Justice Systems And The Justice System Of Other Nations

Traditionally, there have been four justifications for punishment: deterrence, confinement, rehabilitation and retribution. While these methods can be flawed at some point in history they served as primary reasons for the justification of punishment. Recently, there has been an epistemic shift in thinking about punishment where now it is focused on retribution and incarceration. The emphasis on this method has lead to an increase in incarceration and the rise of a prison system. While we acknowledge that there will always be a need for society to punish criminals in order to protect the rights of individuals, however a prison/prison system is not the correct way to handle such problems. Currently the prison system is being used an economic tool for private companies to exploit cheap labor from inmates. Known as the prison-industrial complex private enterprises are now able to build more prisons to “benefit” society and themselves as the prison population grows. Since the 1980’s the growth in prison

As a country, we should care about all of our citizens and work toward bettering them, because we are only as strong as our weakest link. When it concerns the issue of corrections it should not be a discussion of punishment or rehabilitation. Instead, it should be a balance of both that puts the spotlight on rehabilitating offenders that are capable and willing to change their lives for the better. Through rehabilitation a number of issues in the corrections field can be solved from mental health to overcrowding. More importantly, it allows offenders the chance to do and be better once released from prison. This paper analyzes what both rehabilitation and punishment are as well as how they play a part in corrections. It also discusses the current reasons that punishment as the dominant model of corrections is not as effective as rehabilitation. After explaining rehabilitation and punishment, then breaking down the issues with punishment, I will recommend a plan for balance. A plan that will lower incarceration rates and give offenders a second chance.

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American 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.

When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.

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

Over the past few decades, the United States has witnessed a huge surge in the number of individuals in jail and in prison. Evidence suggests the mass imprisonment policy from the last 40 years was a horrible catastrophe. Putting more people in prison not only ruined lives, it disrupted families, prevented ex-prisoners to find housing, to get an education, or even a good job. Regrettably, the United States has a higher 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 increasing exponentially. The expense produced by these overcrowded prisons cost the country a substantial amount of money every year. Although 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. By researching mass incarceration, I hope to get society to understand that incarcerating an individual not only effects the family, but we will look at the long term consequences on society and how the United States can remain safe and, at the same time, undo much of the damage that results from large-scale imprisonment.

In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.

Mass incarceration has been an issue in the United States since the start of the War on Drugs, because of the political agenda attached to the “tough on crime” regimen thousands of people have suffered as a consequence. The solution to this is one that can only be possibly solved by approaching through several angles. The ten steps presented by Michael Tonry, are an innovative and have merit to some extent. However, mass incarceration results from more than unjust sentencing laws, which is his main focus. If ever we are to resolve the issue, society and the criminal justice system must come together to completely reevaluate what we consider to be “tough on crime” and redefine the purpose of prisons, strictly punishment or rehabilitation. The focus has to shift from harsh sentencing, stigma, racial discrimination to a basic form of rehabilitation and reduction of the prison system in general. The criminal justice system has to do what they are actually meant to do and focus on rehabilitation measures, and when possible completely stop interaction with the prison system all together.

Even when people do terrible things, such as Carter, who received the death penalty because he was accused of rape, I still feel that our prison system does nothing to help these people become better citizens, but rather only pushes them towards more corruption. In prison, the atmosphere does very little to promote rehabilitation, which I believe is something that all prisons should focus on the most. If the people in prison are not taught how to return to society as improved citizens, but are rather sent to a place where their personalities become more corrupted, the system will continue to be stalled. This is where Stevenson’s Equal Justice Initiative can help because they are fighting against mass incarceration, which tries to prevent unreliable convictions and excessive

The legal portion of the constitution is built on “innocent until proven guilty”. It establishes fairness and equality to the people.

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. “The Fourth Amendment in the Constitution, contains protection against unreasonable searches and seizures and protects people’s homes, property, and effects” (as cited in Peak, 2015, p. 180). “The Fifth Amendment in the Constitution, among other protections, guards against self-incrimination and double jeopardy” (as cited in Peak, 2015, p. 180). “The Sixth Amendment in the Bill of Rights, guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial and other protections” (as cited in Peak, 2015, p. 180). These three Amendments, in summary mean that any person who is accused of a crime is innocent until proven guilty, and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.

Mass incarceration is the greatest moral and racial injustice of our time. There are 2.2 million people that are imprisoned. 39% of prisoners should not be in prison. People who commit crimes should not go to prison, unless such crime is severe and harsher punishment is needed to be placed. "As a society, we have chosen to prioritize the public safety of our citizens over programs designed to enhance the personal growth of inmates."- Quarts - Allison Schrager The only rational purpose for a prison is to restrain those who are violent, while we help them to change their behavior and return to the community. Prison is meant to give offenders punishment for their actions but to also help them understand why their actions isn’t righteous. Rehabilitation programs in prison are the alternative to a lengthy sentence. It helps build the character and skills so that prisoners can be able to function as citizens in society. Unfortunately, that is not what’s happening in prison as of today. The system is very broken and certain crimes that have been committed should not result to incarceration because there are other alternatives that best suit the consequences of the crime.

His article, “Putting a Price on Justice,” displays the rates and statistics of the elevated incarceration rates. Johnson Lero correlates the statistics with the increased cost of America’s prison system. He argues that there are numerous solutions to decrease both the cost and rates. There are many prisoners incarcerated that are nonviolent and are facing charges just like a violent prisoner. Lero states that this is happening because most judges, who do not pay for prison, are elected in office and avoid taking any risks that can harm their reelection. The judges conclude to send any possible threats to prison. The judges also do not pay for prison and Lero presents a solution that if each county had to pay for the prison, the nonviolent criminals could face other charges than being imprisoned. With less individuals being incarcerated creates a lower cost for prison. Johnson Lero’s article is useful for a research paper through the use of presenting issues with our current prison system and creating other solutions that can be beneficial to everyone. This article is also useful to support an argument in contradiction of America’s prison

Within this paper, you will find a comprehensive review of the United States prison system, and why it needs to analyzed to better support and reform the people of this country. I plan to persuade the other side (politicians and society) into seeing that the way the prison system is now, is not ethical nor economical and it must change. We have one of the world’s largest prison population, but also a very high rate of recidivism. Recidivism is when the prisoners continuously return to prison without being reformed. They return for the same things that they were doing before. So, this leads us to ask what exactly are we doing wrong? When this happens, we as a nation must continuously pay to house and feed these inmates. The purpose of a prison needs to be examined so we can decide if we really are reforming our inmates, or just continuing a vicious cycle. What is the true purpose of prison besides just holding them in a cell? There must be more we can do for these hopeless members of society.