Criminal Justice System In America

"I felt the need to explain to people what Walter had taught me. Walter made me understand why we have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent. A system that denies the poor the legal help they need, that makes wealth and status more important than culpability, must be changed." (Stevenson 313)

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 Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

The case sends the message that “families that have money, you can drink and drive . This is a very , very dangerous thing we're telling our children.” This proves that “society is often Unequal” because poor people are treated differently than the rich people.

It has been brought up that certain race and ethic affects a person’s sentencing. Many studies have addressed the question are African Americans treated more severely than similarly situated whites? (Mitchell, 2005). Observers had indeed noted that black defendants get more severe sentencing than white defendants do (Spohn, 1981). For many years’ social scientist has examined this theory and came up with three explanations, racial discrimination, Wealth discrimination, and legal factors (Sellin, 1928). These three explanations all direct back to blacks because blacks are more likely to be poor, so they are wealth discriminated. Also, legal factors point to blacks because black defendants are more likely to have a serious charge or criminal record than whites do. Some researchers examine whether race has an impact on juveniles being convicted in the adult system (Howell, 2012) as well.

The criminal justice system is made for two groups of people: the poor and the wealthy.

"I felt the need to explain to people what Walter had taught me. Walter made me understand why we have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent. A system that denies the poor the legal help they need, that makes wealth and status more important than culpability, must be changed." (Stevenson 313)

7) In criminological theories, we saw how police activity is largely geared towards minor visible crimes committed by individuals from the lower stratums of society as oppose to “white collar crimes” committed by those of higher stratums (Dubé, CRM 3701, 2011). Abolitionists argue that by severely punishing some of the poor in order to deter society from committing crimes; we are only further contributing to the inequalities in today’s society.

In the book Just Mercy: A story of Justice and Redemption by Bryan Stevenson, there are several topics discussed regarding the American Justice system. One of those many topics discussed is regarding how a person’s race, social status and income, may influence the outcome of a court trail. In present day America, many years after the era of Jim crow and segregation the Justice system still seems to be more lenient towards white Americans, especially those with high income and a good standing in society. The American justice system has become unjust in the trials deemed to be fair, due to an evident prejudice against minorities, their social status and whether or not they receive a well off or poor income.

More than two centuries ago, the death penalty was commonplace in the United States, but today it is becoming increasingly rare. In the article “Should the Death Penalty Be Abolished?”, Diann Rust-Tierney argues that it should be abolished, and Joshua Marquis argues that it should not be abolished. Although the death penalty is prone to error and discrimination, the death penalty should not be abolished because several studies show that the death penalty has a clear deterrent effect, and we need capital punishment for those certain cases in which a killer is beyond redemption.

The book "The Rich Get Richer and the Poor Get Prison" by Jeffrey H. Reiman provides a very interesting account of how the rich are being treated by the criminal justice system in a more favorable than the poorer and nonviolent criminals who are generally mistreated. Reiman started his book by stating that the recently noted decline in crime rate is skewed. This is clear in the 12th page of his book when he stated that After more than 20 years of telling us that crime was growing out of control and proposing more cops and tougher laws and more prisons, crime rates are now coming down and politicians are jumping to claim credit for the reductions" (Reiman ,p. 12).The book is a well written text that effectively examines the various harmful acts that are committed by the rich in our society. These harmful acts include bribery, medical crimes, and embezzlement of public funds, crime against consumers as well as environmental crimes such as unsafe workplaces as well as pollution among many others. Reiman's book, in its thorough analysis of the various harmful acts noted that there is a particular bias against the poor people within the American criminal justice system.He demonstrated that acts like murder, assault and theft that are committed by the poor people are treated by the criminal justice system as very serious crimes while on the other hand, other harmful acts like bribery, medical crimes, embezzlement of public funds, crime against consumers as well as

Jeffrey Reiman, author of The Rich Get Richer and the Poor Get Prison, first published his book in 1979; it is now in its sixth edition, and he has continued to revise it as he keeps up on criminal justice statistics and other trends in the system. Reiman originally wrote his book after teaching for seven years at the School of Justice (formerly the Center for the Administration of Justice), which is a multidisciplinary, criminal justice education program at American University in Washington, D.C. He drew heavily from what he had learned from his colleagues at that university. Reiman is the William Fraser McDowell Professor of Philosophy at American University, where he has

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

There is seen to be a link between power and crime, the more powerful you are, the least likely to be committing a crime, so the lower classes are discriminated here as they don’t have the same power a middle-class or upper-class businessman might have therefore they are labelled to be trouble-makers, they are treated harsher by the criminal justice system than their peers, but the lower class is seen more favourably than ethnic minorities, especially ethnic groups that have less power than them. In the 1960’s, researchers found that blacks were more severely sentenced than whites. Hagan in 1974 reviewed many of the findings supporting racial discrimination and found that studies were not allowing for the possibility that black defendants may be charged with more serious crimes than whites, and may have more serious criminal records (cited in ‘Theoretical Criminology’). Lizotte in 1978 found that blacks have been shown to receive harsher sentences because they are less likely to make bail, since they are less affluent, and this reduces their ability to provide an effective defence.