violence in video games, it is important to study the correlation between video game violence and child aggression. Studies may become successful in deriving answers to this dilemma through utilization of mixed method research studies and an incorporation of observational data and surveys of participants. Correlational studies are imperative to this dilemma of child aggression and video game violence and the goal is to search for a sustainable correlation, evaluate results, and eventually change the culture of video game entertainment to reduce the impediment of child aggression in society.
Statement of the Problem
Aggressive behavior in children is a concern for many parents. Aggression usually builds and becomes more of an aggravating circumstance and can be fueled by anger, fear, low self-esteem, anxiety from a lack of control and a combination of these factors (Department of Family and Consumer Studies, 2010). Aggression is a serious matter because of the problematic emotional development that can occur with a child displaying consistent aggressive tendencies. Furthermore, the child will continue to cope with situations in an aggressive manner if not addressed properly. The reactions others may have to aggression may be fear, avoidance, or submission to the behavior, enabling the child with aggression to have control, and this can possibly encourage the aggressive behavior to continue.
Because of the negative effects of aggression on children as well as families and other peers, the topic of child aggression should be forcefully explored. It is imperative to reinforce positive behavior by teaching a better way for children to express themselves. To understand why aggression is an issue, caregivers must try and discern the causes of the aggressive behavior (Department of Family and Consumer Studies, 2010). Emotions, tiredness, and other internal mechanisms may be a factor. However, there are environmental factors and other elements that can be considered to be a stimulant to aggression. Studies on aggression have become more extensive and research has suggested different approaches to the onset of aggression. One of the well-received approaches to aggression is the social learning theory in which aggression is learned initially through social interaction and is maintained by other conditions (Smith, 2008). With this theory of aggression, operant conditioning is also a factor. This theory would support the hypotheses that violent video games promote aggressive behavior through rewarding the violent activity with coins and other incentives related to the game.
Violence is rampant in our culture and steadily rising. Technology is growing rapidly as well. Entertainment is also on a steady rise, and various forms of entertainment are now related to technology in vast ways, and seemingly following the wave of growth in violence. One of the most popular forms of entertainment, fueled by advanced technology, is video games. This industry is embracing the depiction of violent images for sale growth more so than previous decades. Video games are a popular form of entertainment because of the player’s ability to manipulate the sequences of events. However, the development and sales of video games reflect an alarming rise in ratings valued for maturity, causing entertainment to be commonly assessed in a violent manner.
René Weber, an assistant professor at Michigan State University and the conductor of a research study on this issue stated, “m-rated games contain concerning violence: that is, realistic, rewarded and justified violent activities of attractive perpetrators in real-life settings” (Michigan State University, 2005, p. 1). Weber conducted a functional magnetic resonance imaging study on 13 male research participants to prove a correlation between aggressiveness and violent video games (Michigan State University, 2005). Brain activity of the participants were recorded and analyzed as the participants played violent video games. This study showed a link between the characteristic regions of interest in the brain that shows aggressiveness and the participants playing the violent games (Michigan State University, 2005). According to Weber, “there is a neurological link and there is a short-term causal relationship” (Michigan State University, 2005). This discovery justifies further research into the phenomenon of aggression and how it may be enhanced through violent interactive play, especially when considering young children.
Video game violence has shown to exude certain types of encouragement for these negative aggressive behaviors in children in addition to somehow producing the aggressive tendencies. Simply eliminating video game use is not a feasible solution; yet discerning the direct impact video game violence has on these negative childhood behaviors may help to impede further issues. Moreover, targeting the aggression is necessary to avoid furtherance of its consequences and to help children recognize and avoid violence in media as an influential aspect of their own behaviors.
Literature Review
Though levels of violence may differ in strength and multitude in the immense array of video games available on the market, violence is highly evident in most video games being produced these days. Because of this, it is important to study the correlation between video game violence and child aggression. Through evaluation of mixed method research studies, the variables of child aggression and violent video games can be purported to be correlated. After reviewing several articles on child aggression and correlations with this behavior, it appeared that many research concepts have been formulated based on video game violence and child aggression. This is a previously studied topic, yet most research studies fixated on long term observation rather than direct or immediate scrutiny. Furthermore, other research studies on violent video games and child aggression lacked a qualitative approach in which the participants were surveyed to incorporate the perspectives of the subjects of the study directly into the findings.
The idea of this particular topic is built on the strong realization that previous studies and literature pertaining to the topic in question, either the correlation of variables together or each of the variables independently, has brought understanding and depth to the field of psychology and child development. Through reviewing previous studies on video game violence and child aggression, it became evident that a correlation exists between these variables. Because this is a social science study, a cause and effect is not measurable, but the correlation seems strongly apparent through most of the reviewed literature. Furthermore, the knowledge and application gained from these literature reviews will serve as a foundational understanding of the issue and proper methods of approaching the research.
In a study conducted on child aggression, prosocial behavior, and empathy, statistical results showed that not only do children have difficulty differentiating acceptable behaviors when frustration or anger ensues, but that empathy was lacking when consequences of violence were evident (Anderson, et al., 2001). It is further found in this study that violent video games have a strong correlation with child aggression and antisocial behaviors (Anders, et al., 2001).
With an oppositional focus, one researcher conducted a study that resulted in a conclusion quite different from most studies on the topic of correlation between childhood aggression and violent video games. Christopher Ferguson, an associate professor at a Texas University, found through his study that violent television and video games were not predictive of aggression (Hunt, 2010). Ferguson purported that no evidence supported that violent media strips children of their natural hesitancy toward killing and this media violence does not seem to teach or encourage such behavior (Hunt, 2010). These findings are interesting, yet it seems lacking in sustenance. The samples were small and unbalanced representations of a large population and the study did not incorporate needed qualitative methodological approaches, neither did this study possess viable observational tactics.
It seems quite plausible to assume, without a research study, that the preponderance and commonality of violence in video games show children that this behavior is somewhat normal. These games go beyond this, in fact, by rewarding the behavior of violence with virtual money and accolades. The normal simulation in the games of life-like cities, scenarios, and people further perpetuate a virtual world quite realistic in presentation. This visualization surely provides a setting of training material for future life scenarios. Additionally, Ferguson goes on to suggest that parents are needed to push the knowledge that violence is wrong rather than blaming the video game industry (Hunt, 2010). While this is a valid and honorable point, parenthood is a state in which a constant battle with environment is to be had, and parents can only teach so much before the teachings are noticeably in contradiction of what seems to be the norm of violence and the acceptance of aggressive behavior. Parents can indeed prevent such games from being played, but in doing so may simply be protecting their children from a world of media violence that awaits them at any stage or age in life and thus must be addressed and conquered considerably early in childhood development.
Findings
Most studies in this realm have had purposeful sampling methods imposed. Purposeful sampling targets subjects that have certain characteristics (Siegle, 1998). The characteristics that are needed for this sampling are children of a specific age group that regularly play video games for recreation. The specific type of purposeful sampling is ideally homogenous because of the basic similarities chosen within the groups and the need to simplify the analysis to focus specifically on the independent and dependent variables (Siegle, 1998). Most of these studies illustrated these needs with interesting results.
A correlation was definitely found in most studies conducted on this topic, in studies specifically targeting the facets of childhood aggression and video game violence, and studies that delve into correlated issues revolving around media violence and actual violence and aggression. Although some studies may show no effect, it is a causational failure rather than correlational failure found between childhood aggression and video game violence. Therefore, the argument is strong to suggest that a correlation between video game violence and child aggression does exist, and that further studies on this topic of interest are warranted.
Discussion
Violence is a concerning issue in our culture and continues to affect how we live. Not only does violence exist in everyday life, but alarmingly violence has become an accepted, even preferred method of entertainment. Video games in particular are raging with violent images that beckon the user to participate rather than simply watch (Anderson, et al., 2001). Trying to find a correlation between violent video games and aggression may uncover disconcerting findings. While video games are enjoyed by players of all ages, it is significant to focus on a select group. The health and safety of children may be at risk if aggression becomes dominant. Furthermore, a child succumbing to aggression poses a concern for society.
Aggression is a complex issue because it can be approached as biological, psychological, or culturally induced (Farrell, 2002). Although a research study concentrating on the correlation between stimulating violent video games and aggression would fall easily into the cultural aspect of this phenomenon, there are also biological and psychological reactions when aggression abounds. Therefore, a good research study will delve into aggression comprehensively and include all aspects of aggression and all possible variables. When considering aggression, the researcher should have an understanding of theoretical approaches to aggression as well as the factors that can be considered stimulants or antagonists of this behavior.
With a focus on children, the study should take on the perspectives of the parents or caregivers as well as the child. This is highly important because children are in the care of adults and if negative effects occur, there is a high probability of correcting the problem if the adult is enlightened by the new information. Additionally, statistics of video game play should be pursued in this research, including previous studies comprised of this research topic to enhance the findings.
Studies in this field of interest should be qualitative due to the observation that must take place. Children playing the violent video games need to be observed. However, it should be expected that direct aggression may not be witnessed during the study, and aggression cannot be ruled out if this is the case due to the biological and psychological elements of this behavior. Therefore, further studies on this topic may find it appropriate to complete the research with quantitative methods such as surveys that assess the attitudes and perceptions of the children after playing violent video games.
Conclusion
A desire for understanding human behavior is a defining interest in our culture and will most likely never cease. This is a fascinating area of study that is expansive with endless possible discoveries to be made. These discoveries can only help perpetuate understanding and change for a better way of life for children and society. Issues such as video game violence are easily overlooked because of the vast acceptance and enjoyment that seems to result from the introduction of such media. With the incredible advancements of technology and a modernized approach to the world we live in continuously changing the way we perceive reality, it is necessary to continue to explore human behavior as it relates to our fluctuating environment. Aggression is a behavior that can be internally formulated or engaged through outside influence. Therefore, it is a relevant area of study that can produce interesting results when coupled with another variable.
It is accepted and encouraged in our culture to protect children from violence. Yet, there are available resources to children that we allow in which can gradually become more detrimental to our children’s health and wellbeing than parents would normally choose to accept. Video games are an acceptable form of entertainment for most children and parents. However, video games increasingly include violence. Furthermore, the interactive aspect of video game play makes violence in video games more dangerous than television or other forms of media that simply display images for viewing. Studies done on this issue have proven to be imperative to help perpetuate an understanding of the negative effects of video game violence on children and hopefully inspire more in-depth studies to continue so that this issue can be addressed in a cultural manner.
References
Anderson, C., & Bushman, B. (2001). Effects of violent video games on aggressive behavior, aggressive cognition, aggressive affect, physiological arousal, and prosocial behavior. Psychological Science, 12(5), Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2000-2004/01ab.pdf.
Anderson, C., Ihori, N., Shibuya, A., Swing, E., & Bushman, B. (2001). Violent video game effects on aggression, empathy, and prosocial behavior in eastern and western countries: a meta-analytic review. American Psychological Association. Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2010-2014/10ASISBSRS.pdf.
Department of Family and Consumer Studies. (2010). Anger and aggression in young children causes. Retrieved from http://citationmachine.net/index2.php?reqstyleid=2&mode=form&reqsrcid=APAWebPa ge&more=yes&nameCnt=1.
Farrell, A. (2002). Aggression: biological, psychological, and cultural explanations. Retrieved from http://serendip.brynmawr.edu/bb/neuro/neuro02/web2/afarrell.html.
Hunt, S. (2010). Violent video games do not cause youth aggression. The Blue Banner, Retrieved from http://www.thebluebanner.net/violent-video-games-do-not-cause-youth- aggression-1.1291077.
Michigan State University (2005). Violent Video Games Lead To Brain Activity. Retrieved from http://www.sciencedaily.com/releases/2005/10/051012082710.htm.
Siegle, D. (1998). Purposive sampling. Retrieved from http://www.gifted.uconn.edu/siegle/research/Samples/purposivesampling.htm.
Smith, A. (2008). Theories of aggression. Retrieved from http://serendip.brynmawr.edu/exchange/node/1809.
Psychological Science, 12(5), Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2000-2004/01ab.pdf.
Tuesday, April 19, 2011
Thursday, February 10, 2011
Shared Environment ©
The search to explain criminal behavior is an ongoing focus in psychological studies. Identifying contributing factors of criminal behavior help to determine how and why a tendency to act criminally may occur in some individuals. The issue of nature vs. nurture has been a prominent issue in psychology and the attempt to uncover the causation of criminal behavior. While nature describes heredity as being an influence to behavior, nurture describes the environment as having a prominent role in psychological behavior (Guirguis, 2004).
One method of probing the issue of nature vs. nurture is by studying the phenomenon of criminal behavior through twin studies, in which researchers discern between genetic and environmental factors (Bartol & Bartol, 2008). A shared environment is an environment shared by the twins in which experiences and upbringing are similar (Bartol & Bartol, 2008). This is an important aspect of genetic research on crime because it incorporates the environment with what may be considered predetermining factors. Therefore, the environment cannot be entirely ruled out of observed behavior. A shared environment can also help distinguish what factors of behavior are more influential by environment and which are more genetically driven. One particular twin study revealed that non-aggressive behavior was significantly affected by the shared environment of the participants, whereas aggressive behavior seemed to be influenced more by genetics (Ishikawa & Raine, 2002).
A shared environment will most likely be responsible for resemblances between family members, whereas a nonshared environment may be comprised of factors that help explain differences between family members (Newell, 1999). Many studies have shown that the influence of a shared environment had more significance on behavior before the age of fifteen while genetic factors showed more relevance after the age of fifteen (Newell, 1999). According to Newell, “research on juvenile delinquency by McGuffin and Gottesman (1985), yielded concordance rated of 87 percent for identical twins and 72 percent for fraternal twins, suggesting only a modest genetic component while implicating a large influence of shared environment for these age groups” (Newell, 2008, p. 23). The persuasive findings of this study show the implications of a child’s upbringing and home environment and how these facets of childhood have a strong impact on behavior. It may also show that genetically influenced behavior has more potential of being modified than the deep-rooted environmental imprint on an individual. This would support the importance of a shared environment in terms of genetic research on crime.
References
Bartol, C., & Bartol, A. (2008). Criminal behavior: a psychological approach (eighth edition). Upper Saddle River, NJ: Pearson/ Prentice Hall.
Guirguis, S. (2004). Nature vs. nurture. Retrieved from http://www.nuc.berkeley.edu/courses/classes/NE-
24%20Olander/Equalitarinism_vs_Hereditarinism.htm.
Ishikawa, S., & Raine, A. (2002). Behavioral genetics and crime. Retrieved from http://www- bcf.usc.edu/~raine/Behavioral.Genetics.Crime.pdf.
Newell, C. (1999). Genetic influence on impulse and aggression related crime: a historical
review of
related research data and field research project. Retrieved from http://opensiuc.lib.siu.edu/cgi/viewcontent.cgi?article=1140&context=uhp_theses.
One method of probing the issue of nature vs. nurture is by studying the phenomenon of criminal behavior through twin studies, in which researchers discern between genetic and environmental factors (Bartol & Bartol, 2008). A shared environment is an environment shared by the twins in which experiences and upbringing are similar (Bartol & Bartol, 2008). This is an important aspect of genetic research on crime because it incorporates the environment with what may be considered predetermining factors. Therefore, the environment cannot be entirely ruled out of observed behavior. A shared environment can also help distinguish what factors of behavior are more influential by environment and which are more genetically driven. One particular twin study revealed that non-aggressive behavior was significantly affected by the shared environment of the participants, whereas aggressive behavior seemed to be influenced more by genetics (Ishikawa & Raine, 2002).
A shared environment will most likely be responsible for resemblances between family members, whereas a nonshared environment may be comprised of factors that help explain differences between family members (Newell, 1999). Many studies have shown that the influence of a shared environment had more significance on behavior before the age of fifteen while genetic factors showed more relevance after the age of fifteen (Newell, 1999). According to Newell, “research on juvenile delinquency by McGuffin and Gottesman (1985), yielded concordance rated of 87 percent for identical twins and 72 percent for fraternal twins, suggesting only a modest genetic component while implicating a large influence of shared environment for these age groups” (Newell, 2008, p. 23). The persuasive findings of this study show the implications of a child’s upbringing and home environment and how these facets of childhood have a strong impact on behavior. It may also show that genetically influenced behavior has more potential of being modified than the deep-rooted environmental imprint on an individual. This would support the importance of a shared environment in terms of genetic research on crime.
References
Bartol, C., & Bartol, A. (2008). Criminal behavior: a psychological approach (eighth edition). Upper Saddle River, NJ: Pearson/ Prentice Hall.
Guirguis, S. (2004). Nature vs. nurture. Retrieved from http://www.nuc.berkeley.edu/courses/classes/NE-
24%20Olander/Equalitarinism_vs_Hereditarinism.htm.
Ishikawa, S., & Raine, A. (2002). Behavioral genetics and crime. Retrieved from http://www- bcf.usc.edu/~raine/Behavioral.Genetics.Crime.pdf.
Newell, C. (1999). Genetic influence on impulse and aggression related crime: a historical
review of
related research data and field research project. Retrieved from http://opensiuc.lib.siu.edu/cgi/viewcontent.cgi?article=1140&context=uhp_theses.
Monday, January 31, 2011
Stages of my Research Project (thesis) for my Psychology degree ©
*** As always, please disregard the formatting *** Introduction: So, I am basically conducting a "mock" research study with a qualitative and quantitative (mixed method) approach. I have to prepare a proposal, and set up the project and ultimately conduct this "mock" study to be published. This is all for my Applied Project course to complete the fruition of my BA in Psychology as a thesis project. This post is broken up into stages 1-4 of the project thus far.
STAGE 1
Video Game Violence and Child Aggression
My focus was primarily on psychological studies and I read through different journals to try and discover a topic of research that would interest me. I decided that I would want to focus on children within the psychological spectrum of research. After coming across several articles on child aggression and correlations with this behavior, I decided to research video game violence and child aggression. I found several pertinent studies that would help me formulate my focus on this topic.
Aggressive behavior in children is a concern for many parents. Aggression usually builds and becomes more of an aggravating circumstance and can be fueled by anger, fear, low self-esteem, anxiety from a lack of control and a combination of these factors (Department of Family and Consumer Studies, 2010). Aggression is a serious matter because of the problematic emotional development that can occur with a child displaying consistent aggressive tendencies. Furthermore, that child will continue to cope with situations in an aggressive manner if not addressed properly. The reactions others may have to aggression may be fear, avoidance, or submission to the behavior, enabling the child with aggression to have control, and this can possibly encourage the aggressive behavior to continue.
It is imperative to reinforce positive behavior through teaching a better way for children to express themselves. To understand why aggression is an issue, caregivers must try and discern the causes of the aggressive behavior (Department of Family and Consumer Studies, 2010). Emotions, tiredness, and other internal mechanisms may be a factor. However, there are environmental factors and other elements that can be considered to be a stimulant to aggression. Studies on aggression have become more extensive and research has suggested different approaches to the onset of aggression. One of the well-received approaches to aggression is the social learning theory in which aggression is learned initially through social interaction and is maintained by other conditions (Smith, 2008). With this theory of aggression, operant conditioning is also a factor. This theory would support the hypotheses that violent video games promote aggressive behavior through rewarding the violent activity with coins and other incentives related to the game.
Violence is rampant in our culture and steadily rising. Technology is growing rapidly as well. Entertainment is also on a steady rise, and various forms of entertainment are now related to technology in vast ways, and seemingly following the wave of growth in violence. One of the most popular forms of entertainment, fueled by advanced technology, is video games. This industry is embracing the depiction of violent images for sale growth more so than previous decades. Video games are a popular form of entertainment because of the player’s ability to manipulate the sequences of events. However, with video games rated for maturity rising in development and sales, entertainment containing violence has been raised to a new level. René Weber, an assistant professor at Michigan State University and the conductor of a research study on this issue stated, “m-rated games contain concerning violence: that is, realistic, rewarded and justified violent activities of attractive perpetrators in real-life settings” (Michigan State University, 2005, p. 1). Weber conducted a functional magnetic resonance imaging study on 13 male research participants to prove a correlation between aggressiveness and violent video games (Michigan State University, 2005). Brain activity of the participants were recorded and analyzed as the participants played violent video games. This study showed a link between the characteristic regions of interest in the brain that shows aggressiveness and the participants playing the violent games (Michigan State University, 2005). According to Weber, “there is a neurological link and there is a short-term causal relationship” (Michigan State University, 2005). This discovery justifies further research into the phenomenon of aggression and how it may be enhanced through violent interactive play, especially when considering young children.
