Monday, November 18, 2013

Relativism and Morality - Response to Lenn Goodman's "Some Moral Minima"

Not my most proud piece but still a reflection of my work. This was a response to the "Some Moral Minima" by Lenn Goodman.  You might be able to read it here: http://muse.jhu.edu/login?auth=0&type=summary&url=/journals/good_society/v019/19.1.goodman.html



Relativism and Morality

            Relativism allows for an understanding of practices, customs, and values amongst different societies.  When considering the morals of others, relativism can often be necessary to comes to terms with different views of what is considered appropriate and unacceptable.  However, in some instances relativism does not, and cannot, provide an acceptable substitution for what should be considered a set of unanimously respected principles. Lenn Goodman, a philosophy professor at Vanderbilt University, having addressed the issue of morality regarding genocide, famine and germ warfare, terrorism, hostages and child warriors, slavery, polygamy, incest, rape, and clitoridectomy, challenges relativism and asserts her position that such issues are unequivocally wrong. Though my perspective on some of the issues Len Goodman argues allows for relativism, I am ultimately in agreement that there are some practices that are universally wrong; these such actions and customs, despite cultural and geographical differences, are and will always be a crime against humanity.

Humanity can be defined as the state of being a human, or humans collectively. While at the same time, the word humanity can refer to ones “humaneness” or inherit benevolence. Such definitions are powerful; it gives rise to the understanding that the condition of being human is more than just biological.  Despite diversities in culture, religion, and customs, there is a uniform characteristic that links humans. That is, the ability to feel and interpret emotions, thus illuminating ones sense of self and connectedness to their fellow man.  Such a knowledge of ones’ own emotions and that of others lends an understanding of the value, and thereby, right, to life.

            Such right to life, and more complexly, the right to respect of one’s humanity, is a primary philosophy that Goodman’s position urges. Such rights include individuality, which she argues is what genocide, famine, and germ warfare seeks to destroy.  While murder destroys a human subject, genocide targets a way of life; genocide is worse than murder because of its intent. The political use of famine and germ warfare targets humanity in the same way. Its purpose being power. Goodman’s stance on such cases are agreeable, for genocide is wrong not just for the fact that is seeks to murder individuals or masses, but for the hatred and disregard for the rights of humanity and the denial of one’s individual and cultural differences therein. With the use of famine and germ warfare those inflicted are eradicated, and from my understanding, are a form of genocide in themselves.

            Violence as a means for power is not limited to genocide, but is also apparent in terrorism, hostages, and the making of child warriors. Goodman claims that terrorism comes from nihilism, the lack of morals and values, and in the act of fighting for the morals and values it seeks, it produces nihilism again by negating the rationale it attempts to conjure (Goodman, 2010). This rings truth, for can we not witness that the act of violence and intimidation is contradictory to the outcome it wishes to serve? For instance, terrorist who engage in a suicide mission seek moral amnesty for the sacrifice of their own life, yet the action itself eclipses the virtue such terrorist finds in their sacrifice.  Goodman (2010) expresses this well, stating “Terrorist explode the values they claim to fight for.  Their victims’ blood blurs and blots whatever ends were meant to justify the carnage” (p. 89). The act of hostage taking is quite similar; persons are used for the leverage they offer, therefore becoming an object of terrorism. Similarly, the use of child warriors takes advantage of the easily manipulated essence of children, objectifying them and then leaving them with psychological scarring they must endure for their lifetime. Such acts are horrific in any society, their outcomes are tragic. I feel they are a brutal disregard for human life and all that it implies. 

            Perhaps even more torturous than death is slavery.  Goodman’s stance on slavery is that it is the ultimate exploitation of a person.  Using another as a tool for one’s self does not account for the victims’ interest, needs, or wants, rather making them subordinate to the needs and wants of others (Goodman, 2010). Indeed, slavery abuses and restricts one from their sense of self and is wrong on many levels. Victims of slavery are required to dismiss their ownership of self and to perform as a means to someone else’s end. This is a fundamental denial of human rights. Extended from this thought is my position on rape, which is much like that of Goodman’s, in that such an act is the most degrading and unconditionally acceptable form of a manipulation unto another. Goodman (2010) states “rape is exploitative, objectifying, and yes, again violative. But what it violates is not just another’s body but that other’s personhood, invested, deeply in one’s sexuality” (p. 92). The act is demoralizing and humiliating. It violates the victims’ body, self-confidence, self-image and ultimately ones’ psyche.  “Rape perverts and blasphemes against the trust and intimacy that give sexuality its natural and transcendent meanings” (p. 92).  Blasphemy is a perfect word in this case as such an assault attacks a victim so deeply that there is no greater form of disregard for another’s sexuality and intimate sanctity. In this notion, the custom of clitoridectomy is just as appalling in that it denies a woman of her physiological right to the pleasures of intimacy (Goodman, 2010).  The lack of sexual pleasures makes it difficult for a woman to form an intimate bond with her partner - bonds which are inherit in humanity.

            While in these mentioned instances I can agree with Goodman’s position on universal wrongness, I find relativism possible in the remaining concerns she speaks of: polygamy and incest. According to Goodman, “Polygamy transforms the nature of marriage. That is evident in the apologetics and conditionals that so often speak of the need or fairness by a husband to his wives.  The telling subtext is that it is the husband who makes moral choices here, the wives who are the recipients of treatment, fair or unfair, invidious or even handed” (p. 91). In this case and from the scope of my own culture, I can concur that polygamy is morally unjust, yet considering this is a choice in most instances and often derives from religious beliefs I regard it with a relativist perspective.  Kurt Mosser (2010) describes that arguments as seen through the lens of relativism can be understood in the context of one’s society; what is virtuous as it relates to one’s culture may differ as it relates to another.  I feel that incest, too, can be judged morally right or wrong through relativism assuming that there is not a condition of rape involved, and family members are not directly related. However, Goodman does not place cultural limits on such an issue.  She argues that incest violates the developing individual, affecting their hopes, aspirations, and their sense of self apart from their family unit (Goodman, 2010).

