The Importance Of Leniency In The Criminal Justice System

First off, restorative justice doesn’t punish people, and a criminal needs punishment. If somebody knows that they won’t get in trouble for doing something wrong, they will just continue to do it. Prison time has been proven to work effectively. The Observer states that tougher prison sentences reduce crime, according to research by a study from academics at Birmingham University.

Many believe that the justice system is too forgiving, but do they know that our prisons are overcrowded because of the sentences the offenders get. The courts give these harsh sentences because they believe that crime will reduce. Public order sees over our society,

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.

Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. Discretion exists when courtroom actors (police officers, attorneys, judges) have the flexibility to choose an appropriate response to a situation. Police discretion is defined as “The opportunity of law enforcement officers to exercise choice in their daily activities” (Nowacki, 2015). This means that actors with a great deal of discretion at their disposal may allow biases to affect their decision-making. These decisions lead to important implications throughout the criminal justice process, especially in the courtroom. The process begins with the decision to arrest by a law enforcement officer in the field. Once the case is forwarded to the prosecuting attorney, multifarious avenues of discretionary decisions are available to resolve a case. Potential issues that could arise and that are ever-present in everyday policing include racism, sexism and socialism (Miller, 2015). These issues ultimately have a negative affect on the criminal justice process, leading civilians to not trust the one process and actors that are there to help them. While discretion should play a role in the actions a courtroom actor takes and cannot be eliminated entirely, instead it should be limited and controlled throughout the criminal justice environment so that citizens can once again trust the process and so that there will be no disparities.

Prisons not only rehabilitate, but they also deter people from going to prison. The fear of going to prison is a great deterrence for a perspective criminal. Hard life styles along with loss of freedom tend to push the criminal away from the chance of being incarcerated. Numbers show that there are fewer rapes, and fewer murders, each year, all an obvious product of prison deterrence. After all, if a person has a friend who just got out of jail, and hears all of the war stories, that person would surely not want to go to prison and end up like his friend. By making life in prison hard, the prison is doing a great job in getting the word out. Prison is no joke! They are doing their job in deterring criminals from wanting to enter the gates of hell.

In the law a sentence is forms the final explicit act of judge rule process the sentence can generally involve a decree of imprisonment, a fine and or other punishments against a defendant convicted of a crime. We all have known this for years that this is that is how prison sentencing is done. Even though people should go away for the same crime, in reality prison sentencing is not fair because of people of different backgrounds, genders. and ethnicities face different sentences for the same crime. When it comes to society has high expectations for the criminal justice system. People expect a murderer, for example, to have the same sentence as another person. When a celebrity such as Bill Cosby gets put away for a rape he may go away for a shorter time than average Joe. The minimum sentencing for certain crimes, in this case, are longer than they should be. Why should people be sentenced to unlawful sentences and end up in jail until they are elderly and not a danger society?Unfair sentencing is a form of the unequal treatment often unexplained cause of why. We see a person go away for x amount of years and then someone else comes along and performs the same crime and gets less or longer than the other person.

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

Can the criminal justice system fix these criminals or can they fix their internal problems of the early releasing of inmates? With the internal problems of the CJ system, it makes some people wonder if they have the safety of the community and society as a whole in mind when making the decision to release. Are inmates more determined or are they deterred from criminal activities once they are released from prison.

Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.

(Zhang, Y., Zhang, L., Vaughn, M. (2009). Determinate prison sentences or mandatory-minimum sentencing seems like it would discourage criminals from committing crimes because one would think that with harsher sentences would be likely to deter criminals from breaking the law. In the 1970s, indeterminate sentencing was used frequently, in most states judges and parole boards used wide discretion in sentencing offenders. (Zhang, Y., Zhang, L., Vaughn, M. (2009). As it stands, the number of prisoners in the US in 2017 is ten times as much when compared to pre -1971, while the overall population rates have increased only by a third. Half of these prisoners (51%) are jailed for non-violent offenses (World Prison Brief, 2015). The existing number of prisons is not enough to hold and adequately maintain its numerous populations. Many of them are

One of the problems with the law is its principle of removing judicial discretion. This severely hinders a judge's ability to make a punishment fit the crime. While some felons

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

In Just Mercy, the criminal justice system is alluded to being unjust. In today’s society, the justice system still remains in a corrupt state. The justice system today versus in the book Just Mercy is similar because of certain laws, criminal cases, and societal issues.

Currently as a nation we use severity as our biggest form of deterrence; our threat of imprisonment has grown dramatically over time. In 1985 the average release time for a conviction of robbery was 32 months and in 2002 it jumped to a minimum of 53 months (Incarceration and Crime). We focus heavily on severity and longer incarceration rates; the idea is that a 10% increase in incarceration would lead to a 1.6%-5.5% decrease in crime (Lieka 2006) but this is not true. Prison rates have increased tenfold since 1970 and yet the crime rates have not dropped near those percents.The leading argument against increase in incarceration uses other states as examples of how ineffective it is; for example Florida heavily focuses on imprisonment to reduce crime with no effect (Incarceration and Crime). This idea would be great and a good mode of deterrence if those who go to prison actually learn their lessons and mend their future ways. Also if the unwanted effects of prison were at least tolerable this might deter crime but sadly even after experiment and evidence it is not a well functioning theory. The cost of funding our mass incarceration does balance out the decrease in overall crime. Besides when we have a nation who is majority hard on crimes compared to other crimes we end up severely punishing people who probably would respond better to rehabilitation than jail.

With the highest incarcerated rate in the world, does the United States prison systems offer quality rehabilitation or just punishment? According to data from the Bureau of Justice Statistics, there was approximately 706 prisoners per 100,000 residents, or about 2.2 million prisoners in 2012 and within 3 years, almost 6 out of 10 released inmates will be rearrested and half will be back in prison. According to data from www.gpo.gov , the vast majority of prisoners are not rehabilitated. Two-thirds of released prisoners are re-arrested and one-half are re-incarcerated within three years of release from prison. Rates of recidivism rise to approximately 75%-85% of released prisoners are likely to be re-arrested within a decade of release. Successful rehabilitation is vital when releasing an inmate into the community as it produces a significant reduction in criminal recidivism. The purpose of incarceration is to protect the public and punish as well as rehabilitate the criminal. It is designed to change an inmate's view of life and alter their future behavior when re-entering society. Prisons offer education, labor, and other rehabilitation sources to inmates, so why is the recidivism rate so high with these programs in place?