The United States ' 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.

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).

Arising from President Richard Nixon’s “war on drugs”, this major increase in prison population is about 790 percent higher than it was in the 1980s, despite the fact that violent crime has been on the decline (Flatow). As President Nixon declared drugs the root cause of social instability, American citizens grew fearful of “crime”, although the term may be translated loosely, and

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 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”.

Since 2002, The United States has had the highest incarceration rate in the world, and many of those imprisoned within the U.S. will be released and rearrested within three years (Langan & Levin, 2002). Unfortunately, research has been mixed shown that the time spent in prison does not successfully rehabilitate most inmates, and the majority of criminals return to a life of crime almost immediately. Most experts believe that many prisoners will learn more and better ways to commit crimes while they are locked up with fellow convicts. There is a combination of programs and environmental conditions that impact the recidivism rates. The majority of prisons exist to protect the public and punish the offender (French & Gendreau, 2006; Langan &

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.

In the criminal justice system, there is a controversy in the system regarding fairness or disagreement and changes need to be done. Many people believe it needs to change to improve and others believe it is unfair or dishonest in punishing people. The criminal justice system is in charge of punishing criminals and the correctional system helps inmates from committing crimes again. The goal of rehabilitation is to reduce crime in society. The criminal justice system affects all of society because it determines the punishment people will receive after being convicted of crimes.

The definition of rehabilitation according to professor Mona Lynch, is “any discourse or practices that speak transforming or normalizing the criminal into a socially defined non-deviant citizen, including psychological programs, drug treatment programs, educational and work-training programs, work and housing placement assistance, and halfway houses.” This definition of rehabilitation is unique because it focuses on outcomes, encompasses an array of inmate services, and is more multidimensional than any of the preceding works. I believe that prisoners should be treated with exactly the same degree of respect and kindness as we would hope they would show to others after they return to society. People learn by example. The Timelist program showed that offenders hearing from ex-offenders who are on the outside and are doing well is very powerful. These rehabilitation programs; The Timelist, Edovo, and the GreenHouse Program all provide evidence to support the Prison Rehabilitation Act of 1965, which devoted full attention exclusively to the crime problem in the U.S. and the high numbers of population in our prisons, by providing more flexible rehabilitation programs. It would be beneficial to every man, women, and child in America, if we were to continue providing resources for existing rehabilitation

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,