Modern Penal Systems : The United States Adversarial 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.

Myths are stories telling a part of the world view of a society or give an explanation of a practice, belief, or natural phenomenon. It is a popular viewpoint, embodying the ideals and institutions of a society or segment of society. Although myths are regarded as fictional representations, they often reveal underlying ideals. Myths often tell us more about our social and cultural values than they do about any particular circumstance. While myths seem to explain events, often times they instruct us on integrating an event an individual’s belief system and worldviews. The phrase crime myths does not stray too far from these definitions. These types of myths are usually created in nonscientific forums through the telling of sensational stories. These crime fictions often take on new meanings as they are told and retold, eventually evolving into truth for many people (Kappeler and Potter, 2005). The commonly held belief of the United States’ leniency within the criminal justice system is a crime myth, unfounded, and false.

Whenever you imagine prison, you think up ideas and violent images that you have seen in the movies or on TV.   Outdated clichés consisting of men eating stale bread and drinking dirty water are only a small fraction of the number of horrible, yet “just” occurrences which are stereotypical of everyday life in prison.   Perhaps it could be a combination of your upbringing, horrific ideas about the punishment which our nation inflicts on those who violate its’ more serious laws that keeps people frightened just enough to lead a law-abiding life. Despite it’s success in keeping dangerous offenders off the streets, the American prison system fails in fulfilling its original design of restoring criminals to being productive members of society, it is also extremely expensive and wastes our precious tax dollars.

Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with federal law enforcement or intelligence agencies. Unfortunately, due to the complexity of bringing organized crime members to justice, ten years passed before the first RICO convictions were obtained. Throughout the 1970s crime families continually fought for power over the many racketeering enterprises that brought in huge sums of money. The National Conference on Organized Crime in 1975 estimated that mob

The United States incarceration system is a structural foundation of punishment in which is formed by robust authoritarian power. The United States criminal justice system is not an institution to be underestimated, as it represents the highest incarceration rate of all world nations at a staggering 700 inmates per 100 thousand citizens (Krisberg, 7). Based on the social and political structure of democracy in the United States, it is argued that incarceration systems should follow the same roots of equality and freedom; however, the current format demonstrates otherwise. Currently, the United States criminal justice system faces issues of inhumane treatment due to the sheer overcrowding, which restrict inmates from just treatment within penitentiaries. This lack of equality standards was argued in the 2011 court case, Brown v. Plata, which California prison systems were forced to decrease prisons overcapacity rate from 175% to 137.5% due to the overwhelming amount of inmate mistreatment (Koehler, 3). In the decision of Brown v. Plata (2011), supreme court justice Anthony Kennedy argued dignity should be an organizing principle in the United States justice system and demonstrated in all correctional facilities. Anthony Kennedy, along with guest lecturer, Jonathan Simon characterize dignity as a fundamental piece to the incarceration system, and without it, inmates are victimized to cruel and inhumane treatment. Dignity does not consist of domination and unequal treatment of

Consequently, the federal government enacted the Omnibus Crime Control and Safe Streets Act of 1968 which granted money to state law enforcement and allowed wiretapping in cases of suspected criminals; it was a first and direct attack to organized crime as a whole but not criminal organizations (Finklea). Realizing this, the federal government passed The Organized Crime Control Act of 1970 which gave more power to the government in order to combat and prosecute criminal organizations (Finklea). As mentioned in the same article, it allowed Special Grand Juries to investigate multi-jurisdictional organized crimes and for witnesses to be granted immunity from prosecution in exchange for testimonies and protection of themselves and their families

Indeed, once upon a time the incarceration system was set in place with two firm duties: retribution and rehabilitation. When did these institutions, once considered virtuous and just, become the hallmark of inequality? On September 27th, 2015, Pope Francis remarked on a visit to a Philadelphia jail “It is painful when we see prison systems, which are not concerned to care for wounds, to soothe pain, to offer new possibilities,” a moving sentiment that would soon resonate with the American population. Unbeknownst to many listening to his gripping words, ⅓ of the world 's female prison population is incarcerated in the United States. And if the magnitude of that figure does not astound you, maybe the fact that every 1 in 15 American prisoners are black, while only 1 in 106 prisoners are white, will. These statistics reported by Harper’s Index embody the blatant corruption of the American incarceration system and the innate institutionalized racism the U.S has sustained throughout history.