Perspectives
A desire for understanding human behavior is a defining interest in our culture and will most likely never cease. This is a fascinating area of study that expansive with endless possible discoveries to be made. With the incredible advancements of technology and a modernized approach to the world we live in continuously changing the way we perceive reality, it is necessary to continue to explore human behavior as it relates to our fluctuating environment. Aggression is a behavior that can be internally formulated or engaged through outside influence. Therefore, it is a relevant area of study that can produce interesting results when coupled with another variable.
Violence is a concerning issue in our culture and continues to affect how we live. Not only does violence exist in everyday life, but alarmingly violence has become an accepted, even preferred method of entertainment. Video games in particular are raging with violent images that beckon the user to participate rather than simply watch (Anderson, et al., 2001). Trying to find a correlation between violent video games and aggression may uncover disconcerting findings. While video games are enjoyed by players of all ages, it is significant to focus on a select group. The health and safety of children may be at risk if aggression becomes dominant. Furthermore, a child succumbing to aggression poses a concern for society. Focusing on children of a certain age would be a suitable target for this research study.
Aggression is a complex issue because it can be approached as biological, psychological, or culturally induced (Farrell, 2002). Although a research study concentrating on the correlation between stimulating violent video games and aggression would fall easily into the cultural aspect of this phenomenon, there are also biological and psychological reactions when aggression abounds. Therefore, a good research study will delve into aggression comprehensively and include all aspects of aggression and all possible variables. When considering aggression, the researcher should have an understanding of theoretical approaches to aggression as well as the factors that can be considered stimulants or antagonists of this behavior.
With a focus on children, the study should take on the perspectives of the parents or caregivers as well as the child. This is highly important because children are in the care of adults and if negative effects occur, there is a high probability of correcting the problem if the adult is enlightened by the new information. Additionally, statistics of video game play should be pursued in this research, including previous studies comprised of this research topic to enhance the findings.
This study should be qualitative due to the observation that must take place. However, it should be expected that direct aggression may not be witnessed during the study, and aggression cannot be ruled out if this is the case due to the biological and psychological elements of this behavior. Therefore, it is appropriate to complete the research with quantitative methods such as surveys that assess the attitudes and perceptions of the children after playing violent video games.
References
Anderson, C., Ihori, N., Shibuya, A., Swing, E., & Bushman, B. (2001). Violent video game effects on aggression, empathy, and prosocial behavior in eastern and western countries: a meta-analytic review. American Psychological Association. Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2010-2014/10ASISBSRS.pdf.
Department of Family and Consumer Studies. (2010). Anger and aggression in young children causes. Retrieved from http://citationmachine.net/index2.php?reqstyleid=2&mode=form&reqsrcid=APAWebPa ge&more=yes&nameCnt=1.
Farrell, A. (2002). Aggression: biological, psychological, and cultural explanations. Retrieved from http://serendip.brynmawr.edu/bb/neuro/neuro02/web2/afarrell.html.
Michigan State University (2005). Violent Video Games Lead To Brain Activity. Retrieved from http://www.sciencedaily.com/releases/2005/10/051012082710.htm.
Smith, A. (2008). Theories of aggression. Retrieved from http://serendip.brynmawr.edu/exchange/node/1809.
STAGE 2
Video Game Violence and Child Aggression
Child aggression is a topic of interest for any parent and for society as a whole. Aggression can create a multitude of problems for children including advanced anger issues, violence, and depression. Additionally, video games are a top form of entertainment for children and the use and development of video games is steadily growing. According to Anderson and Bushman, “about 10% of children aged 2 to 18 play console and computer video games more than 1 hour per day (Anderson & Bushman, 2001, p. 353)”. Because violence is prominent in video games, it is important to study the correlation between video game violence and child aggression.
A viable research question should appropriately relay the issue being studied as well as the intent of the research (Brenner, 1997). There should be identifiable variables within the research question that outlines what is being addressed (Trochim & Donnelly, 2008). Moreover, it is important for a research question to identify whether it is qualitative or quantitative in nature (Brenner, 1997).
Qualitative Research Question
A qualitative research question regarding video game violence and child aggression will state, “What is the effect of violent video games on child aggression within hours after playing?” This research question discusses the independent variable of violent video games with the dependent variable of child aggression. Although video game violence may have a lasting impact on the child by influencing that child on how to handle situations in the future, it would be difficult to address future aggression and connect this aggression to video game play. Therefore, this research question gives a more narrow emphasis by directly focusing on a time frame of hours in which to measure the aggression rather than a general perspective of aggression that might be apparent days after the game.
Quantitative Research Question
A quantitative research question regarding video game violence and child aggression will state, “How much more do children playing violent video games have aggressive feelings within hours after playing than children playing non-violent video games?” This quantitative research question focuses on comparing the two participant groups of the study. One group would be children playing violent video games and the second group would be children playing non-violent video games. This research question also aims to identify the correlation between the independent variable of video games and the dependent variable of aggressive feelings. Unlike the qualitative research question that would directly observe aggression in the children playing video games, this quantitative approach would directly focus on the feelings of the participants and measure these aggressive feelings for a comparative study. This would be done through survey questionnaires of the children in both participant groups directly after playing video games. The survey questionnaires would ask the children to identify their aggressive feelings on a scale to measure the degrees of aggressive feelings that may or may not be present and this would be measured in both participant groups.
It is important to study the correlation between child aggression and violent video games to understand the direct effects certain variables can have on children and the way they behave. A viable research question is necessary to ensure the study is relevant and understandable. By utilizing a useable research question in a qualitative or quantitative manner, the study will have a good foundation for discovery to begin.
References
Anderson, C., & Bushman, B. (2001). Effects of violent video games on aggressive behavior, aggressive cognition, aggressive affect, physiological arousal, and prosocial behavior. Psychological Science, 12(5), Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2000-2004/01ab.pdf.
Brenner, E. (1997). Developing a "research question". Retrieved from http://www.smccd.edu/accounts/brenner/lsci105/rsrchqus.html.
Trochim, W., & Donnelly, J. (2008). The research methods knowledge base (third edition). Mason, OH: Cengage Learning.
STAGE 3
Video Game Violence and Child Aggression
For the topic of child aggression, a research focus is necessary to understand the phenomena being addressed. For a focus to be considerable, a viable research question with identifiable variables needs to be constructed in addition to having an appropriate sampling method for a qualitative study on video game violence and child aggression.
A research question must address the issue being studied and the direction of the study, along with the variables involved (Marion, 2004). In this particular study regarding video game violence and its effect on child aggression, a qualitative research question should be assembled to show a perceived correlation between video game violence and child aggression (Trochim & Donnelly, 2008). The intended outcome is to prove the phenomena that participation in violent gameplay will initiate aggressive behaviors and feelings within the player, thus perpetuating possible violence in reality. The research question to be used in this study is, “what is the effect of violent video games on child aggression within hours playing?” The variables essentially power the study and a correlation must be distinguishable between the independent and dependent variables (Price, 2000). This research question discusses the independent variable of violent video games and aims to discover if this independent variable will cause the dependent variable of child aggression to ensue. The timing of the research study will also be an important variable that allows for the study to be narrowed to an immediate observation of aggression or non-aggression as opposed to a longer timeline of observation.
Sampling
This study aims to be qualitative and will have a purposeful sampling method imposed. Purposeful sampling targets subjects that have certain characteristics (Siegle, 1998). The characteristics that are needed for this sampling are children of a specific age group that regularly play video games for recreation. This study will ideally include twenty third grade students and separate these students into two sampling groups. The two groups of participants will be randomly selected to include ten students in each group. One group will consist of ten students who will play a non-violent video game for one hour. The second group will consist of the remaining ten students who will play a violent video game for one hour. Due to this study focusing on individual perceptions of violence and individual reactions or behaviors associated with the participation of the video game, the students in each group will play the video games individually rather than collectively. This will eliminate the possible variable of group influence that may explain why each student shows or does not show aggression based on learned behavior of others. The specific type of purposeful sampling will be homogenous because of the basic similarities chosen within the groups and the need to simplify the analysis to focus specifically on the independent and dependent variables (Siegle, 1998).
With a viable research question imposed that correlates the independent variable of violent video games with the dependent variable of child aggression, the phenomena of this possible correlation can be addressed and explained through qualitative means. A purposeful sampling of children will sufficiently provide an opportunity to examine the differences between non-violent video gameplay and violent video gameplay to prove or disprove the expected outcome.
References
Marion, R. (2004). Developing research questions. Retrieved from http://www.sahs.utmb.edu/pellinore/intro_to_research/wad/res_ques.htm.
Price, I. (2000). Variables. Retrieved from http://www.une.edu.au/WebStat/unit_materials/c1_behavioural_science_research/vari ables.html.
Siegle, D. (1998). Purposive sampling. Retrieved from http://www.gifted.uconn.edu/siegle/research/Samples/purposivesampling.htm.
Trochim, W., & Donnelly, J. (2008). The research methods knowledge base (third edition). Mason, OH: Cengage Learning.
STAGE 4
Video Game Violence and Child Aggression
It is important for any research proposal to entail the exact concepts to be measured. This includes the data to be collected and how it will be assessed. In regards to the topic of child aggression and how it may be directly related to video game violence, the concepts to be measured must be suitable for a mixed method study and should additionally outline the ways in which these concepts can be analyzed.
Measurable Concepts
Child aggression can be witnessed or assessed through the subject’s perceptions and documented feelings. Therefore, this study leans toward the qualitative side with the addition of quantitative data being analyzed. For this study, the concepts that need to be measured are the degrees of noticeable aggression in the child playing the video games, the survey depictions of the feelings and personal perceptions of aggressive tendencies, and the degree of violence in the video games. These concepts are imperative to the study, as they outline the research question and the reason for the study being conducted.
In order for the concepts to be introduced and acceptable to the research proposal, validity is a factor that must be considered. According to Nahid Golafshani, validity can be described as a determination as to “whether the research truly measures that which it was intended to measure or how truthful the research results are” (Golafshani, 2003, p. 3). This statement elicits the ideal that the research instrument correctly targets the intent of the research question. For this particular study, in order to discover the effect of aggression based on violent video game interaction, the concepts of the video game violence in addition to the degrees of aggression being displayed are key concepts to be measured. The next step is to evaluate how these concepts will be measured in a mixed method fashion that meets the needs of the study.
Types of Analysis
The concepts of a study are important and the ways in which these concepts are measured and analyzed are just as significant to the outcome and cogency of the research. Focus groups would be utilized in this study to focus on a specific age group interested in video games (Trochim & Donnelly, 2008). Furthermore, the groups will consist of around ten participants per group. The participants will be selected from the same school, based on pre-interview surveys made up of questions to determine the time spent recreationally playing video games. It is important to note that the degree of violence in video games being utilized for the study will be dependent on the rating of the video game only, based on the Entertainment Software Rating Board. Informed consent forms for the students and parents will be drawn and will outline the study to occur, the video games to be played, and the expected outcome of a correlation between video game violence and child aggression. Furthermore, the parents of the study will be given literature of previous studies on the issue of video game violence that will be used in this study for analytical purposes to inform the parents of the possible effects of video game violence before consenting to the study.
Once conducted, the observations of this study will be recorded through videotaping and transcripts. Other important data will be the quantitative surveys that are given to the participants. The data from these surveys will be measured statistically for quantitative analysis with semi-structured interviews being conducted of the participants for qualitative input (Trochim & Donnelly, 2008). The data will be analyzed both empirically as an indirect measure and with quantitative descriptive analysis of the surveys conducted on the participants (Trochim & Donnelly, 2008). This combination of analytical techniques will fulfill the necessary components of the mixed method approach to this study. Additionally, the analytic induction method will be utilized to justify the qualitative aspect of the study. This is one of the simplest and most thorough methods of conducting a research analysis (Ratcliff, 1999). This method of analysis allows the researcher to look at the event and develop a hypothesis of what has occurred based on objective observation (Ratcliff, 1999). To add to the quantitative aspect of this study, asymmetric measures of association will be used to determine the relation between the independent variable of violent video games and the dependent variable of child aggression (Grosshans, 1992).
The ways in which to measure the concepts of this study must be approached with a qualitative standpoint in mind coupled with an approach to include quantitative data analysis. With the proper concepts in place to measure and the correct analytical tools put in place to bring the concepts and correlations to full fruition, a proper mixed method study on the effects of video game violence on child aggression can commence.
References
Golafshani, N. (2003). Understanding reliability and validity in qualitative research. The Qualitative Report, 8 (4), Retrieved from http://www.learningdomain.com/MEdHOME/QUALITATIVE/Reliab.VALIDITY.pdf.
Grosshans, W. (1992). Quantitative data analysis: an introduction. Retrieved from http://www.gao.gov/special.pubs/pe10111.pdf.
Ratcliff, D. (1999). 15 methods of data analysis in qualitative research. Retrieved from http://qualitativeresearch.ratcliffs.net/15methods.pdf.
Trochim, W., & Donnelly, J. (2008). The research methods knowledge base. Mason, Ohio: Cengage Learning.
STAGE 1
Video Game Violence and Child Aggression
My focus was primarily on psychological studies and I read through different journals to try and discover a topic of research that would interest me. I decided that I would want to focus on children within the psychological spectrum of research. After coming across several articles on child aggression and correlations with this behavior, I decided to research video game violence and child aggression. I found several pertinent studies that would help me formulate my focus on this topic.
Aggressive behavior in children is a concern for many parents. Aggression usually builds and becomes more of an aggravating circumstance and can be fueled by anger, fear, low self-esteem, anxiety from a lack of control and a combination of these factors (Department of Family and Consumer Studies, 2010). Aggression is a serious matter because of the problematic emotional development that can occur with a child displaying consistent aggressive tendencies. Furthermore, that child will continue to cope with situations in an aggressive manner if not addressed properly. The reactions others may have to aggression may be fear, avoidance, or submission to the behavior, enabling the child with aggression to have control, and this can possibly encourage the aggressive behavior to continue.
It is imperative to reinforce positive behavior through teaching a better way for children to express themselves. To understand why aggression is an issue, caregivers must try and discern the causes of the aggressive behavior (Department of Family and Consumer Studies, 2010). Emotions, tiredness, and other internal mechanisms may be a factor. However, there are environmental factors and other elements that can be considered to be a stimulant to aggression. Studies on aggression have become more extensive and research has suggested different approaches to the onset of aggression. One of the well-received approaches to aggression is the social learning theory in which aggression is learned initially through social interaction and is maintained by other conditions (Smith, 2008). With this theory of aggression, operant conditioning is also a factor. This theory would support the hypotheses that violent video games promote aggressive behavior through rewarding the violent activity with coins and other incentives related to the game.
Violence is rampant in our culture and steadily rising. Technology is growing rapidly as well. Entertainment is also on a steady rise, and various forms of entertainment are now related to technology in vast ways, and seemingly following the wave of growth in violence. One of the most popular forms of entertainment, fueled by advanced technology, is video games. This industry is embracing the depiction of violent images for sale growth more so than previous decades. Video games are a popular form of entertainment because of the player’s ability to manipulate the sequences of events. However, with video games rated for maturity rising in development and sales, entertainment containing violence has been raised to a new level. René Weber, an assistant professor at Michigan State University and the conductor of a research study on this issue stated, “m-rated games contain concerning violence: that is, realistic, rewarded and justified violent activities of attractive perpetrators in real-life settings” (Michigan State University, 2005, p. 1). Weber conducted a functional magnetic resonance imaging study on 13 male research participants to prove a correlation between aggressiveness and violent video games (Michigan State University, 2005). Brain activity of the participants were recorded and analyzed as the participants played violent video games. This study showed a link between the characteristic regions of interest in the brain that shows aggressiveness and the participants playing the violent games (Michigan State University, 2005). According to Weber, “there is a neurological link and there is a short-term causal relationship” (Michigan State University, 2005). This discovery justifies further research into the phenomenon of aggression and how it may be enhanced through violent interactive play, especially when considering young children.
Perspectives
A desire for understanding human behavior is a defining interest in our culture and will most likely never cease. This is a fascinating area of study that expansive with endless possible discoveries to be made. With the incredible advancements of technology and a modernized approach to the world we live in continuously changing the way we perceive reality, it is necessary to continue to explore human behavior as it relates to our fluctuating environment. Aggression is a behavior that can be internally formulated or engaged through outside influence. Therefore, it is a relevant area of study that can produce interesting results when coupled with another variable.
Violence is a concerning issue in our culture and continues to affect how we live. Not only does violence exist in everyday life, but alarmingly violence has become an accepted, even preferred method of entertainment. Video games in particular are raging with violent images that beckon the user to participate rather than simply watch (Anderson, et al., 2001). Trying to find a correlation between violent video games and aggression may uncover disconcerting findings. While video games are enjoyed by players of all ages, it is significant to focus on a select group. The health and safety of children may be at risk if aggression becomes dominant. Furthermore, a child succumbing to aggression poses a concern for society. Focusing on children of a certain age would be a suitable target for this research study.
Aggression is a complex issue because it can be approached as biological, psychological, or culturally induced (Farrell, 2002). Although a research study concentrating on the correlation between stimulating violent video games and aggression would fall easily into the cultural aspect of this phenomenon, there are also biological and psychological reactions when aggression abounds. Therefore, a good research study will delve into aggression comprehensively and include all aspects of aggression and all possible variables. When considering aggression, the researcher should have an understanding of theoretical approaches to aggression as well as the factors that can be considered stimulants or antagonists of this behavior.
With a focus on children, the study should take on the perspectives of the parents or caregivers as well as the child. This is highly important because children are in the care of adults and if negative effects occur, there is a high probability of correcting the problem if the adult is enlightened by the new information. Additionally, statistics of video game play should be pursued in this research, including previous studies comprised of this research topic to enhance the findings.
This study should be qualitative due to the observation that must take place. However, it should be expected that direct aggression may not be witnessed during the study, and aggression cannot be ruled out if this is the case due to the biological and psychological elements of this behavior. Therefore, it is appropriate to complete the research with quantitative methods such as surveys that assess the attitudes and perceptions of the children after playing violent video games.
References
Anderson, C., Ihori, N., Shibuya, A., Swing, E., & Bushman, B. (2001). Violent video game effects on aggression, empathy, and prosocial behavior in eastern and western countries: a meta-analytic review. American Psychological Association. Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2010-2014/10ASISBSRS.pdf.
Department of Family and Consumer Studies. (2010). Anger and aggression in young children causes. Retrieved from http://citationmachine.net/index2.php?reqstyleid=2&mode=form&reqsrcid=APAWebPa ge&more=yes&nameCnt=1.
Farrell, A. (2002). Aggression: biological, psychological, and cultural explanations. Retrieved from http://serendip.brynmawr.edu/bb/neuro/neuro02/web2/afarrell.html.
Michigan State University (2005). Violent Video Games Lead To Brain Activity. Retrieved from http://www.sciencedaily.com/releases/2005/10/051012082710.htm.
Smith, A. (2008). Theories of aggression. Retrieved from http://serendip.brynmawr.edu/exchange/node/1809.
STAGE 2
Video Game Violence and Child Aggression
Child aggression is a topic of interest for any parent and for society as a whole. Aggression can create a multitude of problems for children including advanced anger issues, violence, and depression. Additionally, video games are a top form of entertainment for children and the use and development of video games is steadily growing. According to Anderson and Bushman, “about 10% of children aged 2 to 18 play console and computer video games more than 1 hour per day (Anderson & Bushman, 2001, p. 353)”. Because violence is prominent in video games, it is important to study the correlation between video game violence and child aggression.
A viable research question should appropriately relay the issue being studied as well as the intent of the research (Brenner, 1997). There should be identifiable variables within the research question that outlines what is being addressed (Trochim & Donnelly, 2008). Moreover, it is important for a research question to identify whether it is qualitative or quantitative in nature (Brenner, 1997).
