Draft Research Paper: Can Criminal Justice Reform truly be effective? Abstract: This essay explores the effectiveness of criminal justice reform systems. Criminal Justice Reform was chosen because it's a global issue and because I have a personal connection to it. By analyzing past and current approaches, my research encompasses the historical evolution of these systems and the ever-rising need for improved reform efforts. By exploring the pros and cons of past and current systems, the potential improvements that can ensure fairness and efficacy in the criminal justice system are pointed out to my readers. Honestly, I was excited to conduct my research and deepen my understanding of the topic. There are various proposed improvements to current …show more content…
Yet, its efficacy has come under scrutiny, with concerns ranging from racial biases to punitive measures that exacerbate rather than alleviate societal issues. In an era marked by debates over the efficacy and fairness of criminal justice systems, the question looms large: Can a Criminal Justice Reform truly be effective? I will endeavor to unravel the complexities of criminal justice reform driven by a personal commitment to seek avenues for improvement for fairness and equality. However, persistent disparities and inadequacies underscore the pressing need for reform. Skeptics may argue that the current system, flawed as it may be, represents the best available option, or that reform efforts could jeopardize public safety. However, in a nation that houses the largest population of prisoners, criminal justice reform stands as a cornerstone of societal order, tasked with maintaining lawfulness and dispensing justice. Practices of reform’s effectiveness have often been questioned, with criticisms ranging from racial bias to punitive approaches that exacerbate rather than alleviate issues. My research sets the stage for a comprehensive examination of the complexities surrounding criminal justice reform. We will review historical evolution, high United States incarceration rates, systemic inequities, societal investments, and potential …show more content…
We lead in racial disparities in arrest rates, sentencing outcomes, and access to legal representation. As illustrated by Hessick (2023), a law professor, “The result is a type of bureaucratic creep, with an especially pernicious outcome – specifically, more people in cages”. Ultimately, globally, highlighting deep-rooted biases that undermine the principles of fairness and equal protection under the law. She further explains, that although the role of democracy in the criminal justice system is failing, there is still hope in reforming it with the inclusion of the American public. Rosenberg (2020) urges reform through scrutiny in grand jury secrecy proceedings, “The prosecutor, an agent of the executive department, can operate in a complete absence of effective scrutiny. What she says to the grand jury, what information she chooses to share with it, what information she withholds from it, and what legal instructions she provides to the grand jury are completely beyond the scrutiny of any other branch of government except in extraordinary circumstances. There is no other instance in which a public servant is given such freedom from scrutiny.” Further exploring violations of a defendant’s Fourth Amendment rights by authorizing hearsay evidence. By implementing reforms
The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to
In The New Jim Crow: Mass incarceration in the Age of Colorblindness, Michelle Alexander introduces readers to the phenomenon of mass incarceration in the United States and challenges readers to view the crisis as the “ the most pressing racial justice issue of our time.” In the introduction, Alexander writes “what the book is intended to do and that is to stimulate much needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States.” We come to understand, How the United States create criminal justice system and maintain racial hierarchy through mass incarceration? How the current system of mass incarceration in the United States mirrors earlier systems of racialized
Throughout the semester, we have discussed many different issues that are currently prevalent in the United States, specifically those related to racial discrimination. One specific issue that I have developed interest and research in is that of institutionalized racism, specifically in the form of mass incarceration, and what kinds of effects mass incarceration has on a community. In this paper, I will briefly examine a range of issues surrounding the mass incarceration of black and Latino males, the development of a racial undercaste because of rising incarceration rates, women and children’s involvement and roles they attain in the era of mass incarceration, and the economic importance that the prison system has due to its development.
