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Evolution of the criminal justice system in america
Critical examination of the american criminal justice system
Critical examination of the american criminal justice system
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Recommended: Evolution of the criminal justice system in america
After reading the articles and consulting Reiman’s book, all of the authors discuss the importance of altering our criminal justice system to enhance the morally functioning aspects and to abolish the qualities of the system that are the problem.
In order to ‘fix’ our broken criminal justice system, as seen through Reiman’s eyes, the necessity of our focus should be on implementing policies that will make our system not criminal in itself.
In both Human Rights Watch articles and the opinion, which references the Attorney General Holder’s 851 enhancements, racial discrimination and proper punishment are the central aspects that support our system being criminal. The statistics given prove that the perception of color is taken into account when sentencing criminals, which is wrong. Plus, the punishments for drug possession, as an individualistic act, have absurd sentences. As well as, Holder’s memo where the 851 enhancements can double a criminal’s sentence and even lengthen the given maximum time for second time drug offenders. In order for our system to be just, one first has to remove all discrimination and bias, then provide proper punishment based on the harmfulness of the act.
One viable policy proposal that could help to correct our system is by protecting society, realizing that poverty and
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The main negative side effect for the policy proposals is the risk that the changes are slight and have no real weight for producing a successful turn around in our system. Furthermore, if the public doesn’t support the policies or get on board, then the success will be
After viewing the documentary: America's War on Drugs - The Prison Industrial Complex, it is clear that the Criminal Justice System is in desperate need of reconstruction and repair with policies such as the mandatory minimum sentencing act which has proven to be unsuccessful and unjust in its efforts to deter 'criminals from committing illegal acts' as seen with the increase of incarcerations of the American people and the devastating effect it has had on those in prison and the family members of those incarcerated.
In “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman he offers a detailed explanation of many different ways to define justice and allows the reader to fully comprehend the meaning of it. Before he even began explaining justice he gave his own experience with crime as way to convey to the reader how his rights had been violated and he had been filled with anger at the criminals instead of the justice that failed him. This first hand encounter with crime allowed Reiman to prove to readers that justice is what is what protects us and it is the criminals who are the problem. To see that even a man who had thought and written about nothing but crime for thirty-five years could still become
Many changes are made inside the justice system, but very few have damaged the integrity of the system and the futures of citizens and prisoners. Although the story seems to focus more on lockdown, Hopkins clearly identifies the damaging change from rehabilitation in prisons to a strategy of locking up and containing the prisoners. To the writer, and furthermore the reader, the adjustment represented a failure to value lives. “More than 600,000- about 3 times what it was when I entered prison, sixteen years ago. In the resulting expansion of the nation’s prison systems, authorities have tended to dispense with much of the rehabilitative programming once prevalent in America’s penal institutions” (Hopkins 157). The new blueprint to lock every offender in prison for extended sentencing leads to an influx in incarcerated people. With each new person
Reiman states his thesis in the Introduction. He claims that the goal of the American criminal justice system is not to eliminate crimeor even to achieve justicebut to project to the people an image of the idea that the threat of crime eminates from the poor. The system must "maintain" a large population of poor criminals, and to this end, it must not reduce or eliminate the crimes that poor people commit. When crime declines, it is not because of our criminal justice polices, but in spite of them. In testing this idea, Reiman had his students construct a correctional system that would maintain a stable and visible group of criminals, rather than eliminating or reducing crime, and they suggested the following:
With matted hair and a battered body, the creature looked at the heartless man outside the cage. Through the dark shadows you could only see a pair of eyes, but those eyes said it all. The stream of tears being fought off, the glazed look of sheer suffering and despair screamed from the center of her soul, but no one cared. In this day in age I am ashamed to think that this is someone's reality, that this is an accurate description of a human being inside a Canadian women's prison . Exposing the truth behind these walls reveals a chauvinistic, corrupt process that serves no greater purpose. The most detrimental aspect of all is society's refusal to admit the seriousness of the situation and take responsibility for what has happened.
The individuals within our society have allowed the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflicts with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, reside in our ability to observe the Individual’s rights for public order. 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 packers believed in which ones rights are not to be infringed, defrauded or abused was to be considered to be the ideal for procedural fairness.
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.
So, in a time of social, political and economic change it makes sense that how we enforce the law and systems of punishment would begin to shift into the public eye. Gunther claims that we have a criminal processing system, rather than a criminal justice system; But what makes a criminal justice system an impartial justice oriented system rather than the harsh, biased and unfair processing mechanism that Gunther saw? For this, we look to Packer’s four assumptions of a justice system.
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
In the essay "Prison "Reform" in America," Roger T. Pray points out the much attention that has been devoted to research to help prevent crimes. Showing criminals the errors of their ways not by brutal punishment, but by locking them up in the attempt to reform them. Robert Pray, who is a prison psychologist, is currently a researcher with the Utah Dept. of Corrections. He has seen what has become of our prison system and easily shows us that there is really no such thing as "Prison Reform"
The 19th century reform movement made a valuable impact on the future of the criminal justice system by rationalizing laws, civilizing punishments, and introducing prevention and rehabilitation. Nevertheless many of the developments had design flaws and were altered to accommodate growing needs. Today many problems still exist within the criminal justice system and reformers are still making efforts to reduce crime and improve rehabilitation.
In today's society, we are facing many changes. Our own family, neighbors, and countrymen are afraid of many dangers which influence their lives. Although many people have fear which resonates in their consciousness and unconsciousness, the United States has a comparatively low crime rate. Despite this low crime rate, America incarcerates it's citizens five times the rate of Canada and seven times that of most European democracies.(Slambrouck, Paul. 24) Our society needs to be changed. We cannot blame the individuals involved in wrongdoing but we can blame our society who raised these criminals. Of course someone who kills another human being needs to be put away in some form; but we need to make changes. We need to help as many maladjusted people as we can. There are some steps which really seem to work. There are many prison inmates who come from broken homes and have low self-esteem. What needs to be done to help these insecure people, who are at war with themselves and society, is to rehabilitate them. The problem is the prison officials do not try to teach the prisoners how to learn from their mistakes.(McGovern, Celeste. 42) What actually happens is that criminals tend to be better thefts, and have the ability to out smart the police. Our politicians need to stress how important vocational, educational, drug-treatment, and religious programs are, in order to improve the attitude and demeanor of these convicted felons. This is the only way to keep ex-con's from jail.(DeLuca, H.R. 38) Another problem with America's prison system is overcrowding. There is a huge amount of young conscienceless offenders who are entering today's prisons. Imagine trying to compact eight gallons of water in a five gallon con...
In this paper, I propose to talk about how all the three parts of the criminal justice system works and also delve a little bit on the issue of racism in context of the criminal justice system as a lot of people believe that the system most of the times acts keeping the individual’s race in mind.
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.