Qualitative Research Question
A qualitative research question regarding video game violence and child aggression will state, “What is the effect of violent video games on child aggression within hours after playing?” This research question discusses the independent variable of violent video games with the dependent variable of child aggression. Although video game violence may have a lasting impact on the child by influencing that child on how to handle situations in the future, it would be difficult to address future aggression and connect this aggression to video game play. Therefore, this research question gives a more narrow emphasis by directly focusing on a time frame of hours in which to measure the aggression rather than a general perspective of aggression that might be apparent days after the game.
Quantitative Research Question
A quantitative research question regarding video game violence and child aggression will state, “How much more do children playing violent video games have aggressive feelings within hours after playing than children playing non-violent video games?” This quantitative research question focuses on comparing the two participant groups of the study. One group would be children playing violent video games and the second group would be children playing non-violent video games. This research question also aims to identify the correlation between the independent variable of video games and the dependent variable of aggressive feelings. Unlike the qualitative research question that would directly observe aggression in the children playing video games, this quantitative approach would directly focus on the feelings of the participants and measure these aggressive feelings for a comparative study. This would be done through survey questionnaires of the children in both participant groups directly after playing video games. The survey questionnaires would ask the children to identify their aggressive feelings on a scale to measure the degrees of aggressive feelings that may or may not be present and this would be measured in both participant groups.
It is important to study the correlation between child aggression and violent video games to understand the direct effects certain variables can have on children and the way they behave. A viable research question is necessary to ensure the study is relevant and understandable. By utilizing a useable research question in a qualitative or quantitative manner, the study will have a good foundation for discovery to begin.
References
Anderson, C., & Bushman, B. (2001). Effects of violent video games on aggressive behavior, aggressive cognition, aggressive affect, physiological arousal, and prosocial behavior. Psychological Science, 12(5), Retrieved from http://www.psychology.iastate.edu/faculty/caa/abstracts/2000-2004/01ab.pdf.
Brenner, E. (1997). Developing a "research question". Retrieved from http://www.smccd.edu/accounts/brenner/lsci105/rsrchqus.html.
Trochim, W., & Donnelly, J. (2008). The research methods knowledge base (third edition). Mason, OH: Cengage Learning.
STAGE 3
Video Game Violence and Child Aggression
For the topic of child aggression, a research focus is necessary to understand the phenomena being addressed. For a focus to be considerable, a viable research question with identifiable variables needs to be constructed in addition to having an appropriate sampling method for a qualitative study on video game violence and child aggression.
A research question must address the issue being studied and the direction of the study, along with the variables involved (Marion, 2004). In this particular study regarding video game violence and its effect on child aggression, a qualitative research question should be assembled to show a perceived correlation between video game violence and child aggression (Trochim & Donnelly, 2008). The intended outcome is to prove the phenomena that participation in violent gameplay will initiate aggressive behaviors and feelings within the player, thus perpetuating possible violence in reality. The research question to be used in this study is, “what is the effect of violent video games on child aggression within hours playing?” The variables essentially power the study and a correlation must be distinguishable between the independent and dependent variables (Price, 2000). This research question discusses the independent variable of violent video games and aims to discover if this independent variable will cause the dependent variable of child aggression to ensue. The timing of the research study will also be an important variable that allows for the study to be narrowed to an immediate observation of aggression or non-aggression as opposed to a longer timeline of observation.
Sampling
This study aims to be qualitative and will have a purposeful sampling method imposed. Purposeful sampling targets subjects that have certain characteristics (Siegle, 1998). The characteristics that are needed for this sampling are children of a specific age group that regularly play video games for recreation. This study will ideally include twenty third grade students and separate these students into two sampling groups. The two groups of participants will be randomly selected to include ten students in each group. One group will consist of ten students who will play a non-violent video game for one hour. The second group will consist of the remaining ten students who will play a violent video game for one hour. Due to this study focusing on individual perceptions of violence and individual reactions or behaviors associated with the participation of the video game, the students in each group will play the video games individually rather than collectively. This will eliminate the possible variable of group influence that may explain why each student shows or does not show aggression based on learned behavior of others. The specific type of purposeful sampling will be homogenous because of the basic similarities chosen within the groups and the need to simplify the analysis to focus specifically on the independent and dependent variables (Siegle, 1998).
With a viable research question imposed that correlates the independent variable of violent video games with the dependent variable of child aggression, the phenomena of this possible correlation can be addressed and explained through qualitative means. A purposeful sampling of children will sufficiently provide an opportunity to examine the differences between non-violent video gameplay and violent video gameplay to prove or disprove the expected outcome.
References
Marion, R. (2004). Developing research questions. Retrieved from http://www.sahs.utmb.edu/pellinore/intro_to_research/wad/res_ques.htm.
Price, I. (2000). Variables. Retrieved from http://www.une.edu.au/WebStat/unit_materials/c1_behavioural_science_research/vari ables.html.
Siegle, D. (1998). Purposive sampling. Retrieved from http://www.gifted.uconn.edu/siegle/research/Samples/purposivesampling.htm.
Trochim, W., & Donnelly, J. (2008). The research methods knowledge base (third edition). Mason, OH: Cengage Learning.
STAGE 4
Video Game Violence and Child Aggression
It is important for any research proposal to entail the exact concepts to be measured. This includes the data to be collected and how it will be assessed. In regards to the topic of child aggression and how it may be directly related to video game violence, the concepts to be measured must be suitable for a mixed method study and should additionally outline the ways in which these concepts can be analyzed.
Measurable Concepts
Child aggression can be witnessed or assessed through the subject’s perceptions and documented feelings. Therefore, this study leans toward the qualitative side with the addition of quantitative data being analyzed. For this study, the concepts that need to be measured are the degrees of noticeable aggression in the child playing the video games, the survey depictions of the feelings and personal perceptions of aggressive tendencies, and the degree of violence in the video games. These concepts are imperative to the study, as they outline the research question and the reason for the study being conducted.
In order for the concepts to be introduced and acceptable to the research proposal, validity is a factor that must be considered. According to Nahid Golafshani, validity can be described as a determination as to “whether the research truly measures that which it was intended to measure or how truthful the research results are” (Golafshani, 2003, p. 3). This statement elicits the ideal that the research instrument correctly targets the intent of the research question. For this particular study, in order to discover the effect of aggression based on violent video game interaction, the concepts of the video game violence in addition to the degrees of aggression being displayed are key concepts to be measured. The next step is to evaluate how these concepts will be measured in a mixed method fashion that meets the needs of the study.
Types of Analysis
The concepts of a study are important and the ways in which these concepts are measured and analyzed are just as significant to the outcome and cogency of the research. Focus groups would be utilized in this study to focus on a specific age group interested in video games (Trochim & Donnelly, 2008). Furthermore, the groups will consist of around ten participants per group. The participants will be selected from the same school, based on pre-interview surveys made up of questions to determine the time spent recreationally playing video games. It is important to note that the degree of violence in video games being utilized for the study will be dependent on the rating of the video game only, based on the Entertainment Software Rating Board. Informed consent forms for the students and parents will be drawn and will outline the study to occur, the video games to be played, and the expected outcome of a correlation between video game violence and child aggression. Furthermore, the parents of the study will be given literature of previous studies on the issue of video game violence that will be used in this study for analytical purposes to inform the parents of the possible effects of video game violence before consenting to the study.
Once conducted, the observations of this study will be recorded through videotaping and transcripts. Other important data will be the quantitative surveys that are given to the participants. The data from these surveys will be measured statistically for quantitative analysis with semi-structured interviews being conducted of the participants for qualitative input (Trochim & Donnelly, 2008). The data will be analyzed both empirically as an indirect measure and with quantitative descriptive analysis of the surveys conducted on the participants (Trochim & Donnelly, 2008). This combination of analytical techniques will fulfill the necessary components of the mixed method approach to this study. Additionally, the analytic induction method will be utilized to justify the qualitative aspect of the study. This is one of the simplest and most thorough methods of conducting a research analysis (Ratcliff, 1999). This method of analysis allows the researcher to look at the event and develop a hypothesis of what has occurred based on objective observation (Ratcliff, 1999). To add to the quantitative aspect of this study, asymmetric measures of association will be used to determine the relation between the independent variable of violent video games and the dependent variable of child aggression (Grosshans, 1992).
The ways in which to measure the concepts of this study must be approached with a qualitative standpoint in mind coupled with an approach to include quantitative data analysis. With the proper concepts in place to measure and the correct analytical tools put in place to bring the concepts and correlations to full fruition, a proper mixed method study on the effects of video game violence on child aggression can commence.
References
Golafshani, N. (2003). Understanding reliability and validity in qualitative research. The Qualitative Report, 8 (4), Retrieved from http://www.learningdomain.com/MEdHOME/QUALITATIVE/Reliab.VALIDITY.pdf.
Grosshans, W. (1992). Quantitative data analysis: an introduction. Retrieved from http://www.gao.gov/special.pubs/pe10111.pdf.
Ratcliff, D. (1999). 15 methods of data analysis in qualitative research. Retrieved from http://qualitativeresearch.ratcliffs.net/15methods.pdf.
Trochim, W., & Donnelly, J. (2008). The research methods knowledge base. Mason, Ohio: Cengage Learning.
Monday, December 20, 2010
Preventing Academic Failures in School Systems Today
Preventing Academic Failures in School Systems Today
Jeannette Villatoro
Learning and the Brain BOJ1047A
Cindy Hopper
December 20, 2010
Preventing Academic Failures in School Systems Today
Education is one of the most important aspects of a healthy, productive life. A valuable education promotes personal growth and success. Students must be able to express themselves readily in a learning environment in addition to having positive stimulation encourage the motivation that is necessary for a good education to commence. However, the school systems today are failing and the students are failing along with it. In order to elicit improvement in the school systems and prevent academic failures in school systems today, brain-based learning must be implemented to uphold an innovative curriculum, incorporate impactful instruction, induce a favorable environment for students, and create more effective assessments to measure these mechanisms within the school.
An ominous reality is that despite the acceptance of the importance of education, school systems are failing in dramatic numbers. According to Basken, “at least 24,470 U.S. public schools, or 27 percent of the national total, did not meet the federal requirement for "adequate yearly progress" in 2004-2005” (Basken, 2006, p.1). These daunting statistics are gauged by the overwhelming failure of student assessments in many states. Less than a third of fourth grade students in our country are proficient in reading, math, science, and history (Basken, 2006). Low-income students have a less chance of being proficient in these subjects and schools with less resources are in dire distress in terms of student scores (Basken, 2006). It is a significant dilemma that the United States is facing and one that cannot be ignored. If our schools continue to fail, we will be producing uneducated, ill-prepared adults. The school systems must be revamped through a severe deconstruction process so that the understanding of how and why the school systems and students are failing can be understood and a new method of execution can be developed.
Curriculum
The curriculum objective in schools today do not reflective the needs of the brain. Learning is based solely from the intent of the lesson plans and the teaching maneuvers that aid in incorporating these lessons into the classroom. This is why curriculum, the prescribed course of studies, is the most important element in the classroom. Within the environment of a school, the curriculum serves as the foundation for assisting students to meet the learning and developmental standards of that school (Braskamp, et al., 2006). The curriculum holds the learning objectives of the school along with the necessary values needed to produce successful students (Braskamp, et al., 2006). What the students learn and how this information is learned is directly related to the curriculum and the execution of this curriculum within the school. Because the school systems are perceptibly failing, the curriculums of most schools need an extreme evaluation and possible overhaul.
The brain is essentially programmed to seek out new and exciting information and apply it appropriately. According to Jensen, the brain is on a “quest for curiosity, affiliation, challenge, and creature comforts” (Jensen, 2008, p.203). A brain-based curriculum allows this kind of learning to take place within the classroom. The workings of the brain and how it functions, learns, and adapts to new information is vital to providing an effective curriculum.
In order to restore a structure of better curriculum within a school setting, the school must recognize the importance of professional development and how this is directly associated with any curriculum. Teachers must have resources to continually develop curriculum standards that meet the goals of the school. Furthermore, support must be provided to help new teachers reach the expectations of students and highly-skilled teachers should be available to mentor these new teachers throughout this process (Ali, et al., 2010). Keeping an ideal of professional development centered on curriculum will manufacture the most desirable results for the school, professionals, and especially the students.
The brain can process information in various ways. Although brain dominance is a theory that is readily accepted, studies have shown that most learners use both sides of the brain to process specific information (Jensen, 2008). The right-side of the brain is perceived to handle emotions, creativity, and intuition (Gibson, 2010). It is highly important for these aspects to be integrated with the more analytical processing that goes on in the left side of the brain. Strategies that are brain-based will ensure that all processing is congruent and working synonymously. Because artistic expression is an area of learning that is significant with the brain’s functioning, any successful curriculum will involve artistic components. As stated by Spears and Wilson, “art is an important part of brain-based education in that it provides many learners with avenues of expression and emotional conduits for learning and retaining information” (Spears & Wilson, 2009, p.4). Art should be offered as an impartial learning experience, but art should also fit into to a basic curriculum of study. Enhancing typical subjects with art will entice the brain to accept the information more readily. This can be done through writing, drawing, painting, or musical art. By integrating art into the curriculum, students will be allowed to express themselves in a creative manner through their own personal talents (Jensen, 2008). This will not only boost the confidence of each student, but also makes the absorption of the curriculum more possible.
Social fluency and personal development are key aspects to any curriculum. Most schools fail to recognize the social and personal components to a successful learning process. The students must be able to learn interactively because of the social aspect of the brain. Allowing students to learn with one another as well as from one another will stimulate a learning growth that welcomes more diverse and innovative ways of processing information and integrating the environment within the learning process. Additionally, the personal development of students must be at the forefront of any curriculum. Self-actualization is a need of each human being that must be realized throughout the stages of growth and learning (Jensen, 2008). Helping the students learn how to manage stress, be physically active, and reflect the learned skills in a classroom with personal motivation and experience will provide the necessary elements of a well-received curriculum.
Information fluency and scientific inquiry are important mechanisms of a successful curriculum. Students must be able to access comprehensive information and be able to apply this information in everyday life. Cognitive manipulation is a strong contender for successful information processing within the brain (Jensen, 2008). Students should be taught how to critique, analyze, sort, and synthesize the information being presented. Likewise, the ability to rationalize gives students the capability of processing the information given. Scientific inquiry involves questioning information, developing experiments, and strategizing solutions (Jensen, 2008). The assimilation of these processes is essential for a well-rounded curriculum to succeed through brain-based learning strategies.
Instruction
In addition to curriculum and what is being taught, how it is being taught is an important ingredient to successful learning. Failing schools do not have enough focus on the instruction that is given to students and the delivery in which it is being made. The teacher is a bridge between the information and how it is perceived by the students. Therefore, the way in which the information is instructed makes a huge impact on the way the student learns. How the brain receives and processes information must be understood and intertwined with the instructional techniques of the teacher.
Instruction should lead the students to motivational learning. Learning in a peripheral setting is encouraging to the brain. Taking a class outside of the classroom to learn as well as allowing students to formulate groups in the classroom are positive instructional techniques. Classroom instruction that is infused with brain-based strategies goes beyond the traditional approach of teaching. Instruction is provided in a manner that excites the students, prepares them for learning, and aids the students in retaining the information and using it in the most purposeful manner possible. Teachers must be leaders who are relatable to the students and effective presenters of information (Waren-Gross, 2009).
Orchestrated immersion is a way in which the instructor can create an environment in which each student is fully immersed in the learning experience and responds positively to this way of teaching (Cohen, 2008). The overall educational experience is the crux of the brain-based learning process. Each student must be comfortable in their surroundings and those surroundings should be stimulating to the brain.
Relaxed alertness is another requirement for brain-based instruction to be regarded by students in the intended method (Cohen, 2008). This ensures that all students are content and unperturbed in the learning environment. Students should have no fear of social pressures or academic failures. Fear can be a dilapidating force in any student’s life, hindering the progression of learning. Studies have shown that fear is a strong factor in the perceptions of most students as to why they do not get better grades in school (Ali, et al., 2010). Students should have challenging instruction that arouses the natural processes of the brain.
Active processing must also take place for brain-based learning to proceed in any classroom environment. Teachers must formulate brain-based instruction that revolves around the concepts of how the brain processes information (Cohen, 2008). Students must be able to consolidate the instructions given and to internally process this information as necessary to understand the material and eventually apply it in the proper format.
Environment
The environment that a student is thrust into is an aggressive aspect of the learning process. A student is expected to learn in and from their school environment. This environment is an important part of a student’s life, as they are an active participant in this environment for most of their life. A student will spend over four thousand hours in kindergarten through third grade classrooms (Bullard, 2010). Yet, in most schools in the United States, this environment is more difficult to adjust to than it is a positive stimulation to learning. In order for schools to change the failing rates for students, the environment needs to be critically assessed.
One’s environment and perception of their environment can affect mood, stability, health, social relationships, and attitudes about self (Jensen, 2008). In order to encapsulate a positive learning environment that produces successful learners, schools must understand how the environment is directly responsible for failing schools and students. Social pressures, inability to fit in, incapacity to understand the curriculum, and failed support are all unfortunate realities in today’s schools. Making the learning environment balanced with positive social and academic influences is the foundation for brain-based learning.
Children’s brains are rapidly developing throughout the growing process (Bullard, 2010). Furthermore, children’s experiences are limited to their surroundings. Consequently, the environment we provide for students has an incredible impact on how that child’s brain develops (Bullard, 2010). The developmental process of a student is coupled with the environment that student is learning in. A student must have an environment free from socially and academically related stress and fear.
Social stressors are rampant in schools everywhere. This is not an issue that can be completely eradicated, as social pressures are a common factor of socialization, particularly in the educational environment. It is estimated that twenty three percent of students in elementary school have been bullied several times or more (Zhang, et al., 2009). This alarming statistic shows that the school environment that students of today are accustomed can be abusive and disorderly. Students must cope with this social depression while trying to achieve academic goals. Most likely, the latter objective is not met and the student suffers and eventually fails as reflected in school assessments nationwide. Schools must continually present support for students that are having difficulty fitting in to the social spectrum. There are several ways in which this can be attained. Schools should present solutions to social dilemmas and promote an environment of encouragement, kindness, and success. Students within a classroom should be equipped with real life tools that combat bullying, aggressiveness, name-calling, or hateful behavior. Students should be fortified with the desire to get along with other classmates. Teachers should regularly incorporate group learning and interactive study within the classroom to aid in social harmony.
Academic peril is a reality in most schools in the United States. What is being taught is not efficient for the needs of the students and seemingly does not reflect the importance of brain-based learning in most school settings. Students are not simply not learning and this perpetuates a lack of achievement that will only hinder the academic and personal growth of each student. This dilemma is marked by the importance of an academically rich environment in school. To achieve such an environment, teachers and students must be able to vigorously synchronize learning goals. Students must be fully prepared to receive information while also having support with how to manage this information. Because not every student learns identically, attention needs to be paid to each student and their unique way of learning. The students should also have understanding of their learning style and how to implement this style within the classroom. A student’s shortcomings should be sensitively challenged and their talented attributes should have the ability to steadily progress and shine throughout the brain-based learning process. Overall, understanding that a student’s surroundings manipulate the learning process will help schools to prevent any inhabitants from affecting brain-based learning to ensue.
Assessment
Perhaps one of the most concerning issues in the school systems today is the method of assessing progress and achievement. Although it is clear that many variables are involved with failing schools and students, it is also evident that the techniques used to measure the productivity and achievements within a school are lacking. Assessments of students are generalized and rarely improved, thereby creating a negative impact on the entire school system. If assessments are not effective, damaging outcomes will result that impacts all areas of the learning spectrum. Individual student assessments will be compromised as well as classroom, teacher, and school valuations.
Accountability is a first step in analyzing the assessment process. According to Michigan State University, “establishing accountability standards for policymakers, teachers and administrators, community members, and parents, as well as students” will help progress the quality of assessments (Michigan State University, 2008, p. 2). Assessment standards should be high but attainable, and alternative testing methods should be in place for students in need. District-wide transformation is necessary to align the common goals of schools and the scores that are desired as well as required on the state level. There should be a cohesiveness that trickles down the hierarchy of formal education. As Michigan State University purports, it is strictly an overall issue of “establishing accountability systems that provide schools with explicit goals for increasing student achievements, incentives to take on challenging reforms, and consequences for persistent low performance” (Michigan State University, 2008, p.2). In doing so, quality assessments will be in place to correctly measure the progress of students and schools throughout the nation.
