The concept of legitimacy in a democratic government entails a system in which citizens have control over their representatives’ actions through the electoral process. Chief prosecutors throughout the United States are elected, for the most part, every four years. With the exception of Alaska, Connecticut, and New Jersey, the rest of the nation chooses their chief prosecutor via elections. Traditionally, elections serve as a process to allow citizens to regulate their elected representative, which places that elected representative in a position where he must be accountable to his electorate base or risk losing his position. Considering that prosecutors hold power and discretion to bring forth charges, offer plea deals, control funding, determine …show more content…
Uncontested elections are not legitimate elections, they are evidence to the faulty practices obstruct any chance at real change in the criminal justice system. Academia and research constantly produce studies discussing policy recommendations for police departments including alternate training procedures, drug decriminalization, community policing, and criticism for racist policing practices. However, prosecutors as individuals with substantial influence on criminal justice policy carry the discretion to implement new strategies from academia.Considering that currently, prosecutor elections produce little change for evolving justice systems, these elections must be modified to improve the criminal justice system and promote more civilian participation. According to data from the national survey of state prosecutors, “40% of the chief prosecutors have served twelve or more years, and 72% have served five years or more. The longevity is slightly less for the larger offices, with 35% of those prosecutors serving twelve years or more, and 70% serving five years or more “ ( 592). The long years at power for chief prosecutor illustrates the broken mechanisms that allow prosecutors to stay in office practically invisible to civilian contestation. Legitimate governmental systems cannot operate in a manner that does not invoke civilian participation because these invoke elements of authoritarianism. Current issues like marijuana legalization, police brutality, and mass incarceration cannot solely rely on congressional leaders for change, prosecutors as elected individuals must contribute to change. The lack of accountability produced from prosecutor elections offers little incentive for prosecutors to alter sentencing practices, department prioritizations or what crimes to dismiss, in essence allowing the opportunity for
In the beginning of chapter one, the Supreme Court ruled in the case Florida v. J.L, a police officer may not search individuals based merely on an anonymous tip. The anonymous tip received was that a black man standing at a bus stop was carrying a concealed firearm. Out of the three black men at the bus stop, they searched the man wearing the plaid shirt, as described in the tip. Although public safety issues were recognized, the conviction was overturned. This unlawful search violated the Fourth Amendment of the Constitution, which states, in simpler terms, that the police cannot search an individual or take their property without probable cause.
For the most part, Kohler-Hausmann’s research focuses on the difference between the adjudicative and the managerial model of criminal law administration. On one hand, in the adjunctive model, the law is used to adjudicate guilt and provide an appropriate punishment for said crime (Kohler-Hausmann 614, 2014). On the other hand, under the managerial model the law is used to regulate people with little or no emphasis given towards guilt (Kohler-Hausmann 614, 2014). Kohler-Hausmann makes a significant statement about New York City’s use of the managerial model of criminal law. For one thing, “as low-level arrests dramatically climbed as part of an intentional law enforcement strategy, the rate of misdemeanor conviction markedly declined” (Kohler-Hausmann 615,
The criminal justice system is a gratifying, yet often unfair ruling process. Having said that, a first-rate example of a disapproving situation is when a person(s) of African American decent receives severe punishment for a particular offense, as opposed to what a person of Caucasian decent might acquire for the same offense. My topic of choice is from the ACLU's web page via an article entitled "Race and Criminal Justice", certainly peaked my curiosity. Being a young man with a group of friends consisting predominantly of minorities, this article stuck to my brain by bringing back tons of déjà vu. An acquaintance of mine left for court, accused stealing headphones at a local Walmart with a friend. One of the court hearings was for stolen
Discuss whether or not the criminal justice system could operate without the existence of privileges to evidence. Within this answer discuss why privileges exist and argue for or against the end for privileges and societies interest in these rules of evidence. Discuss a minimum of two different privileges within your answer.