            Relativism in whole is challenged in the cases Goodman takes position on.  She describes no cultural, geographical, or even philosophical boundary that gives way for allowance of such practices.  Rather, Goodman speaks of a unanimous moral disregard that these practices empower and that humanity must take an undivided stand against.  These issues seek to find a common agreement of what humanity considers morally unacceptable.  Besides the few slight differences, I can endorse the claim that Lenn Goodman makes in asserting that there are certain practices that demoralize and violate the condition of humanity. Humanity itself begs for appreciation of life and tolerance on individuality.  Humanness seeks to express itself and to create physical and emotional bonds with its kin; it creates friendships, alliances, and communities that lends support and praises the diversities of its people.  Humanity as previously noted can be used to define the benevolence, or kindness, of a person; therefore, in its own nature it mandates a basic, unanimous, and unchallenged set of moral requirements that pledge to uphold and respect its fragility and beauty.

Reference

 

Goodman, L. E. (2010). Some moral minima. The Good Society, 19(1), 87-94.

Mosser, K. (2010). Ethics & Social Responsibility. San Diego, CA: Bridgepoint Education, Inc.

Monday, November 4, 2013

Marriage Practices of the Twenty-First Century (RESEARCH PAPER)

This was a research paper for a cultural anthropology class.  The paper compares and contrast the marriage practices of three different cultures, paying close attention to the religious views in each.


Marriage Practices of the Twenty-First Century

From an anthropological viewpoint, marriage can have many definitions as there are many different interpretations of marriage and marital practices observed throughout various cultures in the modern world. In most societies, the act of marriage is a joining of spouses in a socially and spiritually recognized union. Within all religions there are cultural differences which determine courtship, the marriage ceremony and rituals, and the social and interpersonal expectations of spouses.  The combination of religion and culture dictates the observable differences in the marriage practices and customs in Morocco, India, and within the Amish societies in North America in the twenty-first century.

Culture is defined as the identity of a society based on common beliefs, shared morals, and specific rituals and traditions for which they live by (Crapo, 2013). Just as religion defines the beliefs and values of a society, the natural resources a society does or does not have is influential upon the selection of one’s mate and the needs of his or her family. For some societies, marriage is an economic necessity; the need for property motivates arranged marriages just as the need for field labor may provoke polygamy and large families. In societies where there is more industrialization, love and compatibility between mates is more often a determining factor for marriage. It goes to follow that religion and physical location account for much of the diversity in marital matters.

In Morocco, a country located in North Africa, nearly the entire population is Muslim and practice the religion of Islam. Islamic faith is absolute in their society.  As stated in Child Marriage and Islam (2012), “Religion should prevail over culture and not culture over religion” (para. 14). Therefore, marriage in Morocco is taken very seriously as laid out by the Qur’an, which is their religious scripture and law. The foundation of marriage in this society is their highly conservative faith and obedience of the laws of Islam.

Under Islamic law, men and women are seen as equals; neither gender is considered to submissive unto the other. They are considered equally independent and equally required to observe the law (Bakry, 1989). This freedom and equality allows for young men and women to select their own mate. Under Islamic law marriage is not required though highly favored in Muslim faith. Strict rules of etiquette for women and men are followed outside of marriage. The Qur’an prohibits sexual contact of any kind between an unmarried man and women.  Modesty is expected of women in public; their attire, called a caftan, covers their entire body and veils their face so that just their eyes are visible. This modesty is seen also in the courting process.  “Dating” is not a custom practiced in Morocco, rather chaperoned introductions are made by family and friends. Couples decide upon their compatibility through such chaperoned meetings, conferral with their families, and through prayer. Marriage is not forced upon either party.

The marriage celebration in Moroccan weddings can last anywhere from three days to a week, generally with the marriage ceremony taking place on the third or fourth day.   The festivities are a chance for Moroccan families to come together and display their customs and traditions through food, clothing, art, and music.  The first three days before the ceremony are a time of preparation for the bride. Customs require the bride to attend a sauna with her female friends and relatives as an act of purification, followed by the ceremony of “Hennaya”, where the bride has henna art painted on her hands and feet as a good luck charm for her new married life (HeyMorocco, 2013). The wedding day ceremony brings song, dance, and the tradition of “the Amariya”. The Amariya is a large chair both bride and groom are carried in around the wedding room so all guest can see them and wish them luck. Throughout the wedding ceremony it is customary for the bride to change her attire as many as seven times, the last outfit being a beautiful white wedding dress (HeyMorocco, 2013).  According to Islamic law the wedding night brings the virgin bride and groom together to consummate their marriage.

Marriage in Morocco is considered an absolute bond of faith, love and intimacy.  Celibacy inside of marriage is highly frowned upon in Islam, though to that degree relations must be a mutual choice as women do not lose any freedoms when entering marriage. Women are allowed to practice birth control; however, their selection of birth control must not infringe upon her husband’s urges. Sexual enjoyment is a large function of marriage for Muslims, though strict guidelines are laid out for intimacy for which the couple are expected to follow (Rizvi, 2013).

            The legal respects of a Moroccan marriage are laid out in a marital contract which describes the requirements each party has for the other. For example, polygamy is acceptable in their faith.  Husbands are free to take up to four wives unless otherwise stated by his spouse in their marriage contract (Bakry, 1989). Despite the value and sanctity placed on marriage, divorce is an understood necessity for certain situations such as the violation of a marriage contract. The role of the wife after marriage is no different than that of her duties before marriage, though many Moroccan women find happiness in caring for the needs of her household and family.

