Criminal Law And The Criminal Justice System

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

Across the United States, city and county governments seek to gain revenue through the illegitimate jailing of indigent defendants who cannot afford to pay the large and cumbersome fines that accompany committing (seemingly petty) crimes— such as missing court dates, a requirement for classes such as anger management, the list goes on. Indeed, the practice of debtor’s prison has long been ruled unconstitutional by the Supreme Court within the United States, yet a contemporary form of debtor’s prison has begun to take form which targets vulnerable populations. When an individual commits a crime, they are to be justly punished. If this punishment consists of a fine, that fine is expected to be paid accordingly; if the fined individual simply does not have the time or money to pay these steep fines, however, they are sent to jail indefinitely. This rise of financial burden imposed upon the liberty of low income citizens through the fining, issuing of fees, and jail time sanctioned by the criminal justice system has resulted in new, illegitimate, and ostensibly unconstitutional forms of debtor’s prisons that permeate contemporary U.S. society. Jeopardizing the liberty of vulnerable populations, based upon material inequality and extraction of necessary resources, only does one thing within a society: continue the cycle of poverty and increase the poor’s dependence upon the rich for their liberty, equality and most importantly, survival.

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 population of offenders in correctional institutions in the United States is at an alarming amount, and it doesn’t have to be. Each year 7 million offenders are absorbed and expelled from correctional institutions and jails, placing a heavy burden on the criminal justice system (Morgan, 2011). Many of these offenders will recidivate, and with rates that are estimated at 70%, means 4.9 million will eventually return to the criminal justice system, creating a vicious cycle of arrest, re-arrest, and imprisonment (Morgan, 2011). Among this population are offenders with mental illnesses that need to be addressed, or specialized care that needs to be administered. Without the support of mental health programs such as mental health court,

In the United States the criminal justice system does not always create policies that affect everyone equally. There are many policies that seem to target a specific group of people, whether this is intentional or not is beside the point. The important thing is to change the criminal justice system in order to stop race disparities. Marc Mauer in his lecture speaks of the reason for the disparity between races when it comes to the incarceration rate, as well as steps that can be taken in order to elevate, and or stop the disparity in the criminal justice system. Other topics that Mauer covers are the impact that policies can have on a specific group in the United States, and the overwhelming disproportion when it comes to drug arrest, and the people who get arrested.

E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. p. 425. Retrieved August 31, 2017, from https://www.betheluniversityonline.net/cps/default.aspx?SectionID=5980&tabid=154#1

The United States has the highest incarceration rate in the world. Many failed policies have led us to the issues we have today. Policies such as America’s “get tough on crime” failed us and put us into a bigger hole than we already were in. Our criminal justice system needs to be evaluated and failed policies and procedures must be thrown out. It is a time for a reform for our criminal justice system. However, we must first address these policies and procedures that led us to where we are today. By learning of our mistakes it will hopefully allow us to move forward and have a successful criminal justice system.

According to Shae Irving, the word “criminal” is describe as “the society’s belief that certain act are unacceptable and that any perpetrator should be punish” [ (Irving, 2008) ]. Enter the American Criminal Justice System. This paper will give a brief description of the Criminal Justice System and its purpose, and describe the key component of this system. It will also discuss the purpose and function of each component and their main responsibilities.

The point of the paper is to inform the reader that the criminal justice system in the United States is far from perfect because we are convicting innocent men and women for crimes they did not commit. One of these many people are Rubin Carter, who was wrongfully convicted of murdering three people at a bar named, The Lafayette Bar and Grill the morning of June 16, 1966. Carter along with a man named John Artis both ended up being sent to prison, not once but twice for killing of those people that night at the bar. Only after appealing several times for many years, they finally were able to resolve the issue, they were cleared of the charges and Carter was released from prison. By the time they were cleared, Artis was already paroled and

When a person is charged with a crime the type of defense that they choose could ultimately determine their fate. There are many different types of defenses that exist in our criminal justice system. In this paper I will be taking a brief look at two different cases that have implored two different types of criminal defenses. I will look at the nature and types of defenses used in the cases and what evidence was used to demonstrate defense. I will describe how justification and excuse played a role in the cases and I will also be describing the outcome of each case.