In the criminal justice system there is very rarely a single linchpin that can be pointed to and held responsible for the failure to convict a seemingly guilty person. This reigns true for the very public prosecutions of both Casey Anthony and George Zimmerman. In the eyes of a vast majority of the public, fueled by media spectacle and opinion, Anthony and Zimmerman were guilty even before they ever saw the inside of a courtroom. There simply could be no other answer. The public was subsequently outraged when, after what seemed to be trials of certainty, juries acquitted each. The public sought to find someone, or something to blame. The verdict could not be accepted and many turned their focus to condemn the workings of the criminal
The American Criminal Justice System is one of the best in the world, as it works relentlessly to find a balance between Herbert Packer’s suggested crime control model and due process model. Throughout the course, we have analyzed the different levels of the criminal justice system and have broken down where the criminal justice excels, such as the different courts for juveniles that work to meet the needs of children, and other areas that need improvement. Though the Criminal Justice System is a fundamental part of our nation and was created to protect society, while ensuring that certain rights are given to prisoners, defendants, and other actors, there are flaws within the system that need to be fixed. If appointed Czar of the Criminal Justice
There are many aspects of the criminal justice system that must be considered when determining the most important. Each area of the criminal justice system has its place and plays an important role in the process. For example, an arrest cannot be made without the police, the case cannot be reviewed or adjudicated without the courts, and the convicted individual cannot be placed into supervised confinement without corrections. However, the courts are the most important aspect of the criminal justice system because the decisions made in and outside the court system can serve as a guide for the other areas of the criminal justice system to follow. More specifically, judges and prosecutors hold tremendous power and can shape how laws are enforced,
A number of people do not know how the criminal justice system functions. Their assumptions of how it may, how it may work is shaped by the way that the media along with reality-based television shows portray the justice system and the crimes involved in the episodes. These programs show real events that have or had happened during the arrests of crimes or the first step that an individual takes when entering the criminal justice system. A number of different programs focus on one type of crime while others show quite a variety of different ones, but they are all tied into an individual being inducted into the justice system.
Juvenile Justice System are beneficial to troubled teens. The idea of a teen that is committing crimes is an idea that should be dealt with instead of ignoring and taking the teens to jail for a crime that maybe had some emotional story behind it. The DMC helps the male teens to build their character. Not only does it build character but it also rehabilitates and treats the teens. Specialist are stunned when they found out about this program. Only a few of these programs exist around the country.
Knowledge of U.S. history is crucial in terms of understanding the criminal justice system because history tells why it is they way it is now, what goals and values the system is trying to reach and preserve. History repeats, by gaining knowledge of history, we can better understand and improve the current situation, preventing results that we do not want from occurring.
With voter turnout at low rates, there is no guarantee that the will of the majority is being carried out. This can present problems for the criminal justice administrator. The executive branch, which includes police officers, are sworn to uphold the laws and the will of the majority (Cronkhite, 2013). If those who vote do not represent the majority, then there may be laws that do not represent the will of the majority. This can lead to police and the criminal justice system enforcing laws that the public are against. It is a much easier and quicker process to enact a law that to repeal or change a law. That leaves the executive branch enforcing laws that are not the will of the public. One current event that shows how the will of the majority is changing in some states is the change of marijuana laws in some
Throughout this semester in Criminal law and Procedures I have learned about the criminal justice system more and the laws and procedures behind it all. There have been many cases in the past that have helped us define laws in present day and this cycle continues to happen. But, there are many laws that have not changed or procedures that do not make sense in the court of law. Procedures in the criminal justice system can be so precise that if one word is not said or one small action is not done, it could make or break a case. There are many laws and procedures that I would like to change as well as many I would like to keep.
I believe that we are currently living in a democratic awakening focused on the poor and vulnerable in American society. Until recently there has been no organized movement against the multileveled assault on the poor and vulnerable in American society, despite the heroic work of a few. However as our society awakens, more and more Americans realize that our Criminal Justice system is broken and still serves as a system of bondage, rather than rehabilitation. This indifference continues to promote the systemic breakdown of black and poor communities devastated by single parent households, mass unemployment, social neglect, economic abandonment, and intense police surveillance. In attending Virginia Commonwealth University as a Ph.D. student
This paper will discuss the criminal justice systems of the United States of America and the Republic of China. While comparing and contrasting the nuances of these systems one should base his facts with the premise that both have been instituted in their respective countries in the attempt to primarily curb the proliferation of crime, proceed to apprehend offenders and act to deter potential offenders. The criminal justice systems in both the countries make use of a court system, police enforcement establishments and correctional facilities. However, the similarity falls short of the radical differences which are rooted in ideologically opposing government structures.
The criminal justice system of the United States is based on a system fragmentation and operation. This system consists of overlapping powers between the state and federal laws that creates a conflict with regards to criminal justice. Consequently, this generates a dysfunctional and inefficient system that a times fails to produce credibility in criminal justice. The rationale behind this is that there is no clear interpretation concerning where federal law ends and where state law begins.