            Just as Muslims in Morocco consider marriage a sacred union, so too do those of the Hindu religion in India, a country located in South Asia.  In India, Hinduism considers marriage an obligation and a stage of life that is expected of all persons.  While modern day love marriages are on the rise, arranged marriages are still quite common.  Consent is required of the bride and the groom though strong social pressure is placed on persons to marry within one’s social status.  In this culture dowries are common. According to Srinivasan and Lee (2004), a dowry “may also have been a way of compensating the groom and his family for the economic support they would provide to the new wife, because women had little or no role in the market economy and would be dependent upon their husbands and in-laws” (p. 1108). Dowries are still quite common despite significant changes in Indian life that have brought more women into the workforce. Hypergamy, defined as the practice of marrying a spouse of a higher social status, is common and therefore the dowry is often as much a claim for status by the bride’s family as an opportunity for social advancement. Larger dowries attract families of grooms with more desirable economic rank; in turn, acquiring a large dowry from a bride’s family affirms the groom’s family rank in society. Additionally, families are motivated to provide generous dowries for their Indian daughters to ensure her safety and the respect of her future in-laws (Srinivasan & Lee, 2004). For some unfortunate women, physical abuse from her new husband and in-laws are the result of dowry expectations not being met.  Bride burning is not uncommon, despite the severe punishments for it (Jayaram, 2013). In such cases, husbands and the bride’s new in-laws would dress her in a paraffin doused nylon saree and set her on fire.  Often the claim would be that the new bride caught fire while cooking, though most cases of bride burnings go unreported. In modern India after the economy moved to an open market system, this tradition became even more prevalent with greedy husbands (Bedi, 2012). The death of a wife brings the opportunity to remarry, thus collecting multiple dowries.

            Whether arranged or not, marriage ceremonies in the Indian culture are generally elaborate affairs. Wedding dates are placed based on astrological charts. The day before a marriage both the bride and groom are given ceremonial baths.  The bride receives henna on her hands and feet, just as practiced in Morocco. Attire worn by the bride is a well decorated saree while the bridegroom wears a white cotton dhoti.  Gifts are exchanged between the families prior to the ceremony which is held in either a temple or the bride’s parent’s home by a Vedic priest.  Rituals of the ceremony may vary from region to region. The most popular rituals involve the bride’s father gifting the groom at the altar with new clothing before giving his daughter away to the gods, whom she marries first, then to the groom who gives his promise to protect her from that point on (Jayaram, 2013). Unlike American culture, feast are served to the wedding guest before the ceremony while the bride and groom fast until after their nuptials are complete. 

Immediately following the marriage ceremony, Indian women leave their families home permanently to join her husband’s home.  This is a particularly difficult time for young women as they are expected to adjust to their new surroundings and their role in the household.  Historically, Indian women had little to no rights, and certainly no freedoms. Women were to be servant to the men in their lives. As children, girls were subjective to the will of their fathers, as young adults they were to obey their husbands, and as they aged they were to serve their sons.  The ancient custom of “sati”, in which the wife joins her husband on his funeral pyre, was practiced as a means of faith and respect for her husband. In modern Indian societies, great advancements for women have been made, though many of these fundamental views of women in Hinduism have not been completely eliminated and are still considered the religions norms for many conservatives (Basharat, 2009).

Despite the lack of status women have in their marriage, Hinduism in India describes marriage as a joining of the souls across several lifetimes and is a means of achieving mutual salvation. Marriage is believed to be a sacred relationship requiring spouses to uphold their vows and obligations to one another. Contrary to the Muslim faith, Hindus believe marriages are not made for sexual satisfaction but for creating families and upholding dharma (the laws of the universe). In these respects, polygamy is considered primitive and immoral and is a punishable offense. The concept of divorce has only recently been introduced into Indian life as married couples were traditionally considered wedded for life. In 1955 the Hindu Marriage Act in India made allowances for divorce under specific conditions (Jayaram, 2013).

Unlike the marriage customs in Morocco and India is the marital practices of the Amish societies residing in North America. Amish culture is known for their simplicity, refusal of modernization, and their strict religious beliefs. The Amish religion is classified as Anabaptist. Anabaptist is fundamentally Christianity; the distinction between the two being the age in which they choose to baptize their members. Amish are extreme conservatives in all aspects of their lives. Each community follows an unwritten set of guidelines called an Ordnung. As described by National Geographic (2013), “the Ordnung stresses the virtues of humility, obedience, and simplicity” (para. 2). This culture self-isolates from technology, including electricity, and maintains their way of life by managing their own farms and livestock, which provides them with most of their basic needs.

Consequently, each member of an Amish family plays a valuable role in the household workload which is at its heaviest during spring through fall. During these seasons planting and harvesting their fields take priority.  Heavy workloads generally do not allow young adults time to gather and socialize. With the exception of specific occasions, church gatherings on Sundays are the only times for which matchmaking takes place.

For a young adult to be eligible for marriage, they must first be baptized after the opportunity to deny or confirm their faith. At the age of 16, young adults are granted “Rumspringa”: a limited time for which they are encouraged to explore outside practices or customs, temporarily breaking loyalty to the Amish beliefs. Assuming the young adult has dedicated themselves to the Amish culture and have completed a required 18 week instructional period, they are baptized into the Amish faith. In most cases, baptism occurs between the ages of 18 to 22 years old.  Once baptized, adults are allowed to marry (National Geographic, 2013). Matchmaking is often handled by immediate families. Ideal couples are introduced to neighboring kin.  It is not unheard of for cousins to be matched as relationships outside of the Amish community are forbidden. Typically, courtships do not last long in these societies. Marriage ceremonies are announced by the community bishop six weeks prior to the wedding, at which point it is customary for the couple to hand deliver wedding invitations.