All students do not learn equally, yet all assessments seem to reflect this fallacy. Assessing the advancement of students should be a carefully assembled procedure in which the school, educators, and students have an active participation. Students should be aware of the goals that are imposed upon them and should have support in formulating personal educational goals of their own. This allows each student to have power over their own achievements and actively work toward those goals. Parents need to participate in the education of their children more readily. Teachers must welcome parent involvement in a more aggressive way that does not deflect the importance of family support nor diminish the role that parents play in the education of their children. Assessments should reflect the abilities of the child accurately. Pre-assessments will help to decipher any inconsistencies that may be apparent when assessing a student on information they have retained. Many factors can affect a student’s score such as health, personal issues, and confidence. By implementing brain-based learning techniques throughout the learning process, educators have more access to a student’s needs and more knowledge about each student and what issues may arise.
Because brain-based learning implements the way in which the brain functions and processes information, assessments and testing should ideally focus on the brain. Ultimately, students need to be exposed to multiple assessment methods (Spears & Wilson, 2009). Self-assessments will jumpstart student’s brains and provide unwavering preparation for continued evaluations. A brain-friendly environment requires brain-focused assessments to allow for the continual improvements that brain-based learning endorses.
Disparagingly, schools nationwide are on a path of failure despite the acceptance of educational importance in the United States. Education is pressed upon a child early on in life and continues throughout adulthood, closely interwoven into all areas of life. Schools must recognize these daunting failures and incorporate lesson plans that stimulate the learning process. With brain-based learning as the main objective in schools, incredible improvements can be made. Through providing a challenging curriculum, powerful and penetrating classroom instruction, and a nurturing environment combined with effective assessments, failing school system can be recovered while reviving the integrity of education for our country, school systems, and most importantly, the students we thrive to educate.
References
Ali, R., Hukamdad, Ghazi, S., Shahzad, S., & Khan, H. (2010). The impact of brain based learning on students academic achievement. Interdisciplinary Journal of Contemporary Research In Business, 2(2), 542-556. Retrieved from http://proquest.umi.com/pqdweb?did=2129002581&sid=2&Fmt=3&clientId=74379&RQT=309& VName=PQD.
Basken, P. (2006). States have more schools falling behind. Bloomberg News, Retrieved from http://www.washingtonpost.com/wp-dyn/content/article/2006/03/28/AR2006032801794.html.
Braskamp, L., Trautvetter, L., & Ward, K. (2006). Putting students first: how colleges develop students purposefully. Retrieved from http://www.northwestern.edu/studentaffairs/conference/chapters/Chapter_4.pdf.
Cohen, E. (2008). Brain-based learning. Retrieved from http://www.funderstanding.com/content/brain-based-learning.
Gibson, K. (2010). Learning styles and hemispheric dominance - right or left brain: which is dominant in your family? Retrieved from http://www.leapingfromthebox.com/art/kmg/learningstyles2.html.
Jensen, E. (2008). Brain-based learning. Thousand Oaks, Ca: Corwin Press.
Michigan State University (2008). Turning around failing schools. Retrieved from http://www.epc.msu.edu/publications/accountability/failingschools.htm.
Spears, A., & Wilson, L. (2009). Brain-based learning highlights. Retrieved from http://www.itari.in/categories/brainbasedlearning/DefinitionofBrain-BasedLearning.pdf.
Waren-Gross, L. (2009). How does a failing school stop failing? Knowledge Quest, 38(2), 40-43. Retrieved from http://proquest.umi.com/pqdweb?did=1928295661&sid=1&Fmt=3&clientId=74379&RQT=309&VName=PQD.
Zhang, H., & Cowen, D. (2009). Mapping academic achievement and public school choice under the no child left behind legislation. Southeastern Geographer, 49(1), 24-40. Retrieved from http://proquest.umi.com/pqdweb?did=1667640731&sid=1&Fmt=3&clientId=74379&RQT=309&VName=PQD.
Jeannette Villatoro
Learning and the Brain BOJ1047A
Cindy Hopper
December 20, 2010
Preventing Academic Failures in School Systems Today
Education is one of the most important aspects of a healthy, productive life. A valuable education promotes personal growth and success. Students must be able to express themselves readily in a learning environment in addition to having positive stimulation encourage the motivation that is necessary for a good education to commence. However, the school systems today are failing and the students are failing along with it. In order to elicit improvement in the school systems and prevent academic failures in school systems today, brain-based learning must be implemented to uphold an innovative curriculum, incorporate impactful instruction, induce a favorable environment for students, and create more effective assessments to measure these mechanisms within the school.
An ominous reality is that despite the acceptance of the importance of education, school systems are failing in dramatic numbers. According to Basken, “at least 24,470 U.S. public schools, or 27 percent of the national total, did not meet the federal requirement for "adequate yearly progress" in 2004-2005” (Basken, 2006, p.1). These daunting statistics are gauged by the overwhelming failure of student assessments in many states. Less than a third of fourth grade students in our country are proficient in reading, math, science, and history (Basken, 2006). Low-income students have a less chance of being proficient in these subjects and schools with less resources are in dire distress in terms of student scores (Basken, 2006). It is a significant dilemma that the United States is facing and one that cannot be ignored. If our schools continue to fail, we will be producing uneducated, ill-prepared adults. The school systems must be revamped through a severe deconstruction process so that the understanding of how and why the school systems and students are failing can be understood and a new method of execution can be developed.
Curriculum
The curriculum objective in schools today do not reflective the needs of the brain. Learning is based solely from the intent of the lesson plans and the teaching maneuvers that aid in incorporating these lessons into the classroom. This is why curriculum, the prescribed course of studies, is the most important element in the classroom. Within the environment of a school, the curriculum serves as the foundation for assisting students to meet the learning and developmental standards of that school (Braskamp, et al., 2006). The curriculum holds the learning objectives of the school along with the necessary values needed to produce successful students (Braskamp, et al., 2006). What the students learn and how this information is learned is directly related to the curriculum and the execution of this curriculum within the school. Because the school systems are perceptibly failing, the curriculums of most schools need an extreme evaluation and possible overhaul.
The brain is essentially programmed to seek out new and exciting information and apply it appropriately. According to Jensen, the brain is on a “quest for curiosity, affiliation, challenge, and creature comforts” (Jensen, 2008, p.203). A brain-based curriculum allows this kind of learning to take place within the classroom. The workings of the brain and how it functions, learns, and adapts to new information is vital to providing an effective curriculum.
In order to restore a structure of better curriculum within a school setting, the school must recognize the importance of professional development and how this is directly associated with any curriculum. Teachers must have resources to continually develop curriculum standards that meet the goals of the school. Furthermore, support must be provided to help new teachers reach the expectations of students and highly-skilled teachers should be available to mentor these new teachers throughout this process (Ali, et al., 2010). Keeping an ideal of professional development centered on curriculum will manufacture the most desirable results for the school, professionals, and especially the students.
The brain can process information in various ways. Although brain dominance is a theory that is readily accepted, studies have shown that most learners use both sides of the brain to process specific information (Jensen, 2008). The right-side of the brain is perceived to handle emotions, creativity, and intuition (Gibson, 2010). It is highly important for these aspects to be integrated with the more analytical processing that goes on in the left side of the brain. Strategies that are brain-based will ensure that all processing is congruent and working synonymously. Because artistic expression is an area of learning that is significant with the brain’s functioning, any successful curriculum will involve artistic components. As stated by Spears and Wilson, “art is an important part of brain-based education in that it provides many learners with avenues of expression and emotional conduits for learning and retaining information” (Spears & Wilson, 2009, p.4). Art should be offered as an impartial learning experience, but art should also fit into to a basic curriculum of study. Enhancing typical subjects with art will entice the brain to accept the information more readily. This can be done through writing, drawing, painting, or musical art. By integrating art into the curriculum, students will be allowed to express themselves in a creative manner through their own personal talents (Jensen, 2008). This will not only boost the confidence of each student, but also makes the absorption of the curriculum more possible.
Social fluency and personal development are key aspects to any curriculum. Most schools fail to recognize the social and personal components to a successful learning process. The students must be able to learn interactively because of the social aspect of the brain. Allowing students to learn with one another as well as from one another will stimulate a learning growth that welcomes more diverse and innovative ways of processing information and integrating the environment within the learning process. Additionally, the personal development of students must be at the forefront of any curriculum. Self-actualization is a need of each human being that must be realized throughout the stages of growth and learning (Jensen, 2008). Helping the students learn how to manage stress, be physically active, and reflect the learned skills in a classroom with personal motivation and experience will provide the necessary elements of a well-received curriculum.
Information fluency and scientific inquiry are important mechanisms of a successful curriculum. Students must be able to access comprehensive information and be able to apply this information in everyday life. Cognitive manipulation is a strong contender for successful information processing within the brain (Jensen, 2008). Students should be taught how to critique, analyze, sort, and synthesize the information being presented. Likewise, the ability to rationalize gives students the capability of processing the information given. Scientific inquiry involves questioning information, developing experiments, and strategizing solutions (Jensen, 2008). The assimilation of these processes is essential for a well-rounded curriculum to succeed through brain-based learning strategies.
Instruction
In addition to curriculum and what is being taught, how it is being taught is an important ingredient to successful learning. Failing schools do not have enough focus on the instruction that is given to students and the delivery in which it is being made. The teacher is a bridge between the information and how it is perceived by the students. Therefore, the way in which the information is instructed makes a huge impact on the way the student learns. How the brain receives and processes information must be understood and intertwined with the instructional techniques of the teacher.
Instruction should lead the students to motivational learning. Learning in a peripheral setting is encouraging to the brain. Taking a class outside of the classroom to learn as well as allowing students to formulate groups in the classroom are positive instructional techniques. Classroom instruction that is infused with brain-based strategies goes beyond the traditional approach of teaching. Instruction is provided in a manner that excites the students, prepares them for learning, and aids the students in retaining the information and using it in the most purposeful manner possible. Teachers must be leaders who are relatable to the students and effective presenters of information (Waren-Gross, 2009).
Orchestrated immersion is a way in which the instructor can create an environment in which each student is fully immersed in the learning experience and responds positively to this way of teaching (Cohen, 2008). The overall educational experience is the crux of the brain-based learning process. Each student must be comfortable in their surroundings and those surroundings should be stimulating to the brain.
Relaxed alertness is another requirement for brain-based instruction to be regarded by students in the intended method (Cohen, 2008). This ensures that all students are content and unperturbed in the learning environment. Students should have no fear of social pressures or academic failures. Fear can be a dilapidating force in any student’s life, hindering the progression of learning. Studies have shown that fear is a strong factor in the perceptions of most students as to why they do not get better grades in school (Ali, et al., 2010). Students should have challenging instruction that arouses the natural processes of the brain.
Active processing must also take place for brain-based learning to proceed in any classroom environment. Teachers must formulate brain-based instruction that revolves around the concepts of how the brain processes information (Cohen, 2008). Students must be able to consolidate the instructions given and to internally process this information as necessary to understand the material and eventually apply it in the proper format.
Environment
The environment that a student is thrust into is an aggressive aspect of the learning process. A student is expected to learn in and from their school environment. This environment is an important part of a student’s life, as they are an active participant in this environment for most of their life. A student will spend over four thousand hours in kindergarten through third grade classrooms (Bullard, 2010). Yet, in most schools in the United States, this environment is more difficult to adjust to than it is a positive stimulation to learning. In order for schools to change the failing rates for students, the environment needs to be critically assessed.
One’s environment and perception of their environment can affect mood, stability, health, social relationships, and attitudes about self (Jensen, 2008). In order to encapsulate a positive learning environment that produces successful learners, schools must understand how the environment is directly responsible for failing schools and students. Social pressures, inability to fit in, incapacity to understand the curriculum, and failed support are all unfortunate realities in today’s schools. Making the learning environment balanced with positive social and academic influences is the foundation for brain-based learning.
Children’s brains are rapidly developing throughout the growing process (Bullard, 2010). Furthermore, children’s experiences are limited to their surroundings. Consequently, the environment we provide for students has an incredible impact on how that child’s brain develops (Bullard, 2010). The developmental process of a student is coupled with the environment that student is learning in. A student must have an environment free from socially and academically related stress and fear.
Social stressors are rampant in schools everywhere. This is not an issue that can be completely eradicated, as social pressures are a common factor of socialization, particularly in the educational environment. It is estimated that twenty three percent of students in elementary school have been bullied several times or more (Zhang, et al., 2009). This alarming statistic shows that the school environment that students of today are accustomed can be abusive and disorderly. Students must cope with this social depression while trying to achieve academic goals. Most likely, the latter objective is not met and the student suffers and eventually fails as reflected in school assessments nationwide. Schools must continually present support for students that are having difficulty fitting in to the social spectrum. There are several ways in which this can be attained. Schools should present solutions to social dilemmas and promote an environment of encouragement, kindness, and success. Students within a classroom should be equipped with real life tools that combat bullying, aggressiveness, name-calling, or hateful behavior. Students should be fortified with the desire to get along with other classmates. Teachers should regularly incorporate group learning and interactive study within the classroom to aid in social harmony.
Academic peril is a reality in most schools in the United States. What is being taught is not efficient for the needs of the students and seemingly does not reflect the importance of brain-based learning in most school settings. Students are not simply not learning and this perpetuates a lack of achievement that will only hinder the academic and personal growth of each student. This dilemma is marked by the importance of an academically rich environment in school. To achieve such an environment, teachers and students must be able to vigorously synchronize learning goals. Students must be fully prepared to receive information while also having support with how to manage this information. Because not every student learns identically, attention needs to be paid to each student and their unique way of learning. The students should also have understanding of their learning style and how to implement this style within the classroom. A student’s shortcomings should be sensitively challenged and their talented attributes should have the ability to steadily progress and shine throughout the brain-based learning process. Overall, understanding that a student’s surroundings manipulate the learning process will help schools to prevent any inhabitants from affecting brain-based learning to ensue.
Assessment
Perhaps one of the most concerning issues in the school systems today is the method of assessing progress and achievement. Although it is clear that many variables are involved with failing schools and students, it is also evident that the techniques used to measure the productivity and achievements within a school are lacking. Assessments of students are generalized and rarely improved, thereby creating a negative impact on the entire school system. If assessments are not effective, damaging outcomes will result that impacts all areas of the learning spectrum. Individual student assessments will be compromised as well as classroom, teacher, and school valuations.
Accountability is a first step in analyzing the assessment process. According to Michigan State University, “establishing accountability standards for policymakers, teachers and administrators, community members, and parents, as well as students” will help progress the quality of assessments (Michigan State University, 2008, p. 2). Assessment standards should be high but attainable, and alternative testing methods should be in place for students in need. District-wide transformation is necessary to align the common goals of schools and the scores that are desired as well as required on the state level. There should be a cohesiveness that trickles down the hierarchy of formal education. As Michigan State University purports, it is strictly an overall issue of “establishing accountability systems that provide schools with explicit goals for increasing student achievements, incentives to take on challenging reforms, and consequences for persistent low performance” (Michigan State University, 2008, p.2). In doing so, quality assessments will be in place to correctly measure the progress of students and schools throughout the nation.
All students do not learn equally, yet all assessments seem to reflect this fallacy. Assessing the advancement of students should be a carefully assembled procedure in which the school, educators, and students have an active participation. Students should be aware of the goals that are imposed upon them and should have support in formulating personal educational goals of their own. This allows each student to have power over their own achievements and actively work toward those goals. Parents need to participate in the education of their children more readily. Teachers must welcome parent involvement in a more aggressive way that does not deflect the importance of family support nor diminish the role that parents play in the education of their children. Assessments should reflect the abilities of the child accurately. Pre-assessments will help to decipher any inconsistencies that may be apparent when assessing a student on information they have retained. Many factors can affect a student’s score such as health, personal issues, and confidence. By implementing brain-based learning techniques throughout the learning process, educators have more access to a student’s needs and more knowledge about each student and what issues may arise.
Because brain-based learning implements the way in which the brain functions and processes information, assessments and testing should ideally focus on the brain. Ultimately, students need to be exposed to multiple assessment methods (Spears & Wilson, 2009). Self-assessments will jumpstart student’s brains and provide unwavering preparation for continued evaluations. A brain-friendly environment requires brain-focused assessments to allow for the continual improvements that brain-based learning endorses.
Disparagingly, schools nationwide are on a path of failure despite the acceptance of educational importance in the United States. Education is pressed upon a child early on in life and continues throughout adulthood, closely interwoven into all areas of life. Schools must recognize these daunting failures and incorporate lesson plans that stimulate the learning process. With brain-based learning as the main objective in schools, incredible improvements can be made. Through providing a challenging curriculum, powerful and penetrating classroom instruction, and a nurturing environment combined with effective assessments, failing school system can be recovered while reviving the integrity of education for our country, school systems, and most importantly, the students we thrive to educate.
References
Ali, R., Hukamdad, Ghazi, S., Shahzad, S., & Khan, H. (2010). The impact of brain based learning on students academic achievement. Interdisciplinary Journal of Contemporary Research In Business, 2(2), 542-556. Retrieved from http://proquest.umi.com/pqdweb?did=2129002581&sid=2&Fmt=3&clientId=74379&RQT=309& VName=PQD.
Basken, P. (2006). States have more schools falling behind. Bloomberg News, Retrieved from http://www.washingtonpost.com/wp-dyn/content/article/2006/03/28/AR2006032801794.html.
Braskamp, L., Trautvetter, L., & Ward, K. (2006). Putting students first: how colleges develop students purposefully. Retrieved from http://www.northwestern.edu/studentaffairs/conference/chapters/Chapter_4.pdf.
Cohen, E. (2008). Brain-based learning. Retrieved from http://www.funderstanding.com/content/brain-based-learning.
Gibson, K. (2010). Learning styles and hemispheric dominance - right or left brain: which is dominant in your family? Retrieved from http://www.leapingfromthebox.com/art/kmg/learningstyles2.html.
Jensen, E. (2008). Brain-based learning. Thousand Oaks, Ca: Corwin Press.
Michigan State University (2008). Turning around failing schools. Retrieved from http://www.epc.msu.edu/publications/accountability/failingschools.htm.
Spears, A., & Wilson, L. (2009). Brain-based learning highlights. Retrieved from http://www.itari.in/categories/brainbasedlearning/DefinitionofBrain-BasedLearning.pdf.
Waren-Gross, L. (2009). How does a failing school stop failing? Knowledge Quest, 38(2), 40-43. Retrieved from http://proquest.umi.com/pqdweb?did=1928295661&sid=1&Fmt=3&clientId=74379&RQT=309&VName=PQD.
Zhang, H., & Cowen, D. (2009). Mapping academic achievement and public school choice under the no child left behind legislation. Southeastern Geographer, 49(1), 24-40. Retrieved from http://proquest.umi.com/pqdweb?did=1667640731&sid=1&Fmt=3&clientId=74379&RQT=309&VName=PQD.
Thursday, November 18, 2010
Toxicology in the Criminal Justice System ©
Toxicology in the Criminal Justice System
Jeannette Villatoro
Forensics BLK1042A
Jen Brockel
November 15, 2010
Toxicology in the Criminal Justice System
Forensic science has been a significant aspect of the criminal justice system for centuries. With the flourishing determination to develop forensic science throughout the years, advancements have led to the development of many significant sciences, including toxicology. Understanding and studying the adverse effects of chemicals on biological systems has proven to be a necessary force in the criminal justice system. By exploring new theories in toxicology, successes and failures throughout the historical progression of this science has led to incredible strides in crime investigation and a promise for a more proficient future in toxicological studies.
Forensic Science
Since the inception of history, forensic science has been fully perused. The development of understanding of science and how it can apply to legal matters has been a necessary force in society and the interest of the criminal justice field. Since the 1950s, the fascinating marriage of science with criminal justice has led to amazing developments in the handling of the age-old burden of crime.
