The Criminal Justice System Is Always At The Center Of The Public Eye For Reform Essay

Everyday police officers are faced with two difficult decision to make. Whether to intervene in the situation and how to intervene when they observe something suspicious or illegal happening. Police discretion is defined as having the power to make decision, and choosing how to respond to a given situation depending on the circumstances. Even though, there are law in place it is still up to a police officer own discretion. Ultimately, police officers have the choice to enforce the law and how to carry it out in public. In the text book “Policing America” by Ken Peak he states that there are two criminal law in discretion. “the formality and the reality. The formality is found in the statute books and opinions of appellate courts; the reality is found in the practices of enforcement officers” (82). He also, demonstrate when should each criminal law be use. However, there are negative and positive aspects of police discretion. Also, there are pros and cons of allowing patrol officers to make discretionary decisions.

Police officers are faced each day with a variety of situation in which they must deal; therefore we should ask ourselves the following questions: Should police officers enforce the law equally in all situations? In what situations should police officers be allowed to not enforce the law? What types of situations would they be required to fully enforce the law? Why does police discretion exist? What are its strengths and weaknesses? And what is the relationship between police discretion and police ethics?

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

In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today?

The American Flag is perhaps the most symbolic piece of art representing the United States; the 50 stars represent the 50 states; the colors symbolize valor, purity and justice; and the 13 stripes represent the 13 original colonies. But for some, these stripes also represent the 2.2 million people held in the American criminal justice system, moreover they represent the disproportionate rate that minorities in the U.S. are incarcerated. What some consider the greatest democracy in the world, is really a camera-obsucra, inverting the reality of what freedom and justice mean in the United States. Nixon’s war on drugs during the 1970’s, that declared drugs as the most important public enemy, leading to the spike in racial and ethnic

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.

Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).

Hillary Clinton said, "We can do better. We can not ignore the inequalities that persist in our justice system that undermine our most deeply held values of fairness and equality." She was correct in her statement, we need to reform our criminal justice system because it is highly lacking in fairness and equality. 2.38 million Americans are in prison, with another five million on probation or parole. 1 in 31 adults in the United States are in jail, prison, or on probation or parole. (Ferner) The populations of our prison are increasing, while trust in law enforcers is declining, and if we want to solve the inequalities we must reform parts of our criminal justice system. We should reform our criminal justice system to fix the inequalities of mandatory sentences, bail, and we should create reentry programs to help released inmates stay crime free.

THE NEED FOR EXTREME CRIMINAL JUSTICE REFORM IN CALIFORNIA ORIENTATION FACTORS: I.     Basic Introduction and description - Introduce basic sides of Criminal Law and Elaborate II.     General History and Development      - Discuss the history and modifications of Reform Laws in California III.     Main Problems and Concern Stimulants      - Point out real life statistics and point out incidents IV.     Conclusion      - Point out the need for an extreme reform and what can be done SENTENCE OUTLINE I. An analysis of Department of Corrections data by the Center

Our criminal justice system is complex and multi-faceted. When people talk about criminal justice reform, they are actually referring to a number of distinct issues and problems. On a national level, the focus on reform can be seen as a recognition that the “tough on crime” legislation that was all the rage in the 1980s and 1990s – mandatory minimums, “three strikes” laws, enhanced sentences for drug crimes to name a few examples – created more problems than they were designed

Discretion, by definition according to Griffiths (2015) is defined as, “the freedom to choose among different options when confronted with the need to make a decision” (p.29, 110). Meaning to say, it allows the police to exercise their knowledge in choosing the best way (in their opinion) to handle a situation (p.29). Discretion plays an extensive role as there is no distinct rule that demand police officers to act a certain way in each circumstance as every situation is unique

Police discretion is an issue for American policing because how police use their discretion can greatly impact the public’s view on the police. First what police discretion is must be defined, “the leeway that officers enjoy in selecting from more than one choice in carrying out their work” (Mastrofski, 2004). This definition accurately sums up an ability the police use every single day that affects the public. The police can use discretion for almost any situation they encounter. There are many reason the police can exercise their own discretion the way they do, usually through personnel experience or departmental policy. While every person exercise discretion on a daily basis the reason police discretion is an issue is because they are agents of a government force that are allowed by the public to enforce the rules set down by members of the legislature that are elected by the public. Discretion for the police arises because of the individual subjectivity that each officers use when assessing an incident that requires police attention. An example is that Officer A does not arrest a teenage for underage drinking, he instead pour out the remaining alcohol and tells the youth to go home and that he better never catch him drinking again. In the same situation Officer B arrest the youth for underage drinking. The way these officers handle the situation different is police discretion. Officer B may have had a young relative that was involved in a drunk driving accident, either

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.