Wedding season lasts from early fall to late winter, with weddings occurring on Tuesdays and Thursdays only due to ancient superstitions that have carried over into modern day practice (Schreiber, 1960). Despite the large amount of guest in attendance, weddings are modest and are held at the home of the bride’s parents.  Ceremonies are part of a lengthy worship service which begins as early as 8:30 am and last until noon. While the congregation of guests sing religious hymns, the bishop counsels the couple on marriage in a separate part of the home before returning them to the service and completing the nuptials. Feasts, which are served following the completion of the ceremony, are prepared for the wedding guests the night before by the bride’s mother and close friends (Little, 1997). The bride’s dress is sewn by her own hand; it is traditionally made of blue cloth, although in some communities the bride is allowed to select the color of her dress. Her wedding attire from that point on will be her Sunday church attire as well as the dress she will wear when she dies (National Geographic, 2013). Men wear a black suit with a white shirt, black bow-tie and a hat with a three inch brim.  For an Amish man, his wedding day will be the last day he appears without facial hair as the presence of a beard is a symbol that a man is married. Unlike many cultures, wedding rings are not given as a symbol of a couple’s unity as the Amish perceive jewelry as an expression of vanity (Little, 1997).

The wedding night is spent in the home of the bride’s parents where the new couple will stay until their home is set up. The honeymoon stage in this culture is a process of visiting family and friends, at which point they receive wedding gifts and are given advice for married life as older community members share the wisdom they have gained from experience. Hence, Amish traditions are passed down to a new generation.  The winter allows for plenty of time for the newly married couple to become more acquainted.  Women take to setting up households and preparing for spring, which commonly brings new life to the young family (Schreiber, 1960).

Given the shared need for work in the Amish culture, women are shown great respect for their important role in maintaining the home and the family. Women are submissive to their husbands; as devout followers of their faith, wives heed the direction of their husbands, particularly in public. Amish women often have many children as they do not believe in, nor do they allow, the use of any birth control.  This also includes the use of what other societies would consider natural family planning methods (Little, 1997). The abstinence from birth control increases the Amish population and proves necessary for the continuity of their culture. Polygamy is unheard of and would be considered a means for shunning, a practice in which the community rejects their kin for violations of their moral order.

            Though these three cultures have unique differences in their practices and philosophies on marriage, there are also observable similarities. For instance, the Amish prepare a modest ceremony on only one of just two socially approved weekdays, in India the ceremony is full of meaningful rituals and processes, and in Morocco lavish marriage ceremonies are held in the middle of week-long celebrations that are symbolic of their rich culture. The gender roles in these cultures vary drastically as well; Muslim women in Morocco are generally allotted as much freedom as their male counterparts, Hindu women in India are considered sinful seductresses whom are required to be submissive to their husbands, and Anabaptist women in Amish societies take a very domestic role with children and the home while men see to the land and political issues. Yet despite the variance among these cultures, there is a shared sense of importance and respect for the sanctity of marriage and the ultimate moral responsibilities to such a union, as dictated by their spirituality.

It is apparent that the value of marriage and the purpose it serves varies by culture, and that within each culture religious views are a dominating force in the rituals and customs of the marriage process.  Acculturation accounts for many of the similarities as immigration and contact between societies over several generations have blended customs together. In many cases the regional needs for marriage and family growth are factors in marital decisions.  Such differences and similarities are observable in the customs, rituals, and religious motivations behind marriage practices in modern Morocco, India, and Amish societies of North America.


 

References

Bakry, F. E. (1989). Women in Islam. The Washington Report on Middle East Affairs (1982-1989), II(9), 17. Retrieved from http://search.proquest.com/docview/222266797?accountid=32521

Basharat, T. (2009). The Contemporary Hindu Women of India: An Overview. South Asian Studies, 24(2), 242-249. Retrieved from http://pu.edu.pk/images/journal/csas/PDF/5-Dr.%20Tahira.pdf.

Bedi, R. (2012, February). Indian dowry deaths on the rise. The Telegraph. Retrieved from http://www.telegraph.co.uk/news/worldnews/asia/india/9108642/Indian-dowry-deaths-on-the-rise.html

Child marriage and Islam. (2012, Aug 05). Kashmir Images. Retrieved from http://search.proquest.com/docview/1031035928?accountid=32521

Crapo, R. (2013). Cultural Anthropology. San Diego, CA: Bridgepoint Education, Inc.

HeyMorocco. (2013). Moroccan Marriage. Retrieved from http://heymorocco.com/culture/wedding-traditions-morocco.aspx

Jayaram, V. (2013). Hinduism and Marriage. Retrieved from http://www.hinduwebsite.com/hinduism/h_marriage.asp

Little, B. (1997, Oct 14). As leaves begin falling, Amish prepare for marrying. Intelligencer Journal. Retrieved from http://search.proquest.com/docview/375256303?accountid=32521

National Geographic. (2013). Amish: Out of Order Facts. National Geographic Society. Retrieved from http://channel.nationalgeographic.com/channel/amish-out-of-order/articles/amish-out-of-order-facts/

Rizvi, S. (2013). Islamic Marriage. World Islamic Network. Retrieved from http://www.al-islam.org/islamic-marriage-syed-athar-husain-sh-rizvi

Schreiber, W. (1960). Amish Wedding Days. The Journal of American Folklore, 73(287), 12-17. Retrieved from http://www.jstor.org/stable/537597

Srinivasan, P., & Lee, G. (2004). The Dowry System in Northern India: Women’s Attitudes and Social Change. Journal of Marriage and Family, 66(5), 1108-1117. Retrieved from http://www.jstor.org/stable/3600328

Monday, September 30, 2013

American Inmates: Why Minorities are the Majority in Prison (RESEARCH PAPER)



American Inmates: Why Minorities are the Majority in Prison

American prisons are full of convicted felons having a diverse mixture of ages and racial backgrounds serving a judicially imposed sentence for their crime. However, despite the wide array of races housed in America’s prisons, there is a significantly higher ratio of minority inmates to non-minority inmates incarcerated. There are many common assumptions for the cause of this disparity, such as an unfair judicial system or cultural factors. While some groups may argue otherwise, it is the social and environment influences in the lives of minorities that influence crime and higher poverty levels in such groups that reduce the availability for private legal counsel resulting in high conviction rates. Even though racial profiling by law enforcement and in the judiciary system may exist, a higher rate of crime amongst minorities is the cause for a disparity of minority inmate population in American prisons.

