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.

not be open and admit that they use police discretion. The reasons why this myth exists is solely because of legal issues involved, the police organizations that might be involved and the image that will be portrayed in regards to authority to the rest of the community.

With the police being in the media a lot for issues there have been crackdowns on the simplest procedures because in order for things to run smoothly in the department and on the job, every detail needs to be followed all the way down to simple arrests and stops. A perfect example of something that had to be corrected is the stop-and-frisk method. The stop-and-frisk method is when a police officer stops a person who is either walking or driving and is showing any type of reason to be stopped before a crime could be committed ("Stop and frisk | Wex Legal Dictionary / Encyclopedia). The reason could be for swerving was if the driver was intoxicated, having an open liquor bottle while walking or any other legal suspicions.

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).

As far back during the time of the Great Depression law enforcement has been used by local, state, and federal government agencies-authority to enforce the law and preserve justice (Yamato, 2011). U.S. law enforcement officers, security guards, and other officials like judges and prosecutors have been given tremendous power. The resolution of the law enforcer is to assert justice and ensure the constitutional rights of all citizens are upheld. However, police misconduct is regularly reported: excessive force, sexual assaults, false arrest, fabrication of evidence, deprivation of property and failure to keep from harm. Excessive force is when law enforcement officers are allowed to use whatever force is reasonably necessary (Federal Bureau of Investigation, (2015). Consequently, disagreement between the police and the citizens are escalating.

The criminal justice system is a gratifying, yet often unfair ruling process. Having said that, a first-rate example of a disapproving situation is when a person(s) of African American decent receives severe punishment for a particular offense, as opposed to what a person of Caucasian decent might acquire for the same offense. My topic of choice is from the ACLU's web page via an article entitled "Race and Criminal Justice", certainly peaked my curiosity. Being a young man with a group of friends consisting predominantly of minorities, this article stuck to my brain by bringing back tons of déjà vu. An acquaintance of mine left for court, accused stealing headphones at a local Walmart with a friend. One of the court hearings was for stolen

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

America’s Criminal Justice system, it keeps America safe and the criminals at bay. Without any sort of criminal justice system America would be complete chaos. People would commit crimes because there would be no consequences for their actions. However, our laws didn’t just appear out of nowhere, they were created and molded to colonial America.

The U.S. criminal justice system is responsible for those who violate the law and to be punished according to the crime committed. The controversial issue between the extreme cases and justice served is whether or not capital punishment violates the 8th amendment. For the extreme cases that result in the death penalty punishment is brought upon by a 3 drug protocol also known as, lethal injection. Until 2009, majority of the states used a 3 drug protocol, including sodium thiopental used for anesthetic, pancuronium bromide for a paralytic agent, and potassium chloride to stop the heart (DPIC, 2016). The combination of the lethal drugs varies state by state, however the doses administrated depend on the person and in which takes an expert

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.

The American Criminal Justice system is arguably one of the most fair systems in the world. However, like anything it has its flaws. There are many flaws but the largest three, in my opinion, would be the fact that we have the highest incarceration rate of any other country, the high penalties for drug users, as well as the jury system. The high incarceration rates and the penalties for drug users affect each other but they are still issues on their own. In fact, many of issues within our system coincide within each other.

The judicial processes that have been adopted by the current criminal justice system of the United States of America include mandatory minimums that diminish the importance of certain factors in a case such as the context of the situation and the power of judges to decide on an appropriate sentence; furthermore, they result in more serious, yet overlooked, implications of racial bias and unfair plea bargaining. Mandatory minimums are strict sentences that a judge must abide by when determining how much prison time the accused is to receive as punishment. Although the majority of offenses to which mandatory minimums apply to are drug offenses, there are a variety of offenses including immigration, firearms, and fraud that are linked to a minimum sentence. The concept of enacting mandatory minimum sentences to particular offenses has such a great influence on court verdicts that in the fiscal year of 2010 alone, “27.2% of cases involved a conviction of an offense carrying a mandatory minimum [and] 53.4%...remained subject to the mandatory minimum penalty at sentencing” (USSC, 121). When the government first instituted mandatory minimums for drug offenses with the Anti-Drug Abuse Act of 1986, it was meant to resolve the problems of drug distribution and abuse, but these sentences bring about more problems than resolutions. As the time approaches to impose a sentence for a case involving a mandatory minimum, the judge has no choice but to assign the accused at least that amount

The United States’ criminal justice system has been under scrutiny by countries of equal standing for good reason, what this country is doing, in an attempt to eliminate crime, is not working. Currently, in the United States, we are living in an era of “mass incarceration.” Almost 1% of men in this country and .1% of women are incarcerated (Phelps). With an incarceration rate of roughly 693/100,000 The U.S. stands far behind it’s NATO counterparts with the next highest rate of incarceration, in the United Kingdom, at roughly 145/100,000 (Wagner et al.). These high incarceration rates are reason for concern, and many researchers have begun to suggest solutions to this dilemma. In order to begin to solve this problem, we need to further

Most police officers are just trying to protect and serve — they would never consider discriminating against another person due to their race, and they try to responsibly deescalate situations whenever possible instead of resorting to violence. However, there are problems endemic to law enforcement culture, and many institutionalized problems that affect the work police do. No matter how good a police officer tries to be, it’s hard to make the world a better place while working from within an imperfect system. Law enforcement is something society will always need, and we are grateful to those who protect and serve, but the current system has issues it needs to address.

Treatments between police officers and the citizens are not much different. People who dislike they are targeting police, and yet when police officers try to defend themselves from people attempting to inflict harm towards them, they get accused of being brutal towards a person who shows acts of threats directed towards police officers.