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Morality and its effects
Morality and its effects
American justice system signifance
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Problematic Theological Models of Justice & Views of Humanity In contemporary writing and research in criminal justice reform, policy changes in policing, sentencing, and imprisonment have been debated topics of discussion. However, some scholars have suggested there must be an examination of our philosophical and, as this paper argues, theological understanding of justice. This is because theological justice is the crux of which policies and regulations can be adjusted to make meaningful change (Soltis, 2011). According to Zehr (2005), the two most dominant theological models of justice in the Christian tradition are the retribution model and the restorative model. The retribution model is oriented to the past and is concerned with providing …show more content…
Both theological models influence how justice is carried out. However, both models fail to provide meaningful justice to communities with high incarceration rates because the models are inherently tied to white supremacy in the United States, often require punishment and suffering, and do not address the communally traumatic nature of mass incarceration.
Ties to white supremacy. Vesley-Flad (2016) connected Puritan and Calvinist theology that formed the moral and philosophical basis for the penal system in the United States to white supremacist ideology that shapes our system today. She argues that theology became fused with the racist and white supremacist ideology during the time of slavery. This theology was reflected in the models of justice of the time, which was dependent on Calvinist concepts of inherent depravity and moral and civil law. Inherent depravity placed the responsibility of sin solely on humanity and the moral and civil law valued work ethic and divinely appointed social order. Those who did not conform to these ideologies were seen
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As described previously, the effects of mass incarceration reach far passed an individual serving a sentence. Yet, the retribution and restorative models of justice tend to have a very individualistic emphasis, especially with punishment. There is little consideration for the impact that incarcerating an individual will affect their families and communities. The psychological, social, and economic damage inflicted on communities has created a justice crisis. Is our criminal justice system promoting more injustice than justice? From an individual standpoint, many argue that it is an individual that commits a crime and thus, an individual must be punished for such crime accordingly. Taking a communal level perspective would be unjust according to many. However, it is in the individualistic argument that an examination must be done of the white supremacist entanglement of our theological models of justice in the US. It seems as though the social order and hierarchy may be more easily maintained when the individual is seen outside of his or her communal context. In fact, by penalizing individual with little regard for the social impact, it is spreading the “guilt” and punishment to an entire community. This view of humanity reflects isolation and lacks the reality of interdependence that is the basis of our
According to Alexander (2010), states the United States, has switched to a new form of racism know as color blind racism. Color blind racism refers to contemporary racial inequality as the outcome of nonracial dynamics. The types of practices that take place under color blind racism are subtle, institutional and apparently nonracial. These practices are not racially overt in nature, such as racism under slavery, segregation, and Jim Crow laws. Instead, color blind racism flourishes on the idea that a potential cause of such disproportionately high incarceration rates for African Americans is that they are disproportionately poor. When black people were emancipated many things were in a shamble for all people. Whites didn’t know what type of control they were going to have over the people of color. At least when blacks were in slavery the racial order was most effectively maintained, by contact between slave owners and their slaves, they had the control for supervision and discipline, and there was less resistance or rebellion behavior when they had control. This threatens slave owner’s interest and created a social distance or an inferior behavior from slaves. It would seem that white control was unclear since slavery was gone (Alexander 2010). There is nothing new about the lack of correlation between earlier system, crime and punishment. Punishment is primarily a tool of social control, the extent or severity in which a person receives is based on the crime. The reality is that the American penal system has emerged as a system of social control
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.
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). The ‘alternatives’ which are being questioned are community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is itself finished and is based on the premises of the old system (Mathiesen, 1974). Moreover, Restorative Justice is not an alternative, as it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based punishment alternatives have actually led to a widening and expansion
Mass incarceration in the United States has been a very prominent and distinct feature of our criminal justice system. The rates of which this system imprisons is very unequal when compared to other countries in the world, as well as when compared to other races within the United States itself. Mass incarceration does alter the lives of those who are within its prison system, and also those who are related to those individuals whether it be through blood or bond. These effects can extend to disrupting one’s life to the point where they can’t vote, go to school, hold a job, or deprive them of other rights, and affect others whereby they may be more likely to experience negative life events, be deprived of resources, and/or be more
For years now, incarceration has been known to be the center of the nation’s Criminal Justice Center. It’s no secret that over time, the criminal justice center began experiencing problems with facilities being overcrowded, worldwide, which ended up with them having to make alternative decisions to incarceration that prevent violence and strengthen communities. These new options went in to plan to be help better develop sentencing criminal offenders.
Alexander does an incredible job of covering the issue of race in today’s criminal justice system. We discussed in class that it is a relatively difficult issue to discuss and a sore point of our country, but she recognized the need for it to be addressed from start to finish and really paints a picture of how racially biased the laws are and have been since the days of slavery. I think an important framework to discuss race and the causes and responses to crime is something that Alexander deems the new caste system. She argues that our new system is the rebirth of a redesigned caste system. In her introduction, she notes that “to put the matter starkly: the current system of control permanently locks a huge percentage of the African American community out of the mainstream society and economy. The system operates through our criminal justice institutions, but it functions more like a caste system than a system of crime control” (Alexander, 2012, p. 13)
Community-based corrections offer a viable alternative to imprisonment. As an alternative, a community-based correction save on cost, reduces prison populations, is an effective form of rehabilitation, is humane, and supported by public opinion. However, despite the potential for community-based correction for reducing prison population, this has not been the case. Judges are reluctant to hand community sanctions, and sentencing philosophy does not support it as an alternative mechanism for punishing offenders (Mackenzie, 2001).
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.
For much of the twentieth century, punishment and crime have portrayed some of the most powerful signs of the racial divide in the United States. Marginalized and the poor remains the most biased against the criminal justice scheme (Barak, 2010). Throughout the Americas. racial minorities were tried in white courtrooms by white juries. Class and race are challenging.
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
Even excluding to consider the civil ramifications of imprisonment, the current standpoint neglects other measures effects. These incorporate damaging, faculty of crime and the crimes within the prison. Prison is a school of crime in which criminals first learn and then improve their skills at criminal behavior and create connections with other criminals. This account implies that incarceration removes prisoners from social networks connected with employment and instead connects them to associate with criminal activity. Some scholars have argued that incarceration does not necessarily reduce crime but merely relocates it behind bars. Increasing incarceration while ignoring more effective approaches will impose a heavy burden upon curst, corrections and communities, while providing a marginal impact on
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
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
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.
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 welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.