In America the racial groups classified as minorities are Hispanics, Blacks or African-Americans, and Asians. According to the U.S. census taken in 2010, Blacks or African Americans made up 12.9 percent of the entire American population, followed by Hispanics which made up 12.5 percent of the population. Asians made up only 4.2 percent of the population.  Americans identified as White or Caucasian represented 77.1 percent of the population making this racial group the obvious majority (U.S. Census Bureau, 2012). In some cases depending on a state by state look at the population, minority groups are considered the dominant race; however, the overall representation across the country for minorities if quite lower than one would expect when reviewing the population count incarcerated.

Despite the low percentage minorities represent in America, the minority population in American prisons is disproportionately high. As of July 27, 2013, Blacks accounted for 37.1 percent of the inmates, Hispanics made up 34.9 percent, and Asians made up 1.6 percent (Federal Bureau of Prisons, 2013). Though the majority of men and women incarcerated are White, these numbers affirm the great disparity in the inmate population in comparison to the entire population.  Indeed, there is reason to question the cause of such over representation of minority groups. There are several theories for this case.

Some may argue that the high rate of minorities incarcerated is due to racial profiling in the judicial process.  While this may be possible to a limited degree, research shows that our judicial system, from police encounters to judges’ sentencing, is fair and relevant to the crime committed and not based on the racial affiliations of the men and women in question. As stated by the New Century Foundation (2005), “For someone to go to prison, four things have to happen. The police must arrest him for a felony, charges must be filed, he must plead or be found guilty, and a judge must sentence him to prison” (pg. 2). While racial discrimination can happen at any of these four stages, the likelihood for an innocent party to continue through the process to an unfair sentencing by a judge is unlikely.

The first stage of an inmate’s incarceration, and perhaps the most controversial, is the contact with a law enforcement officer for a crime having been reported or reasonable suspicion that a crime act is being committed. Many of such arrests are made from police patrolling high-crime neighborhoods, which tend to be high-minority neighborhoods, for specific crimes. This places police in contact with Blacks or African Americans more frequently than Whites (Piquero, 2008). There is argument to this being considered discrimination and racial profiling; however, at most this is classified as ‘rational discrimination’ in that it is considered logical and acceptable for police in this instance to target neighborhoods based on the reasonable belief that they are prone to criminal activity (Weitzer & Tuch, 2005).  As cited by the New Century Foundation (2005), “Police argue that they are targeting criminals, not non-whites, and that they arrest large numbers of minorities only because minorities are committing a large number of crimes.” (pg. 2). This is a unanimously agreed with statement amongst law enforcement. The rate at which minorities are arrested reflects the rate in which crime occurs.

 With the increase concern over drug crimes since the 1980’s (particularly crack-cocaine and methamphetamines) police have no choice but to monitor neighborhoods where drug dealers and users traffic for police to make arrests when this crime occurs.  It goes to follow that what is seen as acceptable in police patrol varies widely. One’s personal contact with police and the portrayal of many law enforcement groups by the media (e.g. Rodney King) play a large factor in negative attitudes that are held towards police, particularly by minority groups. Such attitudes have been found to be linked toward higher arrest rates as uncooperative behavior or overt avoidance of police arouses police suspicion. This leads to encounters that might not have occurred otherwise.

Assuming that an individual has been arrested, there is enough evidence of a crime having been committed to charge them, and they have been found guilty of such charges by a jury of their peers, the decision for how they are punished will belong to the judge. This point will determine if the offender is incarcerated and how long the sentence will be. There is a great amount of media which assumes harsher and lengthier sentences are given to minorities than to White persons.  Historically this may have been the case as judges were allotted much more discretion over determining sentences in criminal court.  This variance in sentencing led to the establishment of federal sentencing guidelines in 1987, which then dictated the sentences ranges of crimes leaving only a small margin for a judge’s personal discretion (as cited in Miceli, 2008). The purpose for the small remaining margin of discretion is to apply necessary variances to tailor to individual circumstances, such as the details of the crime and the offender’s criminal history.  Miceli (2008) states that “the primary goal of punishment is deterrence. Sentences are therefore set prospectively, with the aim of inducing only those offenders who value a crime more than its social harm to commit it” (pg. 207). The variance allows for judges to act with the aim of reducing repeat charges based on legitimate evidence to suggest there is (or is not) a need for heavier sentencing within the allotted range. With this in mind, it is evident that there is little to no room for racial profiling or discrimination to exist in the judicial system. The mass numbers of arrest which in turn lead to convictions are evidence that the judicial system is responsive to the crime proven to be committed; It does not, in fact, target individual groups.

In short, before even arriving to the position of sentencing, law enforcement must first charge the person with a felony crime and provide enough evidence to support the charge. Then a trial by jury must decide upon his or hers guilt.  Without a substantial amount of evidence to persuade a jury beyond a reasonable doubt that the person charged is guilty, there is no way to continue through the process to sentencing and incarceration. The many check points that one must go through ensure that discrimination and false accusations will not take responsibility for convictions.  Most inmates, regardless of their racial classification, have reason for being arrested and are in fact guilty of their crime. 

A better understanding of why minorities are over-represented in American prisons comes from a close look at the social and economic factors present in the lives of many minority groups. Poverty, poor education levels, and poor family structure play a major factor in the cause of criminal behavior among young adults. These factors play an equal part in the spawning of criminal behavior amongst minorities.

