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Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73. When Dr. Parenti speaks of “crime in the suites” he means the white collar crime committed in corporate suites where transactions of money so high occur every day that the average person can’t conceive of it. Fraud, tax evasion, blackmail, destroying the environment, providing unsafe food for low income families, are
Estimates as high as 68% of rapes go unreported and 98% of rapists never set foot inside a jail cell. While other crimes against women and children remain unsatisfactorily unchanged because still 1 in 5 women have been victims of physical violence by their partner. The criminal justice system in America victimizes everyone, homosexuals losing custody battles based on their sexual identity, 50,000 children go missing every year in America and 900,000 children a year being abused in horrific ways. The laundry list of crimes Americans have suffered at the hands of their own criminal justice system because they don’t have the right tools to fight back against those that have the ability to sway
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.
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
“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones” (Nelson Mandela, 1994). The United States of America has more people behind bars than any other country on the planet. The prisons are at over double capacity. It cost a lot of money to house prisoners each year. A large number of the prisoners are there because of drug related offenses. There are prisoners who have been sent to prison for life for marijuana related drug offenses. Many prisoners have been exonerated after spending many years behind bars due to the corruption in our legal system. 32 States in United States of America still execute prisoners even though there is no evidence to suggest that capital punishment is a deterrent. Prison reform is needed in America starting at the legal system and then ending the death penalty.
One, is the viable America. The America that is connected to its own economy, and where there is a plausible future for the ones born into it. But there is another America as well. One where opportunity and forgiveness are scarce. Those caught possessing recreational drugs are sent to prison for fifty years or more, never seeing their families and communities again, but rather a six by ten cement block. It doesn’t matter if they had a mental illness that led them to prison, or an unfair judgment because of their skin color. All that matters is that they fill a bed, so that private prison companies will make their pay. This is the current system of mass incarceration in America. Although America currently incarcerates a quarter of all prisoners in the world, people do nothing. 2.2 million citizens are missing from the nation, yet we see it as perfectly fine as these men, women, and children are criminals. Yes, they are criminals but they are also people. People who in our current prison system are being denied the basic human rights. Most prisoners are being tortured with solitary confinement, spending up to seven years with little to no human contact, with no way out. Those who are placed in confinement are not violent criminals but rather African American non-violent criminals. Non-violent criminals who often turned to crime because they are victims of our failed education system, or their parent had been in jail. Our prison
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
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
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
White collar crimes do not garner as much media attention as that of violent crimes (Trahan, Marquart, & Mullings 2005). This is an odd fact because white collar crimes cost society much more than violent crimes do (Messner & Rosenfeld 2007). While there are many different definitions for white collar crime, Schoepfer and Piquero describe it as a nonphysical crime that is used to either obtain goods or to prevent goods from being taken (2006). People who commit these crimes are looking for personal or some sort of organizational gain and are being pressured to be economically successful from the idea of the American dream. The authors suggest that there are two types of people who commit crimes, those who have an immense desire for control and those who fear losing all they have worked hard for (Schopfer & Piquero 2006). Both groups have different reasons for turning to crime, but both groups commit the crime to benefit themselves. It was found that higher levels of high school drop outs were directly correlated to levels of embezzlement in white collar crime (2006). Because they are drop outs, they are less likely to be successful legitimately and turn to crime more often than their graduate
The United States has been known world-wide for entertainment surrounding the police, judiciary, and incarceration systems. These shows and movies are filled with violence - and at the end, the “bad guys” (criminals) always lose to the “good guys” (law enforcement). But this poses the question: should criminals be treated badly due to their offenses? It is common sense that when one breaks the law, they should be punished for it. However, do the crimes committed take away the humanity of the convict? Prisoners are still citizens of the United States and therefore have rights. America’s Incarceration System continues to fail to meet the needs and rights of prisoners due to issues such as overcrowding, lack of health care, discrimination, and sexual assault.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The criminal justice system is composed of agencies and processes established by governments to control crime and impose penalties on those who violate laws. The way criminal justice systems work depends on the jurisdiction that is in charge. Different jurisdictions have different ways of managing criminal justice processes. The components of the criminal justice system are law enforcement, prosecution, defense attorneys, courts, and corrections.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
“Every 98 seconds, an American is sexually assaulted. And every 8 minutes, that victim is a child. Meanwhile, only 6 out of every 1,000 perpetrators will end up behind bars.” (Rainn) While these statistics are scary to look at, it is very difficult to measure the magnitude of this crime accurately due to the lack of reports. Rape is one of the most underreported crimes. “In 2002, only thirty-nine percent of rapes and sexual assaults were reported to law officials.” (Sexual Violence: Fact Sheet.) Sexual violence in the United States is not an issue, but an epidemic in many ways, it is extremely hard for victims to come forward, perpetrators of sexual violence are rarely punished, and there is cultural and political ignorance of the problem.