There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent. In the United States the criminal justice system is broken down into two models, the Consensus model and the Conflict model. The procedure of achieving justice is comprised on three basic levels: policing, justice, and corrections. The two models of criminal justice system are influenced by a plethora of factors. The first model is the consensus model. The consensus model is the belief that the majority of citizens in a society share the same shared values and beliefs. An example of this …show more content…
To illustrate this imagine that two men get into a fight in Times Square. A nearby police officer notices the disturbance and attempts to separate the two men instead of arresting them on the spot. In this hypothetical situation the police officer needed to use discretion to decide how to best handle the situation. At times however, police discretion causes more problems than it resolves. There have been reports of police being called to a scene were a husband is being extremely aggressive towards his wife. The police feel as the situation that is occurring is not severe, and therefore leave the scene. The next day, the police station receives a call that there was a homicide. As they arrive to the scene, the police realized it was the same couple from day before.” The report details in-depth reviews of 84 cases in which 135 people died, including some instances of homicide-suicide — cases when abusers killed victims as well as themselves. In 48 of those 84 cases, police had previously responded to a domestic-violence call”- (WA Report: Criminal-Justice System Fails Domestic-Violence Victims). At times the unfettered use of discretion can lead to the denial of citizen rights, at times the unfettered use of discretion can lead to the denial of citizen rights, and cause many flaws in the justice system; for example, many communities might have different definitions of what constitutes criminal behavior or what
Prisons where essentially build to accommodate a number of prisoners but over the years it has reach over capacity. Today in the United States there are approximately 193,468 federal inmates that consisting of the Bureau of Prisons Custody, private managed facilities and other facilities. The inmates ages range from 18- 65 with the median age being in their late 30’s. This number is counting both male and female population with male being 93.3% of inmates and females being 6.7%. The number of inmates has steadily increase since 1980 with only having approximately less than 50,000 but today the number has gone more up. Drug offenses are the highest number for inmate’s imprisonment, the next highest offense would be weapons, explosives and arson; immigration and miscellaneous fall next in lines. The number for the other offenses such as robbery, extortion, fraud, bribery, burglary, larceny, property offenses and other offenses are lower. Overcrowding prison has become problematic as the prison population continue to increase leading to proper care and attention for prisoners.
The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.
The consensus model of criminal justice suggests that society strives to maintain a harmonious social order, and social institutions cement social bonds that counteract negative criminal tendencies. "The foundation of consensus perspective is the assumption that societies have an inherent tendency to maintain themselves in a state of relative equilibrium through the mutually and supportive interaction of their principal institutions. Consensus theory is a sociological perspective in which social order and stability and social regulation forms the base of emphasis" (Consensus perspective, 2011, Sociology Index). Societies are interdependent, and every element of society performs some essential function. The interdependent nature of all elements of a society creates a consensus of values and determines what should be required of citizens. By nature, societies are seen as tending towards consensus, and finding an equilibrium of common values is seen as beneficial for society (Sociology perspectives: The order and the conflict model, 2009, Minority Studies). Consensus theorists tend to see minority or dissident groups as troubling, given that they can upset the social structure and cause unrest. The goal of the criminal justice system is to enable people to fit into social institutions.
Before proposing a reform to the American criminal justice system, we must first examine the problems that plague the process of justice on all levels. American society plays an important role in shaping the criminal justice system. Their beliefs and values determine the type of deviants and the consequences of the crimes. Often their beliefs contradict each other.
The problems surrounding the criminal justice system range from a variety of issues in different areas of the system. But i believe they are all connected back to a societal problem, that has to do with a outdated philosophical notion “redemptive violence”. I will break down each aspect, which i find most troubling. I will cover problems between policing and peacekeeping, corrections options, and the issue of redemptive violence which is a major issue in the philosophy of the criminal justice system. These issues represent problems that have always been key topics when discussing problems of ethics in criminal justice. Policing and Peacekeeping are roles that have long been debated in usefulness to stopping crime. Corrections comes with the reality of incarceration having little chance of success but more likely a higher rate of recidivism. I well also touch on briefly the issues of attorney discretion. While the issue of redemptive violence ties them all in, As i well show this philosophy is the “root of all evil” in the issues facing the criminal justice system.
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.