Though these factors are present in every racial group they are more prominent among Blacks or African Americans and Hispanics. As of 2010 the National Poverty Center reports the rates for poverty among these two minority groups to far exceed the national average.  Single parent families have the highest poverty rates, particularly for Black and Hispanic single mothers. Nearly a quarter of the child population in the United States was considered poor with the majority of which being children of Hispanic or African American origins (National Poverty Center, 2013). These statistics include White people as well; however, the great numbers reflect the same disparity amongst minorities that is seen in the prison population.

 Poverty is perhaps the root of all causes for juvenile delinquency and adult criminal behavior as it forms a circle of cause and consequence. Poverty and the symptoms of it breed further criminals and continued poverty.  Dr. Patrick Fagan, and expert sociologist specializing in crime and family, theorizes that there are five stages a person goes through from childhood to adulthood.  In stage one of his theory, a child receives parental neglect, abandonment, or instability in his or her life, often due to the loss of his or her mother or father to crime life and prison. The breakdown of the family in this case leads to stage two where he or she finds a sense of belonging in an “embryonic gang”.  Behavioral changes such as violence begin to occur, further isolating the child from “normal” children and closer to other similarly hostile and aggressive children.   Stage three brings the official joining of a gang, the formation of an identity, and the adoption of delinquent acts which leads to dropping out of school.  At stage four, the child or young adult commits his or her first crimes which gradually build up in nature and severity. The criminal is created at a young age with a juvenile arrest record and at or before early adulthood the criminal becomes a parent. This brings about the start of stage one all over again (Fagan, 1995).  It cannot be taken literally for every case but this pattern in general does have validity.  The life a child is born into greatly influences the decisions they will make. For many Hispanic and Black children this cycle is broken if they are able to come through the first few of Fagan’s stages without defiance, though the effect poverty has on education is overwhelmingly high.

School is found to be a hardship for minority students living in poverty. Many parents are uneducated themselves, or they speak little or no English.  Transportation to and from school or the need to supplement family income from an outside job contribute to absenteeism (American Graduate, 2013).  The struggle through school, and in some cases the lack of quality schools in low income neighborhoods, places a higher risk for students to drop out. Not having a high school diploma or a G.E.D. results in poor pay rates for future careers.

As great of a factor as education is the family structure and the means that provide for the family.  Fault in these aspects may be even more to blame than educational challenges. According to Patrick Fagan (1995) “There is a wealth of evidence in the professional literature of criminology and sociology to suggest that the breakdown of family is the real root cause of crime in America. But the orthodox thinking in official Washington assumes that crime is caused by material conditions, such as poor employment opportunities and a shortage of adequately funded state and federal social programs(para. 3). Certainly both arguments hold validity and contribute greatly to the high rate of minorities in prison. Limited government programs leave many families in need of proper clothing, adequate and substantial food supply, and quality education.  For the unemployed adult, the lack of or limited assistance from government programs create desperation.  Criminal activity is often the outcome of such desperation resulting in crimes such as burglary, domestic abuse, and the use or sale of street drugs.

Additionally the breakdown of the family can cause a financial burden to a household income.  With the absence of a parent comes the loss of income that parent once provided.  The limited financial means impacts more than just the adults maintaining the household budget; children and young adults are impacted just as much. Poor housing conditions or homelessness may be the most visibly prominent consequence of a lost parent. Families under fiscal distress are resorted to living in low income housing or homeless shelters.  These communities are often riddled with drugs and violence which begin the negative influence of street life and quick money; of which comes a new set of norms for behavior which is contrary to the mainstream of society (Piquero, 2008). With the culmination of these circumstances, from the breakdown of the family, the lack of financial and social assistance, and the rise of the street life, comes an inevitable higher rate of arrest. 

Early introduction to criminal activity can be associated with higher adult conviction rates as lifestyle habits are made.  Lengthier incarceration periods are applied as arrest records become a consideration upon judicial sentencing. The same findings apply to non-minorities yet the rate of which is significantly much less, just as the poverty rates for non-minorities are much less. Alex Piquero (2008) explains that “minorities are overrepresented at every stage of the criminal and juvenile justice system because they commit more crimes, for more extended periods of their lives, and more of the types of crime, such as violence, that leads to processing within the criminal justice system” (“Theory: Explaining Disproportionate Minority Contact”, para. 2).  This explains the reasoning between longer incarceration times as the criminal behavior for so many is a prolonged build up. 

It can also be noted that due to financial struggles making up more of the minority population than those of White or Caucasian people, the difference in resources for criminal defense will vary as well. Private defense attorneys are costly and are often not an affordable option. Private attorneys are more likely to represent persons of middle class while those in poverty levels are provided court appointed public defenders.  Both private attorneys and public defenders are certified attorneys having graduated from an accredited law school; however, there is a vast difference between the quality of representation by public and private attorneys.  Public defenders serve those with low-income. Consequently, they typically have large case-loads which vary in type from violence, drunk driving, and sexual crimes.  Private attorneys provide more face to face time with their clients. They offer more attention to individual cases and have a specialization in the particular type of law their client faces. The chances for an acquittal of charges in much higher with the use of a private attorney as well as shortened sentencing times for those found guilty.  The possibility of a life sentence is reduced by over 60 percent with the use of a private counsel (Joy & McMunigal, 2012).   This leaves persons of low income, the majority being Hispanic and Black or African Americans, less likely to be released of charges than persons of middle class income.