The question becomes that, after all the progress we’ve made as a society, why do we still allow racism to exist, especially in our criminal justice system? The Sentencing Project, a non-profit organization that promotes changes in sentencing policies and fights against unjust racial practices, conducted a report in July 2009 and found that non-whites made up two-thirds of the people in the US with life sentences (Quigley, “Fourteen Examples of Racism in Criminal Justice System”). Our society is built upon the idea that whites are superior to all other races and, because of this, we may never be able to fully erase racism. However, we can try. Despite what these and other criticisms say, I believe that all humans are equal in all aspects of life, and that race cannot take away a person’s right to live happily and healthily in this world. Although we have come very far, we still have a long way to go. Our efforts will be worth it the day that jail sentences are based on the crime, not the race of the
Much progress has and is currently being made over history for the laws concerning the equal treatment, but this civil rights crisis seems like the criminal system does not follow its own laws. There are more African American males arrested and incarcerated than Hispanic or White males. According to the Bureau of Justice Statistics in 2010, the Black male imprisonment rate was 3,074 per 1000,000 U.S. Black males in total. They are incarcerated at seven times higher than Whites (The Sentencing
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
Nationwide, blacks are incarcerated at 8.2 times the rate of whites (Human Rights Watch, 2000).” This difference in proportionality does not necessarily involve direct discrimination; it can be explained by a number of combined factors. Correctional agencies do not control the number of minorities who enter their facilities. Therefore, the disparity must come from decisions made earlier in the criminal justice process. Law enforcement, court pre-sentencing policies and procedures, and sentencing all have a direct effect on the overrepresentation of minorities in the correctional population.
The criminal justice system is full of inequality and disparities among race, gender, and class. From policing neighborhoods, and the ongoing war on drugs, to sentencing, there are underlying biases and discriminatory practices in the criminal justice system that impacts minority communities and groups. Fueled by stereotypes and generalizations, it is important to identify and discuss what crimes take place and who actually makes it up.
Young, white, upper-class males who engage in crime are significantly less likely to serve jail time or even be arrested, than their black male counterpart. That being said, lower class white males are more likely to be arrested than their upper-class white counterpart. Is money truly the root of all evil? NO, it’s not. It is however what drives both sides of the criminal justice system. Of course, those with a higher SES or less likely to be arrested in general but there is more to it. In class, we discussed the issues of privatized jail and the revenue they make only when filled to capacity. The “If you build it, they will come!” mentality is fully functioning in the prison part of the criminal justice system. Many police forces are set up with numbers in mind, and in order to be successful a certain amount of arrest must be made. The War on Drugs spurred this ideology as the higher amount of arrest led citizens to think that crime was being lowered. Additionally, those with high-class status can afford to be represented properly in the criminal justice system and do not have to fear the extra fines placed on prisoners or even those just convicted of crimes. VICE – Fixing The System showcased stories of returning citizens who faced the stigmas of jail, the fines of the court, and were lead back into a life of crime just to make ends meet. This vicious cycle leads back into the criminal justice system with these returning citizens being rearrested or by violation of parole/payment, due to financial
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...
Racial disparity is highly controversial in all areas of our judicial systems starting with the arrest and ending with the imprisonment. Racial and ethnic disparity exists in nearly all of America’s legal systems, despite the progress over the recent years in social and economic status; the numbers still remain high for minorities in our prison system.
All over America, crime is on the rise. Every day, every minute, and even every second someone will commit a crime. Now, I invite you to consider that a crime is taking place as you read this paper. "The fraction of the population in the State and Federal prison has increased in every single year for the last 34 years and the rate for imprisonment today is now five times higher than in 1972"(Russell, 2009). Considering that rate along crime is a serious act. These crimes range from robbery, rape, kidnapping, identity theft, abuse, trafficking, assault, and murder. Crime is a major social problem in the United States. While the correctional system was designed to protect society from offenders it also serves two specific functions. First it can serve as a tool for punishing the offender. This involves making the offender pay for his/her crime while serving time in a correctional facility. On the other hand it can serve as a place to rehabilitate the offender as preparation to be successful as they renter society. The U.S correctional system is a quite controversial subject that leads to questions such as how does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime punishment or rehabilitation? Our correctional system has several ways to punish and rehabilitate offenders.