One of the major contributions to the successful progression of forensic science is the commencement of the American Academy of Forensic Sciences in 1950. The goal of this organization was to bring multi-disciplinary professionals together for the purpose of seeking the continued advancement of science for the benefit of the legal system (American Academy of Forensic Sciences, 2010). In doing so, this organization propelled a unique focus on forensic science for the future of criminal justice.
Another major contribution to the advancement of forensic science was the discovery of the Kidd blood grouping system by F. H. Allen and colleagues in 1951. This blood group is a product of a certain gene that has proteins acting as urea transporters (Rudin & Inman, 2002). These proteins affect the kidneys and other antigens in the body and the understanding of this blood grouping system enhanced the knowledge of forensics and toxicology in particular.
Great discoveries did not cease in the 1950s and soon a new accomplishment would generate an even greater desire to increase the awareness and development of forensic science. Paul Leland Kirk, a forensic scientist, published Crime Investigation (Rudin & Inman, 2002). This book served as a guidebook to many criminalists and other forensic scientists. Kirk was able to outline the mastery of forensic science and through his observation of a particular murder case, was able to contribute to the exoneration of a convicted suspect after twelve years of incarceration for the crime.
In 1954, R. F. Borkenstein created the breathalyzer for field testing of sobriety (Rudin & Inman, 2002). By implementing forensic science to develop a way to determine the alcohol content in a person’s breath, this device became an astounding contribution to the criminal justice system.
Developments in the field of forensic science continued to change the face of science and law. A major contributor was Maurice Miller. In 1960 Miller described the ways in which gas chromatography worked in identifying petroleum products and gasoline (Rudin & Inman, 2002). The use of gas chromatography quickly became the standard in most forensic laboratories.
Bloodstain analysis became a strong focus in forensic science in 1967 when Brain Culliford and Brian Wraxall developed new methods of analyzing and testing bloodstains (Rudin & Inman, 2002). Throughout the 1970s, forensic science discoveries would perpetuate advancement in the field beyond measure. Gunshot residue analysis would be born and a system to classify fingerprints would create an immeasurable efficiency in the criminal justice system.
In later decades, DNA profiling would advance forensic science. DNA would become a major focus in forensic science throughout the years to come. Forensic science and the thirst for a greater application of this concept were in high demand. Beginning in the middle of the twentieth century and continuing until the end of this century, society became more concerned with chemicals in the environment that could cause harm to the human body (Hayes, 2008). The American Board of Toxicology was developed in 1980 and the concern for the necessity to analyze the causes of death of crime victims flourished. As toxicology developed to provide answers for these alarming concerns, it became evident that toxicology as a forensic science would provide a benefit to criminal investigations. The understanding and desire for knowledge of toxicology as it pertained to forensic investigation helped to develop the intrinsic theories of toxicology that exist today.
Methods and Theories
Toxicology has become a major necessity in the field of forensic science. Throughout the many scientific changes that have affected toxicology and its application to criminal justice, many new and exciting features of this forensic science has surfaced. The primary concern for environmental health grew into a science that could benefit criminal law. How chemicals affect the living and how these chemicals react to one’s one biological structure to create illness or death brought about the demand for toxicology. When being used as a forensic science for the criminal justice field, toxicology has undergone major changes to elicit better and more efficient tools for analysis.
The first simplistic theory of toxicology was introduced by Paracelus in 1493 when he imposed the idea that the dose makes the poison (Goldstein & Gallo, 2001). This idea catapulted the understanding that any chemical in overabundance could be harmful to biological systems. The author of the most impactful law of toxicology was Paré who developed the understanding of the specific effects that can occur from chemicals reacting to biological functions (Goldstein & Gallo, 2001). Paré initiated the first case study of this ideal in which prisoners would be tested to prove the damaging nature of some chemicals and the biological reactions that govern the principles of toxicology. This study, although inhumane and unjustified, resulted in the essence of hazardous toxins being recognized when given in high doses. Further down the line, it would become acceptable to test theories of toxic substances on animals rather than human subjects (Goldstein & Gallo, 2001).
Because there are over twenty one million substances documented in databases that can adversely affect the human body, new methods of identifying the harm of substances was becoming a desperate need in forensic science (Society of Toxicology, 2008). The Drug Abuse Warning Network founded in 1977 projected an enormous interest in toxicology. Hospital surveys done by the Drug Abuse Warning Network began to perpetuate alarming statistics in drug use. According to John and Joseph Fenton, “a survey of hospital emergency departments by DAWN showed an increase in heroine-related admission on the order of 44% between 1992 and 1993” (Fenton & Fenton, 2002). Additionally, cocaine-related admissions rose over 5% during the same timeframe while methamphetamine-related admissions rose a staggering 61% at this time (Fenton & Fenton, 2002). Further studies revealed distressing statistics on the use of alcohol, cigarettes, and other drugs by pregnant women and the detrimental effects on the fetus. This dilemma brought toxicology to the forefront to protect the health and well-being of citizens in conjunction with developing new methods of analyzing hazardous substances present during a crime.
The reactions of the body to certain substances vary so greatly that toxicology can be a tricky science. Additionally, the cause of death can be difficult to determine if more than one injury is the cause. In one particular case, a man named Donald Harvey worked as a nurse’s aide from 1983 to 1987. During this time, he killed several patients by suffocation, metal-based poisoning, and tranquilizers (Ramsland, 2004). This crime shocked the nation and revealed the sensitivity of time to toxicology and the possibility of differing causes of death posing a dilemma in a single crime.
The testing methods of toxicology have always been the crux of how hazardous chemicals were identified and analyzed (DeRosa, 1997). Development has rapidly increased in the late 20th century and early 21st century to make certain that these methods continuously improve for the purpose of environmental protection and the application of toxicology in the criminal justice field. With the understanding of alcohol and drug effects rising, the study of toxicology found new scientific methods for understanding these effects. Gas chromatography and spectrometry were the successful result of such understanding and the use of these methods boomed in the field of toxicology during the middle of the 20th century. By dissolving tissues in an acidic solution and using high-pressure gas chromatography for analysis, direct testing was enabled. Further testing methods such as immunoassay surfaced so that the best approach for detecting low drug levels would be possible without prior analytical methods (Saferstein, 2009). These effectual testing methods eliminated the need to go through the process of extraction, which often led to unstable results produced from tedious processes (Ramsland, 2004).
Analysis
Some major successes and failures colored the history of toxicology to the present time. The conception of toxicology began with the notion of the presence of toxins and quickly progressed to quantifying poisons. One famous case that occurred in the middle 20th century led to an understanding of the necessity of using time in the analysis of toxic substances and the ability for corpses to absorb toxic substances after death occurs. Marie Besnard was accused of killing twelve people with arsenic between 1929 and 1949 (Ramsland, 2004). Exhumation of the bodies revealed high levels of arsenic in each victim, however, only circumstantial evidence was gathered to indict Marie Besnard for the murders. During witness testimony of a toxicologist for the defense, a new theory came to light that arsenic could enter the hair of a corpse in the ground through anaerobic bacteria (Ramsland, 2004). Because of this theory, the toxicologist on the case had the burden of proving that the arsenic was administered before the burial of the victims. By exposing the hair of a victim to radioactivity for over twenty six hours, this element of the case could have been proven. However, because the toxicologist failed to expose the hair for the required length of time, Marie Besnard was acquitted (Ramsland, 2004). The outcome of this case proved to be unfortunate, but the mistakes of the toxicologist and the awareness of poison affecting a corpse made a significant contribution to toxicology and its application to future criminal cases.
Trial and error continues to mark the successes and failures of toxicology throughout history. Testing protocols have been the most blundering issue. During the early 20th century, early acute toxicity studies were done in a seven-day period (Kamrin, 1988). The continued failures of this method and the lack of results produced brought about the standard fourteen-day period protocol in the late 20th century. With all of the improvements in toxicology in the 21st century, time continues to be a limitation with testing because analysis can take several weeks. This is usually counterproductive to law enforcement as evidence needs to be gathered and analyzed quickly to allow a case to develop and investigation to continue.
The testing of animals perpetuated great success in the field of toxicology as well. Initially, results were constrained in the beginning stages of animal testing during the 20th century. Results varied greatly and the components of the chemicals did not produce consistent results. This propagated the understanding that diet, breeding conditions, and environmental issues had an effect on the results of the testing (Kamrin, 1988). This knowledge allowed toxicologists to have more control with testing conditions and to produce more accurate results.
Another instrumental case that involved forensic toxicology was that of Robert Curley. In 1991, Curly was admitted to the hospital on numerous occasions but doctors could not discern what the ailment was. Curley died after a month of puzzling symptoms and agonizing pain. Through examination, it was discovered that he had heavy levels of thallium in his system. Although it was evident that heavy metal exposure caused his death, investigators could not locate a suspect. Dr. Frederic Reiders, a private toxicologist, was solicited to use up-to-date toxicological examination techniques on the corpse. His breakthrough method of conducting a segmental analysis on the hair shaft to devise a timeline of thallium exposure and ingestion brought investigators to a known suspect (Ramsland, 2004). This method revolutionized the way in which analysis on corpses continued throughout the 20th century as it provided a new technique and incorporated this technique with criminal investigation.
The toxicology laboratory has been a major issue in this particular field of forensic science. Many attempts at laboratory development failed to present the kind of tools and analysis needed for criminal justice. As the shift began to change from environmental safety towards criminal investigation, toxicology went through major alterations. One of the foremost problems that occur within the laboratory is the timing in which a sufficient analysis for evidence can be provided. The knowledge of the importance of gas chromatography in the middle of the 20th century helped to motivate more powerful tools in the laboratory which eliminated failed toxicological results due to human error (California Department of Justice, 1999).
Advancements in Toxicology
Most theories on how to improve toxicological testing methods relied on more technological advances being applied to toxicology. Perhaps the most noteworthy development in toxicology became the increased modification of laboratories with an accreditation for toxicology. As stated by Rawat, et al., “advances in computer sciences and hardware combined with equally significant developments in molecular biology and chemistry are providing toxicology with a powerful new tool box” (Rawat, et. al, 2007, p. 1). The uncertainty of experimental testing was eagerly replaced by computational toxicology. The computed models manifested quickly in many laboratories to develop cross-extrapolation techniques that proved much more efficient in determining the presence of poisonous or toxic chemicals (Demchuk, et al., 2008). By allowing this method to evolve, toxicological evidence becomes more valid in the courtroom. Rather than rely on methods that provide analysis through long, painstaking testing that is conducted by perceived calculations, using a computer model reduces the margin of error. Most chemicals that cause death or illness when administered in abundance, such as morphine, do not decompose quickly (Adeyemi, et al., 2010). Therefore, proper analysis can be made with the accuracy of computer models in toxicology to present a better display of evidence in the courtroom to convict a suspect if poisoning is a factor.
Advancements continue in the 21st century as computer technology is utilized with the forensic science of toxicology. Chemical characterization is made possible by these advances. According to The National Research Council, “chemical characterization involves the compilation of data on physical and chemical properties, uses, environmental surveillance, fate and transport, and properties that relate to the potential for exposure, bioaccumulation, and toxicity” (National Research Council, 2007). Laboratories that support newer methods and more technological equipment have the opportunity to produce accurate results and gain new knowledge of more intricate techniques for the future.
Future
The criminal justice system thrives to prevent crime and prosecute criminals to prevent further harm to society. Forensic toxicology is a key component to the intentions of the criminal justice system and to crime investigation in particular. Chemical toxins cannot usually be detected with the naked eye and very rarely is evidence of toxic substances left at a crime-scene. Toxicology works diligently to detect such substances during a criminal investigation.
When a crime investigator properly collects and stores blood and tissue samples for analysis, a toxicologist performs the necessary methods to determine unusual chemical reactions in the biological systems of a body (Adeyemi, et al., 2010). The demands of toxicology, however, go beyond mere detection and analysis. A toxicologist must be able to work closely with police to provide expert opinion and predictions. One of the most comprehensive tools that will continue to advance toxicology for the benefit of police work is the Drug Recognition Expert program. This program offers a broad spectrum of drugs that may have been taken based on the effects of the nervous system. However, the Drug Recognition Expert program cannot provide specific drug possibilities based on an analysis (Saferstein, 2009). This program is essential to practical toxicology analysis but the limitations of this program deem this system unreliable on its own. In conjunction with the professional analysis of a forensic toxicologist, this program incorporates standardized methods for examining suspects to determine if drugs were ingested (Saferstein, 2009).
Police will continue to utilize methods of toxicology when working with the public. The breathalyzer is one mechanism that has provided to be an enormous contribution to the detection of alcohol use while driving. When police correctly administer this device, accurate results protect the suspect and potential victims from harm.
Toxicology is significant to police work because of the astronomical issues of drug and alcohol abuse in society. Furthermore, drug and alcohol abuse is connected closely with the committal of many crimes. The annual Bureau of Justice Statistics report shows that as much as 78% of some convicted criminals tested positive for drugs when incarcerated (National Drug Control Policy, 2000). Toxicology is the science that can connect police officers with the evidence needed of such drug and alcohol use. Other devices and mechanisms that may surface in the 21st century pertaining to toxicology and the detection of alcohol and drugs will undoubtedly benefit the future of police work.
Forensic science has flourished so readily in the 20th and 21st centuries that it has become indispensable to the criminal justice system. Evidence relies on the distinct accuracy that forensic evidence can provide. Toxicology has proven to be a huge contender in the field of criminal justice and has gone through scientific changes that amount to technological advances indispensable to police agencies and criminal investigators. Although limitations of forensic toxicology may delay possibilities, the advancements in this field are undeniably necessary for police to conduct proper investigations that lead to convictions in the courtroom now and in the future.
References
Adeyemi, A., Garelick, H., & Priest, N. (2010). A biokinetic model to describe the distribution and excretion of arsenic by man following acute and chronic intakes of arsenite/arsenate compounds by ingestion. Human and Experimental Toxicology, 29(11), Retrieved from http://proquest.umi.com/pqdweb?index=0&did=2166766171&SrchMode=1&sid=1&Fm t=6&Vinst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1288664995&clientId=74379.
California Department of Justice (1999). Toxicological analysis. Retrieved from http://www.cci.ca.gov/Reference/peb/peb8.pdf.
Demchuk, E., Ruiz, P., Wilson, J., Scinicariello, F., & Pohl, H. (2007). Computational toxicology methods in public health practice. Toxicology Mechanisms and Methods. Retrieved from http://gene.hsc.wvu.edu/data/08TMM.pdf.
DeRosa, C. (1997). Validation and regulatory acceptance of toxicological test methods. Retrieved from http://iccvam.niehs.nih.gov/docs/about_docs/validate.pdf.
Fenton, J., & Fenton, J. (2002). Toxicology: a case-oriented approach. New York: CRC Press.
Goldstein, B., Gallo, M. (2001). Paré's law: the second law of toxicology. Toxicological Sciences, 60(2), Retrieved from http://toxsci.oxfordjournals.org/content/60/2/194.full.
Hayes, A. (2008). Principles and methods of toxicology. New York: Taylor & Francis Group, LLC.
Hooper, M. (2002). History of toxicology. Retrieved from http://www.tiehh.ttu.edu/mhooper/Docs/1-History-of-Toxicology-06.pdf.
Kamrin, M. (1988). Toxicology: a primer on toxicology principles and applications. Chelsea, MI: Lewis Publishers, Inc.
National Drug Control Policy (2000). Drug-related crime. Retrieved from http://www.whitehousedrugpolicy.gov/publications/factsht/crime/index.html.
Ramsland, K. (2004). Forensic toxicology. Criminal Mind, Retrieved from http://www.trutv.com/library/crime/criminal_mind/forensics/toxicology/4.html.
Rawat, A., Gust, K., Deng, Y., Garcia-Reyero, N., & Quinn, M. (2008). Computational toxicology - a state of the science mini review. Toxicological Sciences, 103(1), Retrieved from http://toxsci.oxfordjournals.org/content/103/1/14.full.
Rudin, N., & Inman, K. (2002). Forensic science timeline. Retrieved from http://www.forensicdna.com/Timeline020702.pdf.
Saferstein, R. (2009). Criminalistics. Upper Saddle River, NJ: Pearson/Prentice Hall.
Society of Toxicology (2008). Society of toxicology strategic plan. Retrieved from http://www.toxicology.org/ai/asot/SOTStrategicPlan.pdf.
Jeannette Villatoro
Forensics BLK1042A
Jen Brockel
November 15, 2010
Toxicology in the Criminal Justice System
Forensic science has been a significant aspect of the criminal justice system for centuries. With the flourishing determination to develop forensic science throughout the years, advancements have led to the development of many significant sciences, including toxicology. Understanding and studying the adverse effects of chemicals on biological systems has proven to be a necessary force in the criminal justice system. By exploring new theories in toxicology, successes and failures throughout the historical progression of this science has led to incredible strides in crime investigation and a promise for a more proficient future in toxicological studies.
Forensic Science
Since the inception of history, forensic science has been fully perused. The development of understanding of science and how it can apply to legal matters has been a necessary force in society and the interest of the criminal justice field. Since the 1950s, the fascinating marriage of science with criminal justice has led to amazing developments in the handling of the age-old burden of crime.
One of the major contributions to the successful progression of forensic science is the commencement of the American Academy of Forensic Sciences in 1950. The goal of this organization was to bring multi-disciplinary professionals together for the purpose of seeking the continued advancement of science for the benefit of the legal system (American Academy of Forensic Sciences, 2010). In doing so, this organization propelled a unique focus on forensic science for the future of criminal justice.
Another major contribution to the advancement of forensic science was the discovery of the Kidd blood grouping system by F. H. Allen and colleagues in 1951. This blood group is a product of a certain gene that has proteins acting as urea transporters (Rudin & Inman, 2002). These proteins affect the kidneys and other antigens in the body and the understanding of this blood grouping system enhanced the knowledge of forensics and toxicology in particular.
Great discoveries did not cease in the 1950s and soon a new accomplishment would generate an even greater desire to increase the awareness and development of forensic science. Paul Leland Kirk, a forensic scientist, published Crime Investigation (Rudin & Inman, 2002). This book served as a guidebook to many criminalists and other forensic scientists. Kirk was able to outline the mastery of forensic science and through his observation of a particular murder case, was able to contribute to the exoneration of a convicted suspect after twelve years of incarceration for the crime.
In 1954, R. F. Borkenstein created the breathalyzer for field testing of sobriety (Rudin & Inman, 2002). By implementing forensic science to develop a way to determine the alcohol content in a person’s breath, this device became an astounding contribution to the criminal justice system.
Developments in the field of forensic science continued to change the face of science and law. A major contributor was Maurice Miller. In 1960 Miller described the ways in which gas chromatography worked in identifying petroleum products and gasoline (Rudin & Inman, 2002). The use of gas chromatography quickly became the standard in most forensic laboratories.
Bloodstain analysis became a strong focus in forensic science in 1967 when Brain Culliford and Brian Wraxall developed new methods of analyzing and testing bloodstains (Rudin & Inman, 2002). Throughout the 1970s, forensic science discoveries would perpetuate advancement in the field beyond measure. Gunshot residue analysis would be born and a system to classify fingerprints would create an immeasurable efficiency in the criminal justice system.
In later decades, DNA profiling would advance forensic science. DNA would become a major focus in forensic science throughout the years to come. Forensic science and the thirst for a greater application of this concept were in high demand. Beginning in the middle of the twentieth century and continuing until the end of this century, society became more concerned with chemicals in the environment that could cause harm to the human body (Hayes, 2008). The American Board of Toxicology was developed in 1980 and the concern for the necessity to analyze the causes of death of crime victims flourished. As toxicology developed to provide answers for these alarming concerns, it became evident that toxicology as a forensic science would provide a benefit to criminal investigations. The understanding and desire for knowledge of toxicology as it pertained to forensic investigation helped to develop the intrinsic theories of toxicology that exist today.
Methods and Theories
Toxicology has become a major necessity in the field of forensic science. Throughout the many scientific changes that have affected toxicology and its application to criminal justice, many new and exciting features of this forensic science has surfaced. The primary concern for environmental health grew into a science that could benefit criminal law. How chemicals affect the living and how these chemicals react to one’s one biological structure to create illness or death brought about the demand for toxicology. When being used as a forensic science for the criminal justice field, toxicology has undergone major changes to elicit better and more efficient tools for analysis.