Obviously financial stability plays a central role in the life of a criminal.  The impact of poverty affects all aspects from family lifestyles and educational opportunities to legal representation. The economic status of a criminal is generally poor or close to it, a fact that cannot be ignored.  Additionally, the social and emotional circumstances that are prevalent in the homes of low-income families prepare children for delinquency through their young years to adulthood. This pattern is present among all racial groups but certainly more prevalent among Hispanics and Black or African Americans. Though there is argument that the law enforcement targets these groups, there is no proof to support such claims.  It would be impossible to completely eliminate a person’s beliefs and racial discrimination all together. Therefore, it is possible that there may be a limited amount of discrimination in the judicial process; however, that also implies that the limited discrimination would be broad and does not necessarily affect only minorities.  The process of obtaining a criminal conviction is unanimous throughout the entire American population.  The over representation of minorities in American prisons is the fault of the social and economic differences in the cultures of American minorities. 


References

American Graduate. (2013). Factors in Dropping Out: Poverty. Retrieved on September 7, 2013 from http://americangraduate.org/dropout-factors/poverty.

Fagan, P. (1995) The Real Root Cause of Violent Crime. Vital Speeches of the Day, 62(5), 157-158. Retrieved from http://web.ebscohost.com.

Federal Bureau of Prisons. (2013). Quick Facts About the Bureau of Prisons. Retrieved September 7, 2013, from http://www.bop.gov/news/quick.jsp

Joy, P., & McMunigal, K. (2012). Does the Lawyer Make a Difference? Public Defender v. Appointed Counsel. Criminal Justice, 27(1), 46-48. Retrieved from http://www.americanbar.org/content/dam/aba/publications/criminal_justice_magazine/sp12_ethics.authcheckdam.pdf

Kerby, S. (2012, March). The Top 10 Most Startling Facts About People of Color and Criminal Justice in the United States. Center for American Progress. Retrieved on August 30, 2013 from http://www.americanprogress.org/issues/race/news/2012/03/13/11351/the-top-10-most-startling-facts-about-people-of-color-and-criminal-justice-in-the-united-states/.

Meyer, F. A. (1989). The Myth of a Racist Criminal Justice System (Book). Policy Studies Review, 8(3), 731-733.

Miceli, T. J. (2008). Criminal Sentencing Guidelines and Judicial Discretion. Contemporary Economic Policy, 26(2), 207-215.

National Poverty Center. (2013) Poverty in the United States Frequently Asked Questions. Ann Arbor, MI: University of Michigan. Retrieved on September 6, 2013 from http://www.npc.umich.edu/poverty/

New Century Foundation. (2005) The Color of Crime. Race, Crime and Justice in America. Second Edition. Retrieved on September 5, 2013 from http://www.colorofcrime.com/colorofcrime2005.pdf

Piquero, A. R. (2008). Disproportionate Minority Contact. The Future of Children 18(2), 59-79. Princeton University. Retrieved September 5, 2013, from Project MUSE database.

U.S. Census Bureau. (2012). The Asian Population: 2010. Retrieved on September 7, 2013 from http://www.census.gov/prod/census2010/briefs/c2010br-11.pdf

U.S. Census Bureau. (2012). The White Population: 2010. Retrieved on September 7, 2013 from http://www.census.gov/prod/census2010/briefs/c2010br-05.pdf

U.S. Census Bureau. (2012). The Hispanic Population: 2010. Retrieved on September 7, 2013 from http://www.census.gov/prod/census2010/briefs/c2010br-04.pdf

U.S. Census Bureau. (2012). The Black Population: 2010. Retrieved on September 7, 2013 from http://www.census.gov/prod/census2010/briefs/c2010br-06.pdf

Weitzer, R. J. & Tuch, S. A. (2005). Racially Biased Policing: Determinants of Citizen Perceptions. Social Forces 83(3), 1009-1030. Oxford University Press. Retrieved September 5, 2013, from Project MUSE database.

Saturday, July 20, 2013

Why I Love Avila Beach - A Descriptive Essay


 Personal descriptive essay.

Why I Love Avila Beach

Of the many places I have visited in my life only a handful have built a lasting impression on me.  Perhaps it is the special characteristics of such places that make them unique, or perhaps it is the memories made and emotions that are felt that evoke a greater meaning than other destinations are able to.  In my experience I have never visited a place that has become more special or meaningful to me than Avila Beach in California.

            I was in the third grade when we lived in Pismo Beach thirty minutes away from Avila Beach. My parents’ busy schedules made a trip into Avila a treat.  Just the drive was special. The narrow two lane road that leads into the small beach city rises and curves its way through lush mountains, offering the opportunity for a fleeting glimpse of a deer or rabbit. I always knew when we were half way there, because the air becomes thick with the smell of sulfur from a hot spring a few paces off the road. As a child, I welcomed the scent as an indicator of what was to come just beyond the mountains.

            By day, Avila is alive with foot traffic that crowds the boardwalk-style street just off the sand.  Small shops are flooded with swimwear, surfing gear, trinkets, and souvenirs. Street vendors selling hot dogs and shaved ice cones line the sidewalk leading up to the pier. The beach is usually just as busy with families picnicking, children building sand castles, and sun bathers soaking the rays that shine bright, seemingly immune to the overcast that hangs above the surrounding beaches. There is never a shortage of fun to be had, but it is Avila at night that I am particularly fond of. 

            On summer evenings when the sun finally sets and the air starts to cool, the beach crowd starts clearing out, and the street shops close. The scents emanating from the many restaurants give way to the salty fragrance of the sea, which becomes more apparent when a breeze drifts through. On a lucky night everything is quiet except for the crashing sound of the waves. Nights such as these are my favorite.

I recall being young, maybe ten years old, and my parents pulling up and parking near the old metal swing set that sits in the sand looking out into the water.  It was a quiet, cool night. The wind blew through my hair as I sailed through the sky on a creaking swing. The water was black and lit only by a soft glow of moon light that illuminated the crest of the waves as they rolled over themselves before drawing back in. I felt an unbelievable peace and freedom that has never been duplicated by any other place in my life.

