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 …show more content…
Tittle goes on to suggest different definitions, equating rehabilitation to law abiding behavior and stating that lower recidivism rates can be seen as proof of successful rehabilitation (Tittle, 386). Over 95% over our current prison population will be released back into society (James). While all four goals of our criminal justice system are important, it seems as though rehabilitating our former prisoners to better assimilate back into a law-abiding society should be our biggest priority.
This “war on drugs,” initiated by Nixon, has been embraced by all presidents since and focuses on goals of incapacitation, retribution, and deterrence. In the 1970’s, more money was allocated to criminal justice, more strict laws were passed, more prisons were built, and more arrests were made. All of which pertaining to drug law enforcement (Anon, 2016). The implementation of the “war on drugs”, also brought about mandatory minimum sentences. These sentences invoke a specific minimum amount of time required to be served for each crime of which the defendant is convicted. This practice takes discretion away from judges and shifts responsibility to the prosecutors to decide with what to charge the defendant (Anon, 2016). These mandatory minimums also do not allow for the whole picture of the crime to be considered when deciding a verdict. The idea of
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.
Mandatory minimum sentencing laws are laws that require binding prison terms of a particular length for people convicted of certain federal and state crimes. Most mandatory minimum sentences apply to drug offenses, but Congress has enacted them for other crimes, including certain gun, pornography, and economic offenses. For the purpose of this paper, the focus will be on the mandatory minimum drug laws. These laws were designed to keep people locked up for crimes that sometimes don’t fit the punishment. This can be seen in the rising incarceration rates throughout the country. These laws not only damage the lives of the convicted, but also their families and the communities they come from. While the intentions of the men who enacted these laws were pure, they have failed to
The United States Criminal Justice System has been what most citizens ask for a reform, but we’ve seen little to no change through the years. Currently, our country has less than 5 percent of the world’s population but almost 25 percent of the total prison population, meaning that we have the highest incarceration rates in the world and it’s been increasing through the past years. The United States of America in 1974 had 100 out of every 100,000 people incarcerated; today, roughly 700 out of the 100,000 people are prison (Madden, 2015, p,14). Mass incarceration has been one of the biggest problems in our Criminal Justice System and one of the biggest issues to be solved. American citizens have has several
The United States has a larger 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 growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While 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. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
The current crime and incarceration trends have declined since early 1990s, which in part is due to the current reforms that takes place within the criminal justice system, such as early release dates for drug charges and non-violent crimes (Mauer, 2011). The incarceration rates in the United States are “three to four times that of other industrialized nations,” and the punishment scale is viewed as “out of proportion to that of other industrialized nation” (Mauer, 2011).
The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and
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
The United States of America is a country home to a population of nearly 320 million people, far from the staggering 1.4 billion in China, or 1.3 billion in India. However, our country is leading in incarceration rates with a total of over 2.2 million incarcerated citizens, even over those countries with populations several times larger than ours. Many would be shocked that our “great” country is the home to so many “criminals”, but in actuality, many imprisoned citizens are victims of our judicial system. Overincarceration in the US is an issue that has plagued our society since the “War on Drugs” beginning in 1971. With beaming support from the country and government, president Richard Nixon introduced the policy that would place standard sentencing guidelines for many drug and cartel related crimes. These policies came to be known as “mandatory minimums”.
The penal system in the United States is often portrayed as being tough on crime, but to many other western nations the penal system in the United States is viewed as a broken system (Mallory, 2006). While this is a tough critique, the American incarceration rate is the highest in the world at over 714 per 100,000 U.S. citizens (Walmsley, 2008). This rate is much higher than many of other western European countries, whose average incarceration rate is only 95 per 100,000 citizens (Stern, 2002; Walmsley, 2008). America’s higher rate of incarceration might be more acceptable if it resulted in a safer society. Consequently, one could reasonably conclude that the United States’ political agenda for increasing punishment to decrease crime yields an ineffective result. Therefore, in the
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.
Each day in the United States, the correctional system supervises over six million of its residents. Approximately two million people are in prison or jail, while four million are on probation or parole. Thus, making the United States having the largest prison population in the world. In 1972, 161 U.S. residents were incarcerated in prisons and jails per 100,000. By 2012 that number had nearly quintupled to 707 per 100,000. The jail and prison population had grown to about 2.23 million people, yielding a rate of incarceration that was by far the highest in the world. We have determined as a society and as a country that the incarceration, supervision and the specific fines for a particular crime are that person’s debt to society. Most people
Across the United States, city and county governments seek to gain revenue through the illegitimate jailing of indigent defendants who cannot afford to pay the large and cumbersome fines that accompany committing (seemingly petty) crimes— such as missing court dates, a requirement for classes such as anger management, the list goes on. Indeed, the practice of debtor’s prison has long been ruled unconstitutional by the Supreme Court within the United States, yet a contemporary form of debtor’s prison has begun to take form which targets vulnerable populations. When an individual commits a crime, they are to be justly punished. If this punishment consists of a fine, that fine is expected to be paid accordingly; if the fined individual simply does not have the time or money to pay these steep fines, however, they are sent to jail indefinitely. This rise of financial burden imposed upon the liberty of low income citizens through the fining, issuing of fees, and jail time sanctioned by the criminal justice system has resulted in new, illegitimate, and ostensibly unconstitutional forms of debtor’s prisons that permeate contemporary U.S. society. Jeopardizing the liberty of vulnerable populations, based upon material inequality and extraction of necessary resources, only does one thing within a society: continue the cycle of poverty and increase the poor’s dependence upon the rich for their liberty, equality and most importantly, survival.
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 population of offenders in correctional institutions in the United States is at an alarming amount, and it doesn’t have to be. Each year 7 million offenders are absorbed and expelled from correctional institutions and jails, placing a heavy burden on the criminal justice system (Morgan, 2011). Many of these offenders will recidivate, and with rates that are estimated at 70%, means 4.9 million will eventually return to the criminal justice system, creating a vicious cycle of arrest, re-arrest, and imprisonment (Morgan, 2011). Among this population are offenders with mental illnesses that need to be addressed, or specialized care that needs to be administered. Without the support of mental health programs such as mental health court,
The speaker argues that the criminal justice system in America treats you better if you're rich and guilty than if you're poor and innocent. Do you agree? Why or why not?