The first simplistic theory of toxicology was introduced by Paracelus in 1493 when he imposed the idea that the dose makes the poison (Goldstein & Gallo, 2001). This idea catapulted the understanding that any chemical in overabundance could be harmful to biological systems. The author of the most impactful law of toxicology was Paré who developed the understanding of the specific effects that can occur from chemicals reacting to biological functions (Goldstein & Gallo, 2001). Paré initiated the first case study of this ideal in which prisoners would be tested to prove the damaging nature of some chemicals and the biological reactions that govern the principles of toxicology. This study, although inhumane and unjustified, resulted in the essence of hazardous toxins being recognized when given in high doses. Further down the line, it would become acceptable to test theories of toxic substances on animals rather than human subjects (Goldstein & Gallo, 2001).
Because there are over twenty one million substances documented in databases that can adversely affect the human body, new methods of identifying the harm of substances was becoming a desperate need in forensic science (Society of Toxicology, 2008). The Drug Abuse Warning Network founded in 1977 projected an enormous interest in toxicology. Hospital surveys done by the Drug Abuse Warning Network began to perpetuate alarming statistics in drug use. According to John and Joseph Fenton, “a survey of hospital emergency departments by DAWN showed an increase in heroine-related admission on the order of 44% between 1992 and 1993” (Fenton & Fenton, 2002). Additionally, cocaine-related admissions rose over 5% during the same timeframe while methamphetamine-related admissions rose a staggering 61% at this time (Fenton & Fenton, 2002). Further studies revealed distressing statistics on the use of alcohol, cigarettes, and other drugs by pregnant women and the detrimental effects on the fetus. This dilemma brought toxicology to the forefront to protect the health and well-being of citizens in conjunction with developing new methods of analyzing hazardous substances present during a crime.
The reactions of the body to certain substances vary so greatly that toxicology can be a tricky science. Additionally, the cause of death can be difficult to determine if more than one injury is the cause. In one particular case, a man named Donald Harvey worked as a nurse’s aide from 1983 to 1987. During this time, he killed several patients by suffocation, metal-based poisoning, and tranquilizers (Ramsland, 2004). This crime shocked the nation and revealed the sensitivity of time to toxicology and the possibility of differing causes of death posing a dilemma in a single crime.
The testing methods of toxicology have always been the crux of how hazardous chemicals were identified and analyzed (DeRosa, 1997). Development has rapidly increased in the late 20th century and early 21st century to make certain that these methods continuously improve for the purpose of environmental protection and the application of toxicology in the criminal justice field. With the understanding of alcohol and drug effects rising, the study of toxicology found new scientific methods for understanding these effects. Gas chromatography and spectrometry were the successful result of such understanding and the use of these methods boomed in the field of toxicology during the middle of the 20th century. By dissolving tissues in an acidic solution and using high-pressure gas chromatography for analysis, direct testing was enabled. Further testing methods such as immunoassay surfaced so that the best approach for detecting low drug levels would be possible without prior analytical methods (Saferstein, 2009). These effectual testing methods eliminated the need to go through the process of extraction, which often led to unstable results produced from tedious processes (Ramsland, 2004).
Analysis
Some major successes and failures colored the history of toxicology to the present time. The conception of toxicology began with the notion of the presence of toxins and quickly progressed to quantifying poisons. One famous case that occurred in the middle 20th century led to an understanding of the necessity of using time in the analysis of toxic substances and the ability for corpses to absorb toxic substances after death occurs. Marie Besnard was accused of killing twelve people with arsenic between 1929 and 1949 (Ramsland, 2004). Exhumation of the bodies revealed high levels of arsenic in each victim, however, only circumstantial evidence was gathered to indict Marie Besnard for the murders. During witness testimony of a toxicologist for the defense, a new theory came to light that arsenic could enter the hair of a corpse in the ground through anaerobic bacteria (Ramsland, 2004). Because of this theory, the toxicologist on the case had the burden of proving that the arsenic was administered before the burial of the victims. By exposing the hair of a victim to radioactivity for over twenty six hours, this element of the case could have been proven. However, because the toxicologist failed to expose the hair for the required length of time, Marie Besnard was acquitted (Ramsland, 2004). The outcome of this case proved to be unfortunate, but the mistakes of the toxicologist and the awareness of poison affecting a corpse made a significant contribution to toxicology and its application to future criminal cases.
Trial and error continues to mark the successes and failures of toxicology throughout history. Testing protocols have been the most blundering issue. During the early 20th century, early acute toxicity studies were done in a seven-day period (Kamrin, 1988). The continued failures of this method and the lack of results produced brought about the standard fourteen-day period protocol in the late 20th century. With all of the improvements in toxicology in the 21st century, time continues to be a limitation with testing because analysis can take several weeks. This is usually counterproductive to law enforcement as evidence needs to be gathered and analyzed quickly to allow a case to develop and investigation to continue.
The testing of animals perpetuated great success in the field of toxicology as well. Initially, results were constrained in the beginning stages of animal testing during the 20th century. Results varied greatly and the components of the chemicals did not produce consistent results. This propagated the understanding that diet, breeding conditions, and environmental issues had an effect on the results of the testing (Kamrin, 1988). This knowledge allowed toxicologists to have more control with testing conditions and to produce more accurate results.
Another instrumental case that involved forensic toxicology was that of Robert Curley. In 1991, Curly was admitted to the hospital on numerous occasions but doctors could not discern what the ailment was. Curley died after a month of puzzling symptoms and agonizing pain. Through examination, it was discovered that he had heavy levels of thallium in his system. Although it was evident that heavy metal exposure caused his death, investigators could not locate a suspect. Dr. Frederic Reiders, a private toxicologist, was solicited to use up-to-date toxicological examination techniques on the corpse. His breakthrough method of conducting a segmental analysis on the hair shaft to devise a timeline of thallium exposure and ingestion brought investigators to a known suspect (Ramsland, 2004). This method revolutionized the way in which analysis on corpses continued throughout the 20th century as it provided a new technique and incorporated this technique with criminal investigation.
The toxicology laboratory has been a major issue in this particular field of forensic science. Many attempts at laboratory development failed to present the kind of tools and analysis needed for criminal justice. As the shift began to change from environmental safety towards criminal investigation, toxicology went through major alterations. One of the foremost problems that occur within the laboratory is the timing in which a sufficient analysis for evidence can be provided. The knowledge of the importance of gas chromatography in the middle of the 20th century helped to motivate more powerful tools in the laboratory which eliminated failed toxicological results due to human error (California Department of Justice, 1999).
Advancements in Toxicology
Most theories on how to improve toxicological testing methods relied on more technological advances being applied to toxicology. Perhaps the most noteworthy development in toxicology became the increased modification of laboratories with an accreditation for toxicology. As stated by Rawat, et al., “advances in computer sciences and hardware combined with equally significant developments in molecular biology and chemistry are providing toxicology with a powerful new tool box” (Rawat, et. al, 2007, p. 1). The uncertainty of experimental testing was eagerly replaced by computational toxicology. The computed models manifested quickly in many laboratories to develop cross-extrapolation techniques that proved much more efficient in determining the presence of poisonous or toxic chemicals (Demchuk, et al., 2008). By allowing this method to evolve, toxicological evidence becomes more valid in the courtroom. Rather than rely on methods that provide analysis through long, painstaking testing that is conducted by perceived calculations, using a computer model reduces the margin of error. Most chemicals that cause death or illness when administered in abundance, such as morphine, do not decompose quickly (Adeyemi, et al., 2010). Therefore, proper analysis can be made with the accuracy of computer models in toxicology to present a better display of evidence in the courtroom to convict a suspect if poisoning is a factor.
Advancements continue in the 21st century as computer technology is utilized with the forensic science of toxicology. Chemical characterization is made possible by these advances. According to The National Research Council, “chemical characterization involves the compilation of data on physical and chemical properties, uses, environmental surveillance, fate and transport, and properties that relate to the potential for exposure, bioaccumulation, and toxicity” (National Research Council, 2007). Laboratories that support newer methods and more technological equipment have the opportunity to produce accurate results and gain new knowledge of more intricate techniques for the future.
Future
The criminal justice system thrives to prevent crime and prosecute criminals to prevent further harm to society. Forensic toxicology is a key component to the intentions of the criminal justice system and to crime investigation in particular. Chemical toxins cannot usually be detected with the naked eye and very rarely is evidence of toxic substances left at a crime-scene. Toxicology works diligently to detect such substances during a criminal investigation.
When a crime investigator properly collects and stores blood and tissue samples for analysis, a toxicologist performs the necessary methods to determine unusual chemical reactions in the biological systems of a body (Adeyemi, et al., 2010). The demands of toxicology, however, go beyond mere detection and analysis. A toxicologist must be able to work closely with police to provide expert opinion and predictions. One of the most comprehensive tools that will continue to advance toxicology for the benefit of police work is the Drug Recognition Expert program. This program offers a broad spectrum of drugs that may have been taken based on the effects of the nervous system. However, the Drug Recognition Expert program cannot provide specific drug possibilities based on an analysis (Saferstein, 2009). This program is essential to practical toxicology analysis but the limitations of this program deem this system unreliable on its own. In conjunction with the professional analysis of a forensic toxicologist, this program incorporates standardized methods for examining suspects to determine if drugs were ingested (Saferstein, 2009).
Police will continue to utilize methods of toxicology when working with the public. The breathalyzer is one mechanism that has provided to be an enormous contribution to the detection of alcohol use while driving. When police correctly administer this device, accurate results protect the suspect and potential victims from harm.
Toxicology is significant to police work because of the astronomical issues of drug and alcohol abuse in society. Furthermore, drug and alcohol abuse is connected closely with the committal of many crimes. The annual Bureau of Justice Statistics report shows that as much as 78% of some convicted criminals tested positive for drugs when incarcerated (National Drug Control Policy, 2000). Toxicology is the science that can connect police officers with the evidence needed of such drug and alcohol use. Other devices and mechanisms that may surface in the 21st century pertaining to toxicology and the detection of alcohol and drugs will undoubtedly benefit the future of police work.
Forensic science has flourished so readily in the 20th and 21st centuries that it has become indispensable to the criminal justice system. Evidence relies on the distinct accuracy that forensic evidence can provide. Toxicology has proven to be a huge contender in the field of criminal justice and has gone through scientific changes that amount to technological advances indispensable to police agencies and criminal investigators. Although limitations of forensic toxicology may delay possibilities, the advancements in this field are undeniably necessary for police to conduct proper investigations that lead to convictions in the courtroom now and in the future.
References
Adeyemi, A., Garelick, H., & Priest, N. (2010). A biokinetic model to describe the distribution and excretion of arsenic by man following acute and chronic intakes of arsenite/arsenate compounds by ingestion. Human and Experimental Toxicology, 29(11), Retrieved from http://proquest.umi.com/pqdweb?index=0&did=2166766171&SrchMode=1&sid=1&Fm t=6&Vinst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1288664995&clientId=74379.
California Department of Justice (1999). Toxicological analysis. Retrieved from http://www.cci.ca.gov/Reference/peb/peb8.pdf.
Demchuk, E., Ruiz, P., Wilson, J., Scinicariello, F., & Pohl, H. (2007). Computational toxicology methods in public health practice. Toxicology Mechanisms and Methods. Retrieved from http://gene.hsc.wvu.edu/data/08TMM.pdf.
DeRosa, C. (1997). Validation and regulatory acceptance of toxicological test methods. Retrieved from http://iccvam.niehs.nih.gov/docs/about_docs/validate.pdf.
Fenton, J., & Fenton, J. (2002). Toxicology: a case-oriented approach. New York: CRC Press.
Goldstein, B., Gallo, M. (2001). Paré's law: the second law of toxicology. Toxicological Sciences, 60(2), Retrieved from http://toxsci.oxfordjournals.org/content/60/2/194.full.
Hayes, A. (2008). Principles and methods of toxicology. New York: Taylor & Francis Group, LLC.
Hooper, M. (2002). History of toxicology. Retrieved from http://www.tiehh.ttu.edu/mhooper/Docs/1-History-of-Toxicology-06.pdf.
Kamrin, M. (1988). Toxicology: a primer on toxicology principles and applications. Chelsea, MI: Lewis Publishers, Inc.
National Drug Control Policy (2000). Drug-related crime. Retrieved from http://www.whitehousedrugpolicy.gov/publications/factsht/crime/index.html.
Ramsland, K. (2004). Forensic toxicology. Criminal Mind, Retrieved from http://www.trutv.com/library/crime/criminal_mind/forensics/toxicology/4.html.
Rawat, A., Gust, K., Deng, Y., Garcia-Reyero, N., & Quinn, M. (2008). Computational toxicology - a state of the science mini review. Toxicological Sciences, 103(1), Retrieved from http://toxsci.oxfordjournals.org/content/103/1/14.full.
Rudin, N., & Inman, K. (2002). Forensic science timeline. Retrieved from http://www.forensicdna.com/Timeline020702.pdf.
Saferstein, R. (2009). Criminalistics. Upper Saddle River, NJ: Pearson/Prentice Hall.
Society of Toxicology (2008). Society of toxicology strategic plan. Retrieved from http://www.toxicology.org/ai/asot/SOTStrategicPlan.pdf.
Monday, September 27, 2010
Sexual Predator Prosecution in Utah ©
Sexual Predator Prosecution in Utah
Sexual crimes are rampant in society and continue to pose an alarming threat. It is important for states to implement laws and statutes that support proper punishments for sex offense crimes and help to prevent the further threat of such offenses. The ways in which these crimes are interpreted and punished have much to do with the jurisdiction. Utah is known for implementing tough sex offense laws and criminal codes, continually changing sentencing and penalties as crimes become more evidently dangerous, and maintaining a position of no tolerance towards sexual predators.
Utah has a steadfast approach to punishing sexual predators and the behaviors associated with sex offenses. The Legislature of Utah seemingly recognizes that sexual offenses and the mere threat of these crimes can stifle the physiological, social and emotional well-being of victims. By executing strict codes that protect victims and uphold the highest possible punishment for sexual predators, Utah aims to make sexual offenses serious crimes with major consequences even after the sentencing is imposed. Utah participates in the sex offender registry program in which sex offenders can be located and the crimes they committed can be publicized. Habitual offenders receive harsh punishments in Utah while the criminal codes involving sex crimes are updated and changed to reflect the growing needs of keeping offenders away from society.
Predacious actions seem to be outlined in the codes of Utah and conduct considered to be predatory is punished with harsher sentences reflecting the habitual behavior of offenders. Most crimes involving illegal sexual conduct will impose a felony conviction and in some minor incidents, a misdemeanor. In Title 75, Chapter 5 under Sexual Abuse of a Minor, a class A misdemeanor will result from any sexual abuse against a child over the age of fourteen that does not amount to rape (Utah Criminal Code, 1998). If rape of a child does occur, the penalty is a first degree felony with a punishment of no less than 25 years, and if physical injury or harm results from the rape, life without the possibility of parole is an option (Utah Criminal Code, 2008). In Title 76, Chapter 5 under Object Rape, if a forcible rape occurs with an object against another person, a first degree felony will be the result with a minimum of five years and up to life imprisonment (Utah Criminal Code, 2008). Sodomy will result in a class B misdemeanor and will warrant a minimum of 5 years in prison (Utah Criminal Code, 2007). If a person is convicted of the serious crime of aggravated sexual assault, the penalty will be a first degree felony with a conceivable sentence of life without the possibility of parole (Utah Criminal Code, 2009). Any combination of misdemeanor or felony sexual offenses will result in much harsher punishments that may include life imprisonment without the possibility of parole (Utah Criminal Code, 2001). In 2007, The Legislature of Utah amended many of the already tough laws against sex offenses, particularly inspired by Jessica’s Law (Gordon, 2008). In accordance with House Bill 89 (2008) there is an expansion of the list of offenses which prohibit probation. This ensures that a variety of serious sex offenses are treated aggressively and keeps the offender incarcerated. Additionally, House Bill 89 (2008) includes increased penalties for sex offenses and life without the possibility of parole for serious repeat sex offenders who demonstrate predatory conduct.
Utah currently takes part in indeterminate sentencing in which the judge has discretion in sentencing a defendant to a range of time established by statutes (Utah Sentencing Commission, 2010). While indeterminate sentencing gives the judge more decision making power than mandatory sentencing would, the Board of Pardons and Parole has more discretion than the judge. This Board decides the length of time an offender stays in prison based primarily on the improvements made by defendant while incarcerated and the seriousness of the offense (Utah Sentencing Commission, 2010). Before the adaptation of this type of sentencing, Utah utilized mandatory sentencing for sex offenses against children back in 1983. However, mandatory sentencing was abolished in 1996 because it became apparent that it was ineffective for the goals of sentencing in Utah (Utah Sentencing Commission, 2006). As stated by the Utah Sentencing Commission, “considerable experience and research indicated mandatory minimums for sex offenses were failing Utah’s justice system, its citizens, and most importantly, the vulnerable victims these mandatory minimum sentences were designed to protect” (Utah Sentencing Commission, 2006, p. 3). A main concern was that the defendants had nothing to lose by going to trial and children were forced to re-live the horrific aspects of their alleged assault in court. After repealing mandatory sentencing and adopting indeterminate sentencing, research has shown that Utah is convicting more sex offenders of first degree felonies and first degree felony sex offense admissions are dramatically increasing (Utah Sentencing Commission, 2006). Furthermore, there are fewer trials for sex offenses as defendants seem to be entering pleas before trial due to the unforgiving method of sentencing that has now been acquired (Utah Sentencing Commission, 2006). This cuts costs associated with trying defendants, makes Utah safer with harsher punishments for sexual predators, and reduces the unnecessary strife of victims and their families.
While the Utah Criminal Code clearly has an abundance of codes aimed to punish sexual offenses that include physical contact, some codes also reflect a disdain against solicitation and attempt of illegal sexual contact. In Title 78, Chapter 5 of the Utah Criminal Code, it states that any person who displays sexually explicit conduct through acts or simulation of masturbation, bestiality, sadistic or masochistic activities, or lascivious exhibition of the genitals or pubic areas of any person will be punished (Utah Criminal Code, 2001). Moreover, Utah has clearly updated the criminal codes to reflect the times in which we live and match the progressive crimes that can occur with ageless sexual acts. In Title 76, Chapter 4 of the Utah Criminal Code, it is prohibited to attempt to lure, seduce, or entice a minor through text messages or the internet (Utah Criminal Code, 2001). Other sexual acts that may not involve physical contact are punished by the state of Utah through various criminal codes. Most of these codes involve crimes against minors. Within Title 76, Chapter 5 of the Utah criminal code, it states that any person guilty of sexual exploitation of a minor by knowingly producing, distributing, possessing or possessing with intent to distribute, child pornography shall receive a felony of the second degree (Utah Criminal Code, 2001). By imposing penalties on crimes that solicit sexual acts, Utah shows that the state looks down upon any actions or behaviors that could cause harm to victims through means other than actual physical contact.
Sexual offenses are horrendous crimes against a person as well as society. Sexual predators continually pose a threat that must be corrected through strong sentencing practices and harsh punishments. Although Utah does impose misdemeanor penalties for some sex offenses, the majority of crimes that can be construed as sexual offenses will bring about a first degree felony and in some cases a possible life sentence. These criminal codes display harsh punishments that fit the crime. By continuing to amend the criminal codes to adhere with the ever-changing crimes that can and do occur, Utah has proven to aim for successful codification and just punishments for the unspeakable acts that are involved with sexually predacious behavior.
References
Gordon, R. (2008). Jessica's law: Utah's approach to sex offenders. Retrieved from http://www.sentencing.utah.gov/Policy/JessicasLawUpdate.
RAINN. (2009). Utah. Retrieved from http://www.rainn.org/pdf-files-and-other-
documents/Public-Policy/Legal-resources/2009-Statutes/09UtahStatutes.pdf.
Utah Sentencing Commission. (2006). A statement regarding Utah's indeterminate sentencing system. Retrieved from http://www.sentencing.utah.gov/Policy/IndetermSentPosition.pdf.