As an adult, I picture that moment on the swing when stress overwhelms me.  Every time my family takes a trip to the coast I drive them through the same mountains, past the sulfuric spring, and straight down to the swing sets. My husband has come to appreciate Avila for the fish and chips at a small beachfront restaurant.  My children love splashing through the water and making a game of jumping over every slit between the boards on the pier. I have never met anyone who has been to Avila and not enjoyed the time spent there. While my love for this beach stems from a special memory and the feelings it evokes, I believe Avila Beach can appeal to everyone in some way.

I never turn down the chance to drive into Avila. I love the excitement and the way the community is alive with locals and tourist during the day. I long for the solitude and fulfillment the evening air and rumbling waves offer. Many beaches are alike, but for me, none can compare to Avila.

Friday, July 12, 2013

A Lady and a Rottweiler - A Personal Experience Essay

We were required to write an essay about a personal experience.  Not sure about the exact purpose other than that...


A Lady and a Rottweiler

            It takes quite a bit to sway my mind set on something; however, I have recently learned that in one day everything that a person thinks he or she knows about something can change. Sometimes this can be a positive experience. In my case it was a devastating realization of something I had been so sure of. I never would have expected an animal to teach me this lesson. Though I thought our dog was a safe family pet, I was proven wrong one ordinary Tuesday night that I will never forget.

            My husband, Scott, grew up having Rottweiler dogs as pets. He favored their strong and protective nature and swore by their kindness. Naturally, when we decided to get a dog he urged me to consider this breed for our family.  Having small children and no experience with large dogs, I was concerned that a Rottweiler would be dangerous. Despite my reservations, my husband’s wishes won out and we adopted a Rottweiler puppy. We named her Siris. For two years she was part of our family. She played well with my children and was kind and gentle to them. My judgmental nature was slowly overcome and eventually I whole heartedly trusted her, so much so that she became a sense of security for me. Nothing and no one got past Siris undetected.

Being an outside dog, Siris was the master of her backyard.  Every few months we would walk outside and find her sitting next to a dead possum.  We were grateful; after all, no one wants possums living in their trees. In hindsight we should have considered the similarities between an uninvited possum, and Lady, our much cherished feline family member. It never crossed my mind to worry about this since Lady stayed inside the house and Siris stayed outside.  Besides occasionally spying each other through the window, they never came in contact. That is until the day that Lady’s curiosity overcame her.

 It was early summer that evening and closing time for my daycare. All the families had picked up their children, save my sister Brandi and my good friend Paige, whom lingered a bit longer while their kids played with my boys. I was mid-conversation when my sister flew off the couch, shrieking about the dog. “She’s got the cat! Scott, quick, she’s got Lady!” Her words were fast and panicked and her finger pointed at the window she had been staring out.

My heart stopped. I felt instant adrenaline rush through my body as I ran to the back door, tripping over everything in my path.  Scott beat me there; I pushed past him only to see the most horrifying sight I have ever seen. Siris’ wide jaws were firmly locked around Lady’s torso as she thrashed her head right to left, whiplashing my cat back and forth like a rag doll.

I was hit with instant nausea and uncontrollable tears. Scott rushed to the bloody scene while I hurried to the privacy of a closed door. I stood alone trying to collect myself and process what I saw.  Aware of the young and curious ears that were just a room away, I quickly collected myself as best as I could and walked out. I stuttered through a few words of comfort to the children in my care and began my way back to the patio doors, opening them just as my husband came through with Lady in his arms.  I held my breath.  My chest ached with the tears I fought to hold back. Reaching out, Scott gently laid the small motionless body into arms. To my surprise, Lady turned her head and looked up at me with wide frantic eyes. She was alive!

Hope instantly surged through me, then just as quickly vanished as I surveyed her more closely. Her mouth was wide open and she was panting for air. Her stomach bled, but from where exactly I was unsure as I was too scared to move her enough to inspect. She appeared to be in shock, and recalling the way her frail body was shaken, I suspected she was paralyzed. I held her tight and still, spoke a few loving goodbye words into her fur, and looked up to my husband for help.  “She’s suffering,” I said, “do not make her suffer. Take her out of misery. She’s dying.”

I was shocked to see the tiny barely visible tear in the corner of Scott’s right eye. “I can’t,” he replied. His voice was low and shaken. I stood and stared at him, not knowing what I should do or say. I had completely forgotten about everyone else around us until I heard Paige’s voice break in with her objection, insisting that we take the cat to an emergency animal hospital. Common sense found its way back to me and I hurried to the car, leaving my sister behind to care for my children.

Sitting in the veterinarian’s waiting room I recalled the entire scene again in my head.  I made a mental list of what I expected to hear from the doctor.  Broken back, punctured lungs, and uncontrollable bleeding. I already knew that I would be asked for permission to euthanize her. To my surprise, the vet came back to us with a smile. “Nothing is broken,” he started, his tone hinting to his surprise as well, “but I have some concerns.” The doctor explained that she was in relatively good condition in consideration of the circumstances, and that despite a limp tail that may require amputation, there were no signs of any permanent injuries. Lady was lucky; she had been attacked by an 85 pound Rottweiler, and survived.

Neither my husband nor I spoke during the drive home that night. We both knew what the other was thinking and not saying. We knew what became of so many possums. Now we saw her maul our cat. My mind raced with questions of what was possible, what would happen next, and if we could trust her with our children. Not knowing the answers revolted me. I no longer had assurance that she was safe and I feared what she was capable of. It was Scott who broke our silence as we pulled into the drive way. “Siris has to go.” Broken hearted, I agreed.  The next morning we said our goodbyes to Siris and turned her over to a Rottweiler rescue shelter. 

Everyone knows there are no certainties in life.  Anything can change in seconds.  Every time I look at Lady, whom miraculously made a full recovery, I am reminded how fortunate my family is that we saw Siris’ predatory behavior unleash on a cat and not a small child. I will never forget what I saw, and hence, I will never be able to completely trust a dog again. Especially not a Rottweiler.