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Philosophy

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Dec 6, 2023

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a) In his book, William Kelly argues that poverty is directly implicated in neurodevelopment and neurocognitive functioning. Assuming this is true, and if the U.S. is, indeed, the wealthiest nation on Earth, in your opinion, should there be a guaranteed basic income for the poor? In other words, should poor people, especially those with young children, be entitled to basic amenities and services, even if they do not work? I propose that there should be a guaranteed basic income for the poor especially for those with young children. As stated by William Kelly’s book, he indicates that age and poverty are direct predictors of crime involvement. Several interviews of individuals age 14 to 25 have talked about not having remorse for their victims because they “have money and I don’t, I have to get mine” (Kelly, 2019). Many of the crimes committed at this age are as a result of lack of resources as well as poor decision making. Research shows that congenital features of the brain interact with a variety of experiences in the environment such as poverty, violence, abandonment, homelessness, neglect, abuse and toxic substances (Kelly, 2019). Basic amenities and services to families with small children will provide a solid foundation and meet the basic needs such as food, utilities and shelter. These have a profound impact on the young child allowing them to feel safe and supported while they are focused in learning. These services will be provided with requirements such as using the services for the family and refraining from criminal activity. Should any violations of the requirements be violated, the family will have a hearing allowing them to explain themselves. If it is determined that the services were not used appropriately, they will be reduced and/or cancelled providing only what the child needs. b) Next, in your opinion, why do you suppose that drug courts are infrequently used in spite of the fact that they are often much less expensive than traditional criminal justice alternatives? Do you suppose this is likely to change anytime soon? Fully elaborate. Drug Treatment court is beneficial for those that take advantage of the services. As a Diversion Court once the individual completes the program their charges are dropped. This is a great option along with receiving the services needed. In Juvenile court we find some difficulty from many families. In my experience they have stated that it’s too time consuming and interferes with their work schedule. Others have voiced, that it felt like they were in court being judged at every session. In NC, Drug Treatment Court is in the court room with a Judge on the bench and Attorneys. “Juvenile Drug Treatment” could be expanded with one on one in a therapeutic setting to have the most impact. It allows for the youth to open up. The future may require an intensive continued drug therapy for a designated time to continue to address the root cause of drug use. c) Also, after reading about the various types of special problem-solving courts, please propose a new type of problem solving court that is not identified in the book. Please be creative yet realistic. In other words, your idea should be something that could actually be implemented. Be sure to explain why there is a need for your proposed court and how it would benefit society. I propose a Mental Health Court and Prison in which those individuals suffering with disabilities have their own court. This will require specialized judges, prosecutors and defense attorneys specifically trained in mental health. These individuals should be assessed whether they are competent to stand trial. If they are not competent, they will remain in this court. If they are found competent, they will process through this court system a little faster because competency has been determined and they understand what they have done. Their victims will be notified of the process such as those of other court rooms. They will be held in a mental health jail and place in a mental

health prison. My goal in the proposal is to provide those suffering from mental health disabilities are provided with safety and security designed around their needs. d) Next, in your opinion, should the criminal law recognize the impacts of mental and cognitive disabilities on behavior? In other words, if someone has significant mental and/or cognitive disorder, should this be taken into account by prosecutors and judges? Is it appropriate or fair to give offenders with the above types of disabilities lenient treatment? Please make a case either way and support it. Individuals suffering from mental and/or cognitive disorders do not have the capacity to understand what they have done. Prison is not a place for them. They will be subjected to victimization. The disabilities they are presenting could be from birth or trauma throughout their childhood. It is something that cannot be ignored. In prison they will not receive the intensive clinical services needed to determine is they can be released to society. It may seem lenient but they are also imprisoned at a facility away from their families not understanding what they have done. e) Finally, in addition to fully responding to all of the above questions, please point to one aspect of the reading, not alluded to above, that you found to be of interest. Be sure to explain how this particular aspect of the reading advances our understanding of criminal justice policy. An area of interest in Kelly’s book is the narrowing of the Judge’s discretion. The prosecuting attorney having such control and offering Plea deals due to the alarming number of cases, is concerning. This doesn’t seem to offer the time needed to properly attend to the case and provide all necessary facts. I have seen an alarming increase of juvenile cases that are ending up in plea deals over trials. These juveniles are looking at years in prison at such a young age. You can see the fear in their faces not knowing what 10, 15, 20 years in prison will look like for them. Reference: Kelly, William R. (2019), (Updated). The Future of Crime and Punishment: Smart Policies for Reducing Crime and Saving Money . Lanham, MD: Rowman & Littlefield. ISBN 978-1-5381-2388- 1

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