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The History of Criminal Justice in the United States 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. Since English colonizers were the first to establish an extravagant, European society in North America, it is unsurprising that many of the aspects of the American administration of justice stemmed from its mother country. In England, law enforcement was an unorganized mess until the year 1200 (Schmalleger 137). The police system remained static from 1285 to 1829, until when Sir Robert Peel instituted the modern police force (Schmalleger 139). However, early American law enforcement was bound to be different, due to the differences of American and English life and environment. In the beginning of the colonial law enforcement, towns and cities inaugurated versions of the English day ward and night watch, but these processes did not remain in place for long (Schmalleger 139). As the American landscape began to broaden its horizons, its administration of justice had to expand to accommodate new situations and environments. In the early nineteenth century, due to lack of law enforcement, the frontier presented itself as heavenly to outlaws and bandits (Schmalleger 139). Many citizens took up the task of protecting others in a form of vigi... ... middle of paper ... ...t is extremely extensive and elaborate, far different from its humble beginnings (Schmalleger 145). American government has expanded much over the decades to include 14 departments and 28 non-departmental conglomerates, each with its own direction and purpose concerning a specific area needing law enforcement; in addition to new entities, there also are at least 137,929 officers employed by the government (Schmalleger 145). All officers and departments work continuously and uniformly in order to administer justice as properly and swiftly as possible. Time may pass and personal morals may change, but one of the strengths of the United States of America is its unwavering dedication to justice. Throughout time, this country’s methods and laws have grown and adapted, but the basis of the law enforcement’s work has remained the same: the safety and interest of the people.
Published on the heels of Billing’s article, Douglas Greenberg’s “Crime, Law Enforcement, and Social Control in Colonial America” (1982) examines the effectiveness and factors of colonial law enforcement. Unlike New England’s legal system, which he describes as the most effective in seventeenth century America, “the Chesapeake colonies weathered a terrifying degree of conflict that was reflected not only in personal assaults and frequent thefts, but in substantial political violence as well.” He argues that the Virginia colony was at an innate disadvantage in terms of social order since the unequal sex ratio and age distribution meant a high level of violent crime. As such, stable family units which could have helped in subduing such undesired
American policing originated from early English law and is profoundly influenced by its history. Early law enforcement in England took on two forms of policing, one of which heavily influenced modern policing and it is known as the watch (Potter, 2013). The watch consisted, at first, of volunteers which had to patrol the streets for any kind of disorder including crime and fire. After men attempted to get out of volunteering by paying others, it became a paid professional position (Walker & Katz, 2012). The three eras of policing in America are shaped by these early ideas and practices of law enforcement. Throughout time, sufficient improvements and advancements have been made from the political era to the professional era and finally the community era which attempts to eliminate corruption, hire qualified officers and create an overall effective law enforcement system.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
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).
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
The Law Enforcement Profession Abstract In order to understand comptemporary law enforcemment, we should recognize the conditions that impact our profession. It is agreed upon by many scholars that major changes in law enforcement occur every five years. Policing is sometimes characterize"... like a sandbar in a river, subject to being changed continuously by the currents in which it is immersed..."
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
Pollock, J. M. (2012). Crime & justice in America: An introduction to criminal justice (2nd ed.). Waltham, MA, USA: Anderson Publishing (Elsevier).
At the time of the nation’s founding in 1776, the decentralization of police power was seen as a safeguard against government oppression and tyranny. Nevertheless, local police departments in the United States of America often used repressive and illegal tactics, particularly against criminals, members of minority groups, immigrants, and others labeled undesirable (Police Brutality).
The three eras that have characterized the field of criminology over the past 100 years are the “Golden Age of Research,” the “Golden Age of Theory,” and an unnamed era that was “’characterized by extensive theory testing of the dominant theories, using largely empirical methods’” (28). The “Golden Age of Research” era spanned from 1900 to 1930 according to John H. Laub. This era is identified as focusing heavily on the collection of data surrounding crime and the criminal. This data was assessed without “any particular ideational framework” (28). The second era, the “Golden Age of Theory,” spanned from 1930 to 1960, also according to Laub. This era is also rather self-explanatory, it is described by the development of theories; however, Laub
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.
Recent studies show the most troubling legal problems facing law enforcement agencies today is the impact of criminal and civil liability. The amount of police litigation appears to be increasing with a movement towards larger monetary damage awards. Today’s reality is law enforcement agencies are increasingly being litigated. It appears the shift has moved from the slip and fall, mom and pop type business, to governmental agencies with deep pockets. This trend combined with the increasing violence in our schools, malls, churches, and movie theaters, make for a treacherous environment for modern policing.
American law enforcement agencies are based off the English models which began in the early 1800’s. In 1829, the English Parliament passed the Metropolitan Police Act (Walker, 1983). Sir Robert Peel who has been credited as the father of modern policing introduced this act to Parliament (Walker, 1983). This act established the London Metropolitan Police which was the model for American policing. This method of policing incorpor...
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society along with an underlying, perpetual fear of crime are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfarism and popular punitivism over the course of only a few hundred years.