To be qualified as an law enforcement professional you have to graduate high school or have an

The United States criminal justice system has an extensive history that can be traced as far as the colonial period. Our founding forefathers placed great emphasis in creating laws that would safeguard the protection of people in the free world resulting in the development of the Constitution and Bill of Rights. Although the Constitution and Bill of Rights remain as the standing living document of how laws are fundamentally interpreted and applied, the procedures from which justice is carried out has drastically changed over the past 200 years. The justice system through state and federal levels as it stands today is held to the highest standards for imposing justice on those who commit criminal acts or break the law while simultaneously

Within Canada, the central purpose of the Criminal Justice system is to implement social control, prevent and identify crime and to prosecute those who breach the law. However, though the criminal justice system deals with all of these various components as a whole, the responsibility of each is divided between a variety of authority. The court is an area of the justice system that a significant weight of responsibility is placed upon, as the court essentially plays a multifaceted role in determining the innocence or guilt of a subject. (Griffiths, 147) Furthermore, one of the most difficult tasks asked of the courts is the principle of judicial independence. Essentially, judicial independence ensures that citizens are given the absolute right to have their cases tried by tribunals that are fair, impartial, and immune to any from of political interference. (Griffiths, 147) Therefore, through primary analysis of the criminal justice system, many observations were made of the various processes and structures of the courts. The criminal justice system, being quite complex, was difficult to analyze but within a day of court, the practices and procedures of the system were outlined with clarity. Despite the justice system containing an array of components, three main elements stood out that were actively exercised in the courthouse. These various elements include professionals known as the courtroom work group who actively facilitate all aspects of trial, the demanding

Police departments are constantly trying to reduce crime with the help of technology. In 2010, researchers believed they had created an algorithm that could calculate future crimes. The Santa Cruise Police Department applied this algorithm hoping to locate possible delinquencies. This predicative policing algorithm deploys officers to the most targeted locations. The algorithm is a mixture of anthropological and criminological behavior research. It uses mathematics to estimate crime and predict future crimes locations within 500-square-feet. To determine criminal patterns, the system uses historical and current data to focus on gang violence, batteries, aggravated assaults, drug crimes, along with many more similar crimes. In order for the data to be secure, the employees transfer the data on selected crime types from the records management system to the secure Web-based program. After a period of six months, the police department indicated that the crime rate of burglaries and motor vehicle thefts had decreased. The Los Angeles Police Department tested the program and also noticed a decrease in crime. Though change is difficult, the Santa Cruise Police Department emphasized that the new system does not supersede officer intuition but enhances it. The program also does not replace officer’s education and expertise, but puts them in the right place to prevent

Criminal justice is tied into everything in our government, Social programs, Economic, Environmental, and Education. Criminal justice is also biased while being fair on many facets. A very important topic these days are that of the amount of force applied by law enforcement officials. Communities are very displeased with the way police officers are using their abilities to arrest an individual, they believe that police officers are doing it in such a way to inflict pain and disregard the well-being of the individual. Recent studies have shown that police officers, now, are under much scrutiny. Many new statutes govern the activities of officers and hence, enables them to do their duties; The Exclusionary Rules for example. The exclusionary rules helps defendants in the court of law throw impertinent information or evidence out as it was illegally obtained during search. During an illegal search, all evidence if not turned in prior or during a warranted search will be turned away with no exceptions. Police officers have the same set of rules with uses of force. A recent article written by Steven Malanga, explains that in 1994, congress passed a law named, “The Violent Crime Control and Law Enforcement Act”. This law was put in place to keep track of all situations in which police had to interact with the public, it ranged from traffic stops to more serious offenses that needed force to be utilized.