Utah Sentencing Commission. (2010). Utah sentencing commission: frequently asked questions. Retrieved from http://www.sentencing.utah.gov/FAQ.html#link3.
Utah Criminal Code Title 76, Chapter 5 Offenses Against the Person (2001).
Utah Criminal Code Title 76, Chapter 5, § 401.1 (1998).
Utah Criminal Code Title 76, Chapter 5, § 402.1 (2008).
Utah Criminal Code Title 76, Chapter 5, § 403 (2007).
Utah Criminal Code Title 76, Chapter 5, § 405 (2009).
Wimmer, C. (2008). Criminal penalties amendments-including Jessica's law. Retrieved from http://le.utah.gov/~2008/bills/hbillint/hb0256.htm
Sexual crimes are rampant in society and continue to pose an alarming threat. It is important for states to implement laws and statutes that support proper punishments for sex offense crimes and help to prevent the further threat of such offenses. The ways in which these crimes are interpreted and punished have much to do with the jurisdiction. Utah is known for implementing tough sex offense laws and criminal codes, continually changing sentencing and penalties as crimes become more evidently dangerous, and maintaining a position of no tolerance towards sexual predators.
Utah has a steadfast approach to punishing sexual predators and the behaviors associated with sex offenses. The Legislature of Utah seemingly recognizes that sexual offenses and the mere threat of these crimes can stifle the physiological, social and emotional well-being of victims. By executing strict codes that protect victims and uphold the highest possible punishment for sexual predators, Utah aims to make sexual offenses serious crimes with major consequences even after the sentencing is imposed. Utah participates in the sex offender registry program in which sex offenders can be located and the crimes they committed can be publicized. Habitual offenders receive harsh punishments in Utah while the criminal codes involving sex crimes are updated and changed to reflect the growing needs of keeping offenders away from society.
Predacious actions seem to be outlined in the codes of Utah and conduct considered to be predatory is punished with harsher sentences reflecting the habitual behavior of offenders. Most crimes involving illegal sexual conduct will impose a felony conviction and in some minor incidents, a misdemeanor. In Title 75, Chapter 5 under Sexual Abuse of a Minor, a class A misdemeanor will result from any sexual abuse against a child over the age of fourteen that does not amount to rape (Utah Criminal Code, 1998). If rape of a child does occur, the penalty is a first degree felony with a punishment of no less than 25 years, and if physical injury or harm results from the rape, life without the possibility of parole is an option (Utah Criminal Code, 2008). In Title 76, Chapter 5 under Object Rape, if a forcible rape occurs with an object against another person, a first degree felony will be the result with a minimum of five years and up to life imprisonment (Utah Criminal Code, 2008). Sodomy will result in a class B misdemeanor and will warrant a minimum of 5 years in prison (Utah Criminal Code, 2007). If a person is convicted of the serious crime of aggravated sexual assault, the penalty will be a first degree felony with a conceivable sentence of life without the possibility of parole (Utah Criminal Code, 2009). Any combination of misdemeanor or felony sexual offenses will result in much harsher punishments that may include life imprisonment without the possibility of parole (Utah Criminal Code, 2001). In 2007, The Legislature of Utah amended many of the already tough laws against sex offenses, particularly inspired by Jessica’s Law (Gordon, 2008). In accordance with House Bill 89 (2008) there is an expansion of the list of offenses which prohibit probation. This ensures that a variety of serious sex offenses are treated aggressively and keeps the offender incarcerated. Additionally, House Bill 89 (2008) includes increased penalties for sex offenses and life without the possibility of parole for serious repeat sex offenders who demonstrate predatory conduct.
Utah currently takes part in indeterminate sentencing in which the judge has discretion in sentencing a defendant to a range of time established by statutes (Utah Sentencing Commission, 2010). While indeterminate sentencing gives the judge more decision making power than mandatory sentencing would, the Board of Pardons and Parole has more discretion than the judge. This Board decides the length of time an offender stays in prison based primarily on the improvements made by defendant while incarcerated and the seriousness of the offense (Utah Sentencing Commission, 2010). Before the adaptation of this type of sentencing, Utah utilized mandatory sentencing for sex offenses against children back in 1983. However, mandatory sentencing was abolished in 1996 because it became apparent that it was ineffective for the goals of sentencing in Utah (Utah Sentencing Commission, 2006). As stated by the Utah Sentencing Commission, “considerable experience and research indicated mandatory minimums for sex offenses were failing Utah’s justice system, its citizens, and most importantly, the vulnerable victims these mandatory minimum sentences were designed to protect” (Utah Sentencing Commission, 2006, p. 3). A main concern was that the defendants had nothing to lose by going to trial and children were forced to re-live the horrific aspects of their alleged assault in court. After repealing mandatory sentencing and adopting indeterminate sentencing, research has shown that Utah is convicting more sex offenders of first degree felonies and first degree felony sex offense admissions are dramatically increasing (Utah Sentencing Commission, 2006). Furthermore, there are fewer trials for sex offenses as defendants seem to be entering pleas before trial due to the unforgiving method of sentencing that has now been acquired (Utah Sentencing Commission, 2006). This cuts costs associated with trying defendants, makes Utah safer with harsher punishments for sexual predators, and reduces the unnecessary strife of victims and their families.
While the Utah Criminal Code clearly has an abundance of codes aimed to punish sexual offenses that include physical contact, some codes also reflect a disdain against solicitation and attempt of illegal sexual contact. In Title 78, Chapter 5 of the Utah Criminal Code, it states that any person who displays sexually explicit conduct through acts or simulation of masturbation, bestiality, sadistic or masochistic activities, or lascivious exhibition of the genitals or pubic areas of any person will be punished (Utah Criminal Code, 2001). Moreover, Utah has clearly updated the criminal codes to reflect the times in which we live and match the progressive crimes that can occur with ageless sexual acts. In Title 76, Chapter 4 of the Utah Criminal Code, it is prohibited to attempt to lure, seduce, or entice a minor through text messages or the internet (Utah Criminal Code, 2001). Other sexual acts that may not involve physical contact are punished by the state of Utah through various criminal codes. Most of these codes involve crimes against minors. Within Title 76, Chapter 5 of the Utah criminal code, it states that any person guilty of sexual exploitation of a minor by knowingly producing, distributing, possessing or possessing with intent to distribute, child pornography shall receive a felony of the second degree (Utah Criminal Code, 2001). By imposing penalties on crimes that solicit sexual acts, Utah shows that the state looks down upon any actions or behaviors that could cause harm to victims through means other than actual physical contact.
Sexual offenses are horrendous crimes against a person as well as society. Sexual predators continually pose a threat that must be corrected through strong sentencing practices and harsh punishments. Although Utah does impose misdemeanor penalties for some sex offenses, the majority of crimes that can be construed as sexual offenses will bring about a first degree felony and in some cases a possible life sentence. These criminal codes display harsh punishments that fit the crime. By continuing to amend the criminal codes to adhere with the ever-changing crimes that can and do occur, Utah has proven to aim for successful codification and just punishments for the unspeakable acts that are involved with sexually predacious behavior.
References
Gordon, R. (2008). Jessica's law: Utah's approach to sex offenders. Retrieved from http://www.sentencing.utah.gov/Policy/JessicasLawUpdate.
RAINN. (2009). Utah. Retrieved from http://www.rainn.org/pdf-files-and-other-
documents/Public-Policy/Legal-resources/2009-Statutes/09UtahStatutes.pdf.
Utah Sentencing Commission. (2006). A statement regarding Utah's indeterminate sentencing system. Retrieved from http://www.sentencing.utah.gov/Policy/IndetermSentPosition.pdf.
Utah Sentencing Commission. (2010). Utah sentencing commission: frequently asked questions. Retrieved from http://www.sentencing.utah.gov/FAQ.html#link3.
Utah Criminal Code Title 76, Chapter 5 Offenses Against the Person (2001).
Utah Criminal Code Title 76, Chapter 5, § 401.1 (1998).
Utah Criminal Code Title 76, Chapter 5, § 402.1 (2008).
Utah Criminal Code Title 76, Chapter 5, § 403 (2007).
Utah Criminal Code Title 76, Chapter 5, § 405 (2009).
Wimmer, C. (2008). Criminal penalties amendments-including Jessica's law. Retrieved from http://le.utah.gov/~2008/bills/hbillint/hb0256.htm
Monday, September 6, 2010
Juvenile Delinquency and the Juvenile Mediation Program
Juvenile Delinquency and the Juvenile Mediation Program
Jeannette Villatoro
Crime Prevention BLH1032A
Jennifer Hacker
September 6, 2010
Juvenile Delinquency and the Juvenile Mediation Program
Crime is a matter that has plagued society since the beginning of documented time. Crime originates in vast proportions and alarmingly stems from childhood. Traumatic events and less than ideal life circumstances perpetuate severe damage in juveniles and provide explanation for delinquency. Crimes committed by juveniles pose a distressing threat to society as a whole. Preventing crime continues to be a staple intention within the field of law enforcement. By evaluating the effects that juvenile delinquency has on the community and closely connecting that community with the rehabilitation process of juveniles, programs such as the Juvenile Mediation Program can become a necessary force to eradicate juvenile delinquency and the causes of such a problematic dilemma.
History
Juvenile delinquency has been a serious problem in society throughout the ages. Particularly during the American Revolution, the justice system was stalwartly influenced by England (Bartollas, & Miller, 2008). The code in which to punish criminals was unsteady at best without any formal reason governing how to deter and punish crime. Men, women, juveniles, and the insane were commonly thrust together in prisons and jails (Bartollas, & Miller, 2008). This haphazard approach led to much disarray within the justice system. Transition proceeded to elicit hope within the broken justice system during the early 1800s when rural life was dissipating and delinquency was on the rise (Bartollas, & Miller, 2008).
Slow-churning change weaved in and out of the justice system in a manic fashion to try and solve the delinquency problem that was spreading among communities. It was quickly realized that life at home bore many consequences for juveniles, as psychological analysis and psychiatry began to advance more quickly. Social reform began to explode in the nineteenth century and this perpetuated many facilities for delinquent and troubled youths (Bartollas, & Miller, 2008). This brought a new understanding about the sensitive needs of juveniles and the importance of rehabilitation. The first juvenile court in the United States was launched in Cook County, Illinois in 1899 (Bartollas, & Miller, 2008). Cases were handled as non-criminal and programs were put into practice to aid in deterring juveniles from following a criminal path. This encouraged other states to follow suit and the juvenile justice system was flourishing a century later.
The juvenile justice system started to work out the kinks around the 1960s after the Supreme Court began to hear some cases and ruled in ways that would significantly shape juvenile justice. The first case heard by the Supreme Court was Kent v. United States, 383 U.S. 541 (1966). This case involved the violation of rights of the defendant and subsequently influenced the activation of due process in juvenile court (Bartollas, & Miller, 2008). From this point forward, it has been a dire focus to implement the proper rights to juvenile defendants to ensure justice. Through a glum view of the history of juvenile justice and the many failures that has led to pestilence, it is clear that innovative techniques must be implemented with powerful strategies to combat juvenile delinquency.
According to Mike Castle, the findings of the U.S. Office of Juvenile Justice and Delinquency Prevention show that “police annually arrest approximately 2.2 million juveniles; 1.7 million cases are referred to juvenile courts; an estimated 400,000 young people cycle through juvenile detention centers; and about 100,000 youth are detained in juvenile jails, prisons, boot camps, and other residential facilities each night” (Castle, 2010, p.1). Additionally, according to Congress, juveniles accounted for 13% of all drug abuse violations in 1999 (Juvenile Justice and Delinquency Prevention Office, 2002). These staggering facts show that the effects of juvenile delinquency are plentiful. Juveniles suffer from criminal behavior, as do their families, their victims and the victim’s families, as well as society and the justice system. Therefore, the betterment of the juvenile justice system is a concern for society as a whole, not excluding the individuals affected directly by a particular criminal act or juvenile delinquent.
It is difficult for a young juvenile offender to see the broader picture of their criminal behavior. Yet, society as a whole suffers greatly from the crimes of juveniles. The social and financial repercussions of juvenile crimes are immense. As stated by the Office of Juvenile Justice and Delinquency Prevention, “allowing one youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually” (Juvenile Justice and Delinquency Prevention Office, 2002, p.4). Because influence is a strong factor in the lives of juveniles, siblings of delinquents and other youths associated with a juvenile delinquent may be negatively persuaded to enact similar crimes. When the juvenile exuding criminal behavior becomes an adult, it is highly likely he or she will continue crime if not properly rehabilitated. This will cause more financial burden to society and will perpetuate more generations of juvenile delinquents stemming from the kin of that particular criminal (Taylor, et al., 2010). Therefore, it is quite momentous to develop prevention strategies while a juvenile delinquent is still young and the criminal activity is just beginning as to eradicate the unnecessary but inevitable corollaries that will be a result.
Juvenile Mediation Program
Juvenile justice is a sensitive area because of the nature of the offenders. Juveniles are not fully developed intellectually, socially, or physically and this poses a difficulty for the juvenile justice system. Typically, the United States has been known for utilizing punishment as the general instrument for justice for over forty years. However, studies have shown that punishment alone promotes failure in preventing juvenile crime and even shows a destructive pattern of backfiring (Taylor, et al., 2010). Consequently, it is indispensable to acknowledge the special circumstances that help attract juveniles to criminal tendencies. Preventing these patterns of destructive behavior is surely a difficult challenge.
One simple but effective milestone in defeating this seemingly stringent string of delinquent acts and behaviors is that of mediation. The utilization of mediation particularly among juvenile offenders has shown to be an effective tool for fighting recidivism (Champion, 2007). While some crime prevention programs strictly target preventing crime from all of society, the Juvenile Mediation Program is one of those rare programs that focus on specific deterrence. Each individual offender is the key component to the program and preventing further crime from occurring is the goal of an intervention of mediation. Providing a neutral process that allows individual parties to work out their differences provides much more than mere conflict resolution where juvenile delinquency is concerned. It provides a sense of responsibility, adequate conflict techniques, and it aids in showing juveniles that violence and crime are not the answers to dilemmas. All of these factors have been proven to be necessary tools to avoid juvenile delinquency.
The Juvenile Mediation Program was established in 1997 and continues to flourish in six separate counties and has become promising enough to guarantee an adoption from other jurisdictions in the United States (Champion, 2007). As stated by Champion, “the program staff includes a program director, program coordinator and two case managers” and the staff is made up of volunteers (Champion, 2007, p. 426). Status and nonviolent juvenile offenders are eligible to participate and there are no fees for the juveniles to belong to the mediation program (Champion, 2007). Victims of juvenile crime are encouraged to participate in the mediation process if it is desired and appropriate (Champion, 2007).
Mediation is an element of restorative justice that shows promise and gentle movement. Although it is not a legal process, the Juvenile Mediation Program is an alternative to regular court that allows the offenders to work out issues and decide on a proper course of action (Champion, 2007). Mediation helps to lessen the need for court appearances by juveniles which cuts costs tremendously. In addition, it has been shown that juveniles are both intimidated and discouraged by the formal court system and the presence of a judge, possibly compromising rehabilitation (Cohen & Piquero, 2009). The juvenile must admit guilt of the offense and waive his or her rights which constitute a waiver of legal proceedings and having witnesses or a lawyer present (Champion, 2007).
The objectives of the mediation are to provide counseling, resolution, and rehabilitation measures to the juvenile offender (Dixon, 2010). A dialogue begins about the offense and the consequences that have or will occur because of the infraction. The offender has the ability to participate in the process and this allows the juvenile to understand cause and effect and how to resolve issues without criminal mischief. A written contract is then negotiated for the families of the offender and the mediator monitors the juvenile’s progress of the conditions of the contract (Champion, 2007). Because of the nature of the offenses which can be anything from truancy, curfew violations, drug possession, shoplifting, and assault, the mediation program aims to pursue prevention methods that deal directly with the aspects of the offense (Champion, 2007). Elements such as counseling, substance abuse programs, restitution, community service, and behavior management may be significant aspects of the contract (Champion, 2007). Evaluations are reported on a regular basis to ensure implementation of the necessary requirements of the juvenile offender.
The Juvenile Mediation Program is unique because it relates to specific crime deterrence of each individual after an offense was committed. Moreover, the Juvenile Mediation Program readily associates with techniques utilized by law enforcement agencies to evaluate and prevent future crime. One of these tools is the crime triangle, in which the evolution of crime is easily explained. Three elements are highlighted such as desire, target, and opportunity (Hurtt, 2009). The idea is that if one of these elements is destroyed, the criminal act may cease to happen (Hurtt, 2009). The most effective strategy that mediation aims for is that of reducing desire. When a juvenile offender has a desire to commit an offense, there is usually a lack of understanding of consequences along with a myriad of other underlying issues in that juvenile’s life. Mediation does occur after a crime is committed, but because the likelihood of a juvenile reoffending is great, reducing desire helps to demolish the cycle of crime, thus preventing crime in a most vigorous way.
Analysis of Success
Since inception, mediation programs aimed at juvenile offenses have gathered recognition in the law enforcement community. Although mediation seems to be a mild form of crime prevention, it indeed serves the purpose quite well. In fact, it is purported that nearly 17% of all arrests in the United States in 2002 were juveniles (Koffman, et al., 2009). This alarming statistic generates a major concern as it shows that juvenile crime is a meaty proportion of all crime in the United States. Furthermore, statistics have shown that at least 35% of juveniles arrested for an offense continue criminal behavior in their adult lives (Koffman, et al., 2009). Programs such as mediation help to provide alternative means of crime prevention than formal legal proceedings. It allows the special nature of juvenile issues to be handled in a way that protects and supports the juvenile. Mediation provides incentives for juveniles to do better as the juvenile offender is more directly liable to the victims, families of the juvenile, and the community in which the offense was committed.
According to a study of mediators in the Juvenile Mediation Program, 70% claim they believe they have changed the lives of the juveniles and provided excellent resolutions to the issues that were mediated (Dixon, 2010). Furthermore, in 1997 findings showed that the Juvenile Mediation Program had a 93% successful mediation rate (Champion, 2007). One study assessed the number of court appearances and user satisfaction in comparison to a control group that consisted of traditional litigation (DiPentima, 2009). In these randomly assigned cases, the results showed that the average number of court appearances were lower for the experimental group of mediation cases (DiPentima, 2009). Additionally, the average time to complete the process was much lower for the mediation group with an average of eighteen days less (DiPentima, 2009). The results significantly showed less recidivism for the experimental group consisting of mediation cases rather than traditional litigation for juveniles (DiPentima, 2009). In addition to the staunch success of the program, financial relief is a major component to the Juvenile Mediation Program. Shockingly, it was discovered that $3,227,798 would be saved by instituting juvenile mediation services. Finally, one particular meta-analytic review of an experimental study involving a fusion of intervention and mediation programs showed a 75% diminution of delinquency among the juvenile participants (Piquero, et al., 2009). These statistics show an enormous growth in juvenile crime prevention through mediation.
Effectiveness and Societal Impact
The effectiveness of the Juvenile Mediation Program shines prominently through the statistical analysis of success. Yet the effectiveness reaches far beyond simple crime prevention and specific deterrence. The influence of caring authorities such as mediators and other staff of the Juvenile Mediation Program have a significant bearing on the juvenile’s perception of criminal behavior and future life goals. Mediation is a more personal and impactful experience than a traditional court hearing in which the juvenile may feel more like a number in an assembly line. A juvenile offender in the mediation process is treated with more respect, recognition, and trust that their behavior and actions can and will change. The juvenile offender has a realization that the offense and behaviors he or she adopted has ramifications beyond the scope of justice. Victim participation, family intervention, and probationary follow-up provide a connection of successful rehabilitation in a manner that the juvenile can readily understand and accept.
When a juvenile is recovered from criminal tendencies, a society will continue to flourish in immeasurable ways. Because it has been realized that juvenile delinquency is commonly replicated in communities just by peer initiative alone, the reduction of such behavior is a necessity for a safe community to abound (Castle, 2010). Furthermore, the onset of juvenile crime promises an even more disturbing onset of crime in society. By focusing on specific crime deterrence through one-on-one programs such as the Juvenile Mediation Program, society is taking a responsibility in our youth, the lives of civilians, and the future that we expect to inherit.