In order to keep a safe society, it is important to establish a nation with
The three components of the American criminal justice system are the police, courts, and corrections. These components operate independently of one another and maintain different goals, histories, and operating procedures (Neubauer & Fradella, 2017). There are two commonly accepted models of the criminal justice system, the crime control model and due process model. These two models vary at the basic level, the crime control model aims to protect society at all costs while the due process model protects the rights of individual citizens (Neubauer & Fradella, 2017). Americas criminal justice system is plagued with multiple issues that drive a wedge between the people and the criminal justice system, such as inconsistencies within the law,
The Consensus model or systems perspective of criminal justice looked at in the study of equality and justice. A criminal justice model in which the majority of citizens in a society share the same belief (Wikipedia, 2017). Nieuwhof (2007) stated that Martin Luther King said, Injustice anywhere is threat to justice everywhere. The justice of former sport athlete’s first amendment rights being examine, and analyzed in this study. Jones (2016) revealed that Kapernick declared that this country oppresses black people and its law enforcement officers kill black people with impunity. According to Butler (2017), the process of law and order is to push black men into the criminal justice system. Kiger (2014) mentioned that during the 1960’s, when Muhammad Ali refusal to serve in US Military during the Vietnam War led to him being stripped of his title, and nearly cost him his freedom. As a Military veteran, I salute the flag because I am proud to be American and love the USA, but I understand racial profiling because it happen to me, I understand being look at differently because of the color of my skin, and understand there is not equality treatment when it comes to our young black men. My love for this country see the importance of standing for the flag, and my being a proud Black person see the importance of taking a knee. I believe for most blacks it is a black and I am proud thing to take the knee for all that blacks have gone through, and
This research paper discusses the issues of people who suffer from mental illness being placed in jails instead of receiving the necessary treatment they need. The number of inmates serving time in jail or prison who suffer from mental illness continues to rise. In 2015 the Bureau of Justice reported that sixty five percent of state prisoners and fourth five percent of federal prisoners suffered from mental conditions such as bipolar disorder and schizophrenia. Individuals who suffer from these problems require special mental health treatment for their needs to be met. Many of our prisons and jails lack the necessary resources to care for these inmates and because of that inmates who do not receive the treatment they need are at a higher risk of becoming a repeat offender. Despite the research and findings that show that the criminal justice system is unable to deal with issues dealing with the mentally ill there has been limited solutions put in place. Given the challenges the criminal justice system faces it is important to address the problem and come up with better solutions. This research paper will discuss the various techniques and solutions that scholars have propped and their effect on the issue of mentally ill criminals and how the criminal justice system should approach the problem.
Everyday 2,220,300 inmates live their lives in prisons throughout the United. That’s about 0.91% of the adult population, or 1 in 110 (BJS 2013). What if you were next? The thought would scare anyone and the flaws in the system pose a threat to low income individuals and minorities. The sole purpose of the Criminal System is to deliver justice for all, by only convicting and sentencing the guilty, while preventing offenders from reoffending. The system was designed to protect the innocent. What if that was not the case? What if individuals were arrested solely because of the fact that they are poor or of a certain
The criminal justice system has many different models. Among them are the crime control model and the due process model. The crime control model focuses on the “standardized, expeditious processing of defendants through the court system and the uniform punishment of offenders” (Rich, 1977, pg. 92). The due process model, however, focuses more on an individual’s procedural rights. History shows that the U.S. will follow a sort of pattern, swinging from due process model from 1781-1900, to crime control model in 1900-1960, back to due process model in 1960-1969 and back to crime control from 1969-2013 (Samaha, 2015, pgs. 44-46). Nowadays, U.S. criminal procedure seems to be favoring the crime control model; however, an ideal criminal justice system would
In 1968 a scholar well versed in the legal system by the name of Herbert Packer wrote a book entitled, The Limits of the Criminal Sanction detailing two types of criminal justice models. These models view the criminal justice process on completing different ends of the spectrum and have some major differences in the two. The models are called crime control and due process, the first major difference in the two is based on the majority of political ruling at the time and as to which model is adhered to more closely. The crime control model tends to utilize traditional conservative views whereas the due process model embodies traditional liberal views over the years the shift of models has changed with the changing of majority leadership of
Introduction: In today's societies, the government and criminal justice systems very much related to ethics because they both establish and carry out definite rights and duties. They also attempt to prevent and/or hold anyone accountable that deviates from these standards. (Wright 2012)
I have come to the conclusion after reading this article that the intended audience is anyone involved in the criminal justice system. Police officers, lawyers, judges, probation officers and everyone in between can find use in the article and its comparing and contrasting of the crime control model and due process model.