Federal_vs._State

Federal vs. State Policy Comparison Charles Mathis CJA/464 5/21/2012 James McDemott The government no matter if they are federal or state they have policies, it’s how they handle them that makes people wonder do they communicate with each other. When policies are thought up it is to better citizen’s life, but does the government at the federal and state levels really get the input of citizens, or communicate with citizens when new laws go into effect. In this paper I will compare and contrast the differences and similarities of federal and state government criminal justice policies. I will also address the aspects in development and implementation when making a policy. There are four theories. Within those four theories they are punishment, deterrence, incapacitation and rehabilitation. Before the government can make a policy, the problem must exist for years and it has to call attention of the government. Example of this would be Illegal immigration has been going on for many years and after a while people considered it such a serious problem that it required increased government action. To compare and contrast; laws are written at both federal and state government. Even though both seem to be really easy to understand when looking at them, the federal policies written deals entirely with United States while policies written at the state level deals in the state the policy was written in. As we look at policies information on how these policies was developed and how they are implemented. Explanation will be giving on how offenders will be prosecuted, and how the level of court will prosecute and with depending on the severity of the crime will depend on the sentencing. American citizens tolerate a certain level of crime before they become tired of the crime; however, it becomes an issue for policymakers to address when crime rises dramatically or is perceived to be rising dramatically. Specific events (violence, drug use) can place a pokily on the agenda. People know pretty much the ideal of criminal law and what it covers, but “However, more specifically, it encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, with penalties”. (Criminal Law - Guide to Criminal and Penal Law, 1995-2010) For the federal and state government their policies are in place to reduce and prevent crime such as violence, drugs, but they also help to improve the functioning of the criminal justice system. With three components for policies federal, state, and planning; “Federal provides national leadership in criminal justice policy, training, and technical assistance to further the administration of justice. It also acts as a liaison to national organizations that partner with the BJA to set policy and help disseminate information on best and promising practices”. (Wiley) At the federal level, public policies are enacted to regulate industry and business, to protect citizens at home and abroad, to aid state and city governments and people such as the poor through funding programs, and to encourage social goals. At the State level they “coordinates and administers all state and local grant programs and acts as the BJA's direct line of communication to states, territories, and tribal governments by providing assistance and coordinating resources”. (Wiley) Planning Office coordinates the planning this is where policies are in the stage of planning and communicate these are agenda building, formulation, adoption, implementation, evaluation, and termination. Budget formulation and execution; provides overall BJA-wide coordination; and supports streamlining efforts”. (Wiley) The implementation or carrying out of policy is most often accomplished by institutions other than those that formulated and adopted it. A statute usually provides just a broad outline of a policy. The Supreme Court has no mechanism to enforce its decisions; other branches of government must implement its determinations. Successful implementation depends on the complexity of the policy, coordination between those putting the policy into effect, and compliance. The implementation of the selected option represents a critical aspect of the policy process. Policy established and carried out by the government goes through several stages from inception to conclusion. As stated by Dr. Brian Slack & Dr. Jean-Paul Rodrigue with 10 steps of policy implementation and policy making this is the only way policy implementation and the making of policies will work. 1. Policies must not face insurmountable external constraints meaning that the policy must not exceed the jurisdictional or constitutional limits of the agency. 2. Adequate time frame and resources. The policy may be appropriate, but may fail because its implementation took longer or was more expensive than budgeted. 3. Adequate staff and resources to carry out the policy. 4. Policy and theory must be compatible. Public ownership was seen as a valid policy alternative. 5. Cause and effect relationships policy must be direct and uncluttered. A successful policy must be seen to be based on clear and unambiguous relationships. 6. Dependency relationships kept to a minimum if policy has to rely on others. 7. Agreed upon and understood all in the policy making must possess a clear understanding of the policy and what is required to carry it out. 8. Specified in an appropriate sequence. Difficulties may arise if the steps are not carried out in the correct sequence the policy may fail. 9. Communication and coordination the policy it has to have this to poses the same information. 10. Compliance. Agencies involved in implementing the policy must work towards total compliance. To compare and contrast policies and talk about differences and similarities at the federal and state level is a big issue, just to think the federal has to make policies for the whole United States while the states make them for their own state. With the policy making a 10 step agenda it just shows policies making it not easy. So how can they make sure it works before making it a law, or get the point out to Americans. This paper I talked about the differences and similarities for both level and address the aspects of policy development and implementation. References: Criminal Law - Guide to Penal Law What is Criminal Law: Find Comprehensive Information for US and International Crime Law http://www.hg.org/crime.html#states Dr. Brian Slack & Dr. Jean-Paul Rodrigue, J-P et al. (2009) The Geography of Transport Systems, Hofstra University, Department of Global Studies & Geography, http://people.hofstra.edu/geotrans/eng/ch9en/conc9en/ch9c2en.html John Wiley 2000-2012. The Policymaking Process http://www.cliffsnotes.com/study_guide/The-Policymaking-Process.topicArticleId-65383,articleId-65551.html