Future
Juvenile delinquency has been, and will continue to be a continuous threat to future generations. It is highly important to develop creative techniques to prevent juvenile delinquency. Juvenility is a sensitive time in the life of a person; a time in which comprehensive change is possible and a lack of positive change is detrimental. Predictably, new measures of handling juveniles and guaranteeing juvenile rights will be fine-tuned in the court systems over the next century. The Juvenile Mediation Program is the innovator of such measures and promises a future of better handling of juvenile cases. An expansion of the Juvenile Mediation Program is expected to occur in other counties, districts, and states throughout the United States (Champion, 2007). In order for this development to transpire, there needs to be advancements within the program to ensure success. More comprehensive studies will have to be implemented to continue to monitor and evaluate the success of juvenile mediation. It is predicted that the use of information technology to develop the program further may ensue based on study results and real case analysis (Champion, 2007). Once these advancements can be made, success may be more prominent and obvious when compared with the traditional methods of handling juvenile cases.
For juveniles today, the traditions and patterns that transition a child through adolescence and adulthood are obscured with many negative factors. Because of the nature of juveniles, the way juvenile offenders are handled has been recently recognized as the key component to crime prevention. Juvenile delinquency is a community and societal problem that continues to become an increasingly staggering threat. By connecting victims, families, communities, and offenders together to resolve issues, responsibility and understanding is required and therefore exercised. With careful handling of juvenile offenders, the Juvenile Mediation Program has provided an alternative to court sentencing in a manner that rehabilitates juveniles and the community while initiating recognition that is necessary to prevent crime in the future. The promising future of juvenile mediation is one to be expected, relied on, and fully supported.
References
Bartollas, C., & Millers, S. (2008). Juvenile justice in America (fifth edition). Upper
Saddle River, NY: Pearson/Prentice Hall.
Castle, M. (2010). The Safety of our youth. Ripon Forum, 44(2), Retrieved from
http://proquest.umi.com/pqdweb?did=2049603271&sid=2&Fmt=3&clientId=74379&RQ T=309&VName=PQD.
Champion, D. (2007). Crime prevention in America. Upper Saddle River, NJ: Pearson/Prentice Hall.
Cohen, M., & Piquero, A. (2009). New evidence on the monetary value of saving a high
risk youth. Journal of Quantitative Criminology, 25(1), Retrieved from http://proquest.umi.com/pqdweb?index=0&did=1651872701&SrchMode=1&sid=14&F mt=6&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1277770183&clien tId=74379.
DiPentima, N. (2009). Useful information about dispute resolution. Retrieved from http://bostonlawcollaborative.com/blc/resources/useful-information-about-dispute- resolution.html.
Dixon, B. (2010). Juvenile victim/offender mediation program. Retrieved from http://www.fccourts.org/drj/juvmed.html.
Hurtt, H. (2009). Crime triangle. Retrieved from http://www.houstontx.gov/police/pdfs/personal_safety-042108.pdf.
Koffman, S., Ray, A., Berg, S., Covington, L., & Albarran, N. (2009). Impact of a
comprehensive whole child intervention and prevention program among youths at risk of gang involvement and other forms of delinquency. Children and Schools, 31(4), Retrieved from http://proquest.umi.com/pqdweb?did=1864796221&sid=4&Fmt=3&clientId=74379&RQ T=309&VName=PQD.
Office of Juvenile Justice and Delinquency Prevention (2010). Statistical briefing book. Retrieved from http://ojjdp.ncjrs.gov/ojstatbb/default.asp.
Piquero, A., Farrington, D., Welsh, B., Tremblay, R., & Jennings, W. (2009). Effects of
early family/parent training programs on antisocial behavior and delinquency. Journal of Experimental Criminology, 5(2), Retrieved from http://proquest.umi.com/pqdweb?index=0&did=1893061531&SrchMode=1&sid=9&Fmt =6&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1277769306&clientI d=74379.
Taylor, B., Stein, N., & Burden, F. (2010). The Effects of gender violence/harassment
prevention programming in middle schools: a randomized experimental evaluation. Violence and Victims, 25(2), Retrieved from http://proquest.umi.com/pqdweb?did=2033974271&sid=3&Fmt=3&clientId=74379&RQ T=309&VName=PQD.
Jeannette Villatoro
Crime Prevention BLH1032A
Jennifer Hacker
September 6, 2010
Juvenile Delinquency and the Juvenile Mediation Program
Crime is a matter that has plagued society since the beginning of documented time. Crime originates in vast proportions and alarmingly stems from childhood. Traumatic events and less than ideal life circumstances perpetuate severe damage in juveniles and provide explanation for delinquency. Crimes committed by juveniles pose a distressing threat to society as a whole. Preventing crime continues to be a staple intention within the field of law enforcement. By evaluating the effects that juvenile delinquency has on the community and closely connecting that community with the rehabilitation process of juveniles, programs such as the Juvenile Mediation Program can become a necessary force to eradicate juvenile delinquency and the causes of such a problematic dilemma.
History
Juvenile delinquency has been a serious problem in society throughout the ages. Particularly during the American Revolution, the justice system was stalwartly influenced by England (Bartollas, & Miller, 2008). The code in which to punish criminals was unsteady at best without any formal reason governing how to deter and punish crime. Men, women, juveniles, and the insane were commonly thrust together in prisons and jails (Bartollas, & Miller, 2008). This haphazard approach led to much disarray within the justice system. Transition proceeded to elicit hope within the broken justice system during the early 1800s when rural life was dissipating and delinquency was on the rise (Bartollas, & Miller, 2008).
Slow-churning change weaved in and out of the justice system in a manic fashion to try and solve the delinquency problem that was spreading among communities. It was quickly realized that life at home bore many consequences for juveniles, as psychological analysis and psychiatry began to advance more quickly. Social reform began to explode in the nineteenth century and this perpetuated many facilities for delinquent and troubled youths (Bartollas, & Miller, 2008). This brought a new understanding about the sensitive needs of juveniles and the importance of rehabilitation. The first juvenile court in the United States was launched in Cook County, Illinois in 1899 (Bartollas, & Miller, 2008). Cases were handled as non-criminal and programs were put into practice to aid in deterring juveniles from following a criminal path. This encouraged other states to follow suit and the juvenile justice system was flourishing a century later.
The juvenile justice system started to work out the kinks around the 1960s after the Supreme Court began to hear some cases and ruled in ways that would significantly shape juvenile justice. The first case heard by the Supreme Court was Kent v. United States, 383 U.S. 541 (1966). This case involved the violation of rights of the defendant and subsequently influenced the activation of due process in juvenile court (Bartollas, & Miller, 2008). From this point forward, it has been a dire focus to implement the proper rights to juvenile defendants to ensure justice. Through a glum view of the history of juvenile justice and the many failures that has led to pestilence, it is clear that innovative techniques must be implemented with powerful strategies to combat juvenile delinquency.
According to Mike Castle, the findings of the U.S. Office of Juvenile Justice and Delinquency Prevention show that “police annually arrest approximately 2.2 million juveniles; 1.7 million cases are referred to juvenile courts; an estimated 400,000 young people cycle through juvenile detention centers; and about 100,000 youth are detained in juvenile jails, prisons, boot camps, and other residential facilities each night” (Castle, 2010, p.1). Additionally, according to Congress, juveniles accounted for 13% of all drug abuse violations in 1999 (Juvenile Justice and Delinquency Prevention Office, 2002). These staggering facts show that the effects of juvenile delinquency are plentiful. Juveniles suffer from criminal behavior, as do their families, their victims and the victim’s families, as well as society and the justice system. Therefore, the betterment of the juvenile justice system is a concern for society as a whole, not excluding the individuals affected directly by a particular criminal act or juvenile delinquent.
It is difficult for a young juvenile offender to see the broader picture of their criminal behavior. Yet, society as a whole suffers greatly from the crimes of juveniles. The social and financial repercussions of juvenile crimes are immense. As stated by the Office of Juvenile Justice and Delinquency Prevention, “allowing one youth to leave school for a life of crime and of drug abuse costs society $1,700,000 to $2,300,000 annually” (Juvenile Justice and Delinquency Prevention Office, 2002, p.4). Because influence is a strong factor in the lives of juveniles, siblings of delinquents and other youths associated with a juvenile delinquent may be negatively persuaded to enact similar crimes. When the juvenile exuding criminal behavior becomes an adult, it is highly likely he or she will continue crime if not properly rehabilitated. This will cause more financial burden to society and will perpetuate more generations of juvenile delinquents stemming from the kin of that particular criminal (Taylor, et al., 2010). Therefore, it is quite momentous to develop prevention strategies while a juvenile delinquent is still young and the criminal activity is just beginning as to eradicate the unnecessary but inevitable corollaries that will be a result.
Juvenile Mediation Program
Juvenile justice is a sensitive area because of the nature of the offenders. Juveniles are not fully developed intellectually, socially, or physically and this poses a difficulty for the juvenile justice system. Typically, the United States has been known for utilizing punishment as the general instrument for justice for over forty years. However, studies have shown that punishment alone promotes failure in preventing juvenile crime and even shows a destructive pattern of backfiring (Taylor, et al., 2010). Consequently, it is indispensable to acknowledge the special circumstances that help attract juveniles to criminal tendencies. Preventing these patterns of destructive behavior is surely a difficult challenge.
One simple but effective milestone in defeating this seemingly stringent string of delinquent acts and behaviors is that of mediation. The utilization of mediation particularly among juvenile offenders has shown to be an effective tool for fighting recidivism (Champion, 2007). While some crime prevention programs strictly target preventing crime from all of society, the Juvenile Mediation Program is one of those rare programs that focus on specific deterrence. Each individual offender is the key component to the program and preventing further crime from occurring is the goal of an intervention of mediation. Providing a neutral process that allows individual parties to work out their differences provides much more than mere conflict resolution where juvenile delinquency is concerned. It provides a sense of responsibility, adequate conflict techniques, and it aids in showing juveniles that violence and crime are not the answers to dilemmas. All of these factors have been proven to be necessary tools to avoid juvenile delinquency.
The Juvenile Mediation Program was established in 1997 and continues to flourish in six separate counties and has become promising enough to guarantee an adoption from other jurisdictions in the United States (Champion, 2007). As stated by Champion, “the program staff includes a program director, program coordinator and two case managers” and the staff is made up of volunteers (Champion, 2007, p. 426). Status and nonviolent juvenile offenders are eligible to participate and there are no fees for the juveniles to belong to the mediation program (Champion, 2007). Victims of juvenile crime are encouraged to participate in the mediation process if it is desired and appropriate (Champion, 2007).
Mediation is an element of restorative justice that shows promise and gentle movement. Although it is not a legal process, the Juvenile Mediation Program is an alternative to regular court that allows the offenders to work out issues and decide on a proper course of action (Champion, 2007). Mediation helps to lessen the need for court appearances by juveniles which cuts costs tremendously. In addition, it has been shown that juveniles are both intimidated and discouraged by the formal court system and the presence of a judge, possibly compromising rehabilitation (Cohen & Piquero, 2009). The juvenile must admit guilt of the offense and waive his or her rights which constitute a waiver of legal proceedings and having witnesses or a lawyer present (Champion, 2007).
The objectives of the mediation are to provide counseling, resolution, and rehabilitation measures to the juvenile offender (Dixon, 2010). A dialogue begins about the offense and the consequences that have or will occur because of the infraction. The offender has the ability to participate in the process and this allows the juvenile to understand cause and effect and how to resolve issues without criminal mischief. A written contract is then negotiated for the families of the offender and the mediator monitors the juvenile’s progress of the conditions of the contract (Champion, 2007). Because of the nature of the offenses which can be anything from truancy, curfew violations, drug possession, shoplifting, and assault, the mediation program aims to pursue prevention methods that deal directly with the aspects of the offense (Champion, 2007). Elements such as counseling, substance abuse programs, restitution, community service, and behavior management may be significant aspects of the contract (Champion, 2007). Evaluations are reported on a regular basis to ensure implementation of the necessary requirements of the juvenile offender.
The Juvenile Mediation Program is unique because it relates to specific crime deterrence of each individual after an offense was committed. Moreover, the Juvenile Mediation Program readily associates with techniques utilized by law enforcement agencies to evaluate and prevent future crime. One of these tools is the crime triangle, in which the evolution of crime is easily explained. Three elements are highlighted such as desire, target, and opportunity (Hurtt, 2009). The idea is that if one of these elements is destroyed, the criminal act may cease to happen (Hurtt, 2009). The most effective strategy that mediation aims for is that of reducing desire. When a juvenile offender has a desire to commit an offense, there is usually a lack of understanding of consequences along with a myriad of other underlying issues in that juvenile’s life. Mediation does occur after a crime is committed, but because the likelihood of a juvenile reoffending is great, reducing desire helps to demolish the cycle of crime, thus preventing crime in a most vigorous way.
Analysis of Success
Since inception, mediation programs aimed at juvenile offenses have gathered recognition in the law enforcement community. Although mediation seems to be a mild form of crime prevention, it indeed serves the purpose quite well. In fact, it is purported that nearly 17% of all arrests in the United States in 2002 were juveniles (Koffman, et al., 2009). This alarming statistic generates a major concern as it shows that juvenile crime is a meaty proportion of all crime in the United States. Furthermore, statistics have shown that at least 35% of juveniles arrested for an offense continue criminal behavior in their adult lives (Koffman, et al., 2009). Programs such as mediation help to provide alternative means of crime prevention than formal legal proceedings. It allows the special nature of juvenile issues to be handled in a way that protects and supports the juvenile. Mediation provides incentives for juveniles to do better as the juvenile offender is more directly liable to the victims, families of the juvenile, and the community in which the offense was committed.
According to a study of mediators in the Juvenile Mediation Program, 70% claim they believe they have changed the lives of the juveniles and provided excellent resolutions to the issues that were mediated (Dixon, 2010). Furthermore, in 1997 findings showed that the Juvenile Mediation Program had a 93% successful mediation rate (Champion, 2007). One study assessed the number of court appearances and user satisfaction in comparison to a control group that consisted of traditional litigation (DiPentima, 2009). In these randomly assigned cases, the results showed that the average number of court appearances were lower for the experimental group of mediation cases (DiPentima, 2009). Additionally, the average time to complete the process was much lower for the mediation group with an average of eighteen days less (DiPentima, 2009). The results significantly showed less recidivism for the experimental group consisting of mediation cases rather than traditional litigation for juveniles (DiPentima, 2009). In addition to the staunch success of the program, financial relief is a major component to the Juvenile Mediation Program. Shockingly, it was discovered that $3,227,798 would be saved by instituting juvenile mediation services. Finally, one particular meta-analytic review of an experimental study involving a fusion of intervention and mediation programs showed a 75% diminution of delinquency among the juvenile participants (Piquero, et al., 2009). These statistics show an enormous growth in juvenile crime prevention through mediation.
Effectiveness and Societal Impact
The effectiveness of the Juvenile Mediation Program shines prominently through the statistical analysis of success. Yet the effectiveness reaches far beyond simple crime prevention and specific deterrence. The influence of caring authorities such as mediators and other staff of the Juvenile Mediation Program have a significant bearing on the juvenile’s perception of criminal behavior and future life goals. Mediation is a more personal and impactful experience than a traditional court hearing in which the juvenile may feel more like a number in an assembly line. A juvenile offender in the mediation process is treated with more respect, recognition, and trust that their behavior and actions can and will change. The juvenile offender has a realization that the offense and behaviors he or she adopted has ramifications beyond the scope of justice. Victim participation, family intervention, and probationary follow-up provide a connection of successful rehabilitation in a manner that the juvenile can readily understand and accept.
When a juvenile is recovered from criminal tendencies, a society will continue to flourish in immeasurable ways. Because it has been realized that juvenile delinquency is commonly replicated in communities just by peer initiative alone, the reduction of such behavior is a necessity for a safe community to abound (Castle, 2010). Furthermore, the onset of juvenile crime promises an even more disturbing onset of crime in society. By focusing on specific crime deterrence through one-on-one programs such as the Juvenile Mediation Program, society is taking a responsibility in our youth, the lives of civilians, and the future that we expect to inherit.
Future
Juvenile delinquency has been, and will continue to be a continuous threat to future generations. It is highly important to develop creative techniques to prevent juvenile delinquency. Juvenility is a sensitive time in the life of a person; a time in which comprehensive change is possible and a lack of positive change is detrimental. Predictably, new measures of handling juveniles and guaranteeing juvenile rights will be fine-tuned in the court systems over the next century. The Juvenile Mediation Program is the innovator of such measures and promises a future of better handling of juvenile cases. An expansion of the Juvenile Mediation Program is expected to occur in other counties, districts, and states throughout the United States (Champion, 2007). In order for this development to transpire, there needs to be advancements within the program to ensure success. More comprehensive studies will have to be implemented to continue to monitor and evaluate the success of juvenile mediation. It is predicted that the use of information technology to develop the program further may ensue based on study results and real case analysis (Champion, 2007). Once these advancements can be made, success may be more prominent and obvious when compared with the traditional methods of handling juvenile cases.
For juveniles today, the traditions and patterns that transition a child through adolescence and adulthood are obscured with many negative factors. Because of the nature of juveniles, the way juvenile offenders are handled has been recently recognized as the key component to crime prevention. Juvenile delinquency is a community and societal problem that continues to become an increasingly staggering threat. By connecting victims, families, communities, and offenders together to resolve issues, responsibility and understanding is required and therefore exercised. With careful handling of juvenile offenders, the Juvenile Mediation Program has provided an alternative to court sentencing in a manner that rehabilitates juveniles and the community while initiating recognition that is necessary to prevent crime in the future. The promising future of juvenile mediation is one to be expected, relied on, and fully supported.
References
Bartollas, C., & Millers, S. (2008). Juvenile justice in America (fifth edition). Upper
Saddle River, NY: Pearson/Prentice Hall.
Castle, M. (2010). The Safety of our youth. Ripon Forum, 44(2), Retrieved from
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Champion, D. (2007). Crime prevention in America. Upper Saddle River, NJ: Pearson/Prentice Hall.
Cohen, M., & Piquero, A. (2009). New evidence on the monetary value of saving a high
risk youth. Journal of Quantitative Criminology, 25(1), Retrieved from http://proquest.umi.com/pqdweb?index=0&did=1651872701&SrchMode=1&sid=14&F mt=6&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1277770183&clien tId=74379.
DiPentima, N. (2009). Useful information about dispute resolution. Retrieved from http://bostonlawcollaborative.com/blc/resources/useful-information-about-dispute- resolution.html.
Dixon, B. (2010). Juvenile victim/offender mediation program. Retrieved from http://www.fccourts.org/drj/juvmed.html.
Hurtt, H. (2009). Crime triangle. Retrieved from http://www.houstontx.gov/police/pdfs/personal_safety-042108.pdf.
Koffman, S., Ray, A., Berg, S., Covington, L., & Albarran, N. (2009). Impact of a
comprehensive whole child intervention and prevention program among youths at risk of gang involvement and other forms of delinquency. Children and Schools, 31(4), Retrieved from http://proquest.umi.com/pqdweb?did=1864796221&sid=4&Fmt=3&clientId=74379&RQ T=309&VName=PQD.
Office of Juvenile Justice and Delinquency Prevention (2010). Statistical briefing book. Retrieved from http://ojjdp.ncjrs.gov/ojstatbb/default.asp.
Piquero, A., Farrington, D., Welsh, B., Tremblay, R., & Jennings, W. (2009). Effects of
early family/parent training programs on antisocial behavior and delinquency. Journal of Experimental Criminology, 5(2), Retrieved from http://proquest.umi.com/pqdweb?index=0&did=1893061531&SrchMode=1&sid=9&Fmt =6&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1277769306&clientI d=74379.
Taylor, B., Stein, N., & Burden, F. (2010). The Effects of gender violence/harassment
prevention programming in middle schools: a randomized experimental evaluation. Violence and Victims, 25(2), Retrieved from http://proquest.umi.com/pqdweb?did=2033974271&sid=3&Fmt=3&clientId=74379&RQ T=309&VName=PQD.
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