Today in the United States a land that claims to be the freest nation on the face of the Earth more people will wake up inside of a federal/state prison or a county jail cell than in any other country on the planet. As of 2012 this figure was a staggering 2,228,400 (jail 744,500; prison 1,483,900) add in to this the additional sum of just over 5 million people on parole (851,200) and probation (3,942,800) giving us a grand total of over 7 million citizens under some level of Federal or State supervision (Glaze and Herberman). This is up from only 1,840,421 in 1980 a percentage increase of 281.56% (Glaze and Herberman). As of 2012 over half of the inmates in the federal prison system (50.6%) were incarcerated for drug charges (Caron and Golinelli) while according to 2011 statistics just under 17% of state prisoners were locked away for offenses related to illegal substances (Carson and Sabol). The cost of maintaining this level of incarceration is in all honesty a tremendous burden upon both our justice system and our tax base. If you were to go to the website www.drugsense.org you would see their drug war clock which increases by $500 every second based upon the National Drug Control Policy’s 2010 statistics (Drugsense.org). The country needs to make serious changes in order to alleviate this Promethean like burden that has been placed on our tax payers and our infrastructure. Our system desperately needs reform in order to rescue society from these metaphorical

Since the policy was enacted in the early 1990s, three strikes laws have been one of the most controversial issues facing the American criminal justice system. In general, advocates believe that locking up criminals will protect society. Critics believe that three-strike policy can only be effective with offenders that are on their last strikes (Worrall, 2008). However, other critics explain how three-strike laws don’t significantly reduce crime because most criminals mature out of the criminal lifestyle (Worrall, 2004).

The “Prison Industrial Complex” was a term that was used by anti-prison activist within the prison abolishment movement to argue the attendant interest of prison industrialization, and t development of a minority prison labor force (Davis, 2003). This giant prison enterprise is an essential component of the U.S. economy, and has as its purposes such as profit, social control, and an interweaving of private business and government. These giant financial institutions recognized that prison building is one of the fastest growing industries and one of the best stock performers in the United States. The notion that global private cooperation’s currently rely on the prison complex as vital source of profit gives reason to believe that prison privatization trends of both the increasing presence of corporations in the prison economy and the establishment of private prisons connect to the historical efforts to create a profitable punishment industry based on free black male laborers.

America’s prison system has become permanent part of the justice system. It was not long ago that prisoners were chained up together and perform hard labor on day to day basis. Nowadays prisons are very different and offer variety programs. The Sixth Amendment guarantees the right to speedy and public trial.

Prison, a place in which many of us fear. Our nation has came a long way with punishment for unlawful acts. We slightly drifted away from the death penalty and focused mostly upon prisons. It provides a great opportunity for inmates to reconstruct their life and prevent their further corruptive behavior.

The Unites States of America’s prison system is a flawed mess. To open the eyes of our government we must first take a stand against unlawful government decisions, and show support for the greater good of society. What are our own tax-dollars paying for, what are the flaws in the justice/prison system, why is overcrowding in prisons causing tension, and what are ways our society and government can rebuild the system that has been destroyed over the years? Most criminals in prisons are not a danger to our society because they commit crimes just to use jail as a shelter, causing the overcrowding of prisons and wasting away of what we really should be paying for.

Whenever you imagine prison, you think up ideas and violent images that you have seen in the movies or on TV.   Outdated clichés consisting of men eating stale bread and drinking dirty water are only a small fraction of the number of horrible, yet just occurrences which are stereotypical of everyday life in prison.   Perhaps it could be a combination of your upbringing, horrific ideas about the punishment which our nation inflicts on those who violate its’ more serious laws that keeps people frightened just enough to lead a law-abiding life. Despite it’s success in keeping dangerous offenders off the streets, the American prison system fails in fulfilling its original design of restoring criminals to being productive members of society, it is also extremely expensive and wastes our precious tax dollars.

The Act was originally intended as a means of aggressively prosecuting members of organized crime families who were well-insulated from more