The United States criminal justice system can be described as flawed in many ways. Some of these flaws have a larger impact on the people of this country than others. Two of the largest problems we have currently revolve around the issues of wrongful convictions and prosecutorial misconduct. The whole criminal justice system revolves around making sure people follow the laws put in place, and if they do not punish them for their wrongdoing. This system is also about affording the same rights to every person that goes through the criminal justice system.
The problem is that we are excessively punishing too many people that in fact have not broken any laws. This issue must be addressed as soon as possible. There was a study at Ohio State University that says there are about ten-thousand people wrongfully convicted in the United States every year. This number may not seem like it is that significant compared to the total number of people the system prosecutes in a year, but all of those people who are being punished are innocent. There are many different reasons why this is happening so often in the United States.
The most common factors that lead to wrongful convictions in the United States are mistaken eyewitness identification, false confessions, tunnel vision, perjured informant testimony, forensic error, prosecutorial error, or inadequate defense representation. (SITE). These factors are thought to have a huge impact on wrongful convictions, but recent studies found out
There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent.
Prisons where essentially build to accommodate a number of prisoners but over the years it has reach over capacity. Today in the United States there are approximately 193,468 federal inmates that consisting of the Bureau of Prisons Custody, private managed facilities and other facilities. The inmates ages range from 18- 65 with the median age being in their late 30’s. This number is counting both male and female population with male being 93.3% of inmates and females being 6.7%. The number of inmates has steadily increase since 1980 with only having approximately less than 50,000 but today the number has gone more up. Drug offenses are the highest number for inmate’s imprisonment, the next highest offense would be weapons, explosives and arson; immigration and miscellaneous fall next in lines. The number for the other offenses such as robbery, extortion, fraud, bribery, burglary, larceny, property offenses and other offenses are lower. Overcrowding prison has become problematic as the prison population continue to increase leading to proper care and attention for prisoners.
The criminal justice system plays an important role in this society, it is meant to protect and serve. This “system” is also meant to maintain the peace and enforce the laws set by the government. However, the criminal justice system is not even close to perfect. It has many flaws, some of which are: police brutality, death penalty, mass incarceration, gun violence, and especially wrongful convictions. A majority of the flaws that the system has can be easily fixed and can be set straight. For example, the issue of wrongful convictions has been relevant for quite some time and has the potential to decrease its probability of occurring by focusing on the importance of scientific evidence, rid of faulty witness testimonies, and make sure that the lack of evidence and/or government misconduct, if applicable, does not determine the outcome of the case.
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 overall problem with our criminal justice system, I believe is that at its core it is founded on the idea of redemptive violence, and that is because as a society we believe in this idea and perpetuate it all the time. This is a concept as old a civilization and rottenly plays in most of are media and fiction, even are daily thinking habits. The concept is
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.
The Cause of Mass Incarceration mass incarceration is a big problem in the United States, it has affected our country multiple ways whether it gives our country a bad reputation with the highest number of incarcerated in the world, or it gives us a bad image and makes seem as if the United States is a dangerous and terrible place to live in. The rate of incarcerated has increased from 300,000 prisoners in the early 1970’s to 2.3 million today. Some of the causes of mass incarceration involve the war on drugs and racial discrimination. The war on drugs is a big factor in mass incarceration, as it is said in ACL.org, “Drug arrests now account for a quarter of the people locked up in America” This means that more than half a million people are in prison due to use or possession of drugs. Another big factor to consider for a cause of mass incarceration is racial discrimination according to ACL.org “One in three black men can expect to be incarcerated in his lifetime. Compare that to one in six Latino males and one in 17 white males.” This a very big difference between the three different races blacks having the highest probability of being incarcerated compared to whites. These are not the only factors of mass incarceration in our judicial system, there are many more flaws in our judicial system that has caused it to overflow prisons throughout the states. Therefore, what is the biggest flaw in our criminal justice system? That is causing the majority of incarcerations in the U.S.
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.
In order to keep a safe society, it is important to establish a nation with
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.
When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.
The Criminal Justice System in the United States of America was established with noble intentions. The basis of the system can be traced back from the first book of the Bible Genesis, and the story of Cain and Able. The criminal justice system was established to be morally suitable for a growing diverse society. Moral dilemmas within the system arise from concerns related to principles of officials’ right and wrong behavior. These principles are often embedded into a culture of the human character, in other words, viewed as essential to the criminal justice system. This biblical story mentioned above has defined the way justice has been administered for thousands of years. The quote "Eye for an eye" continues to be the standard
The public policy I have selected is criminal justice. The criminal Justice system is a compilation of federal, state or local agencies that concern issues dealing with crime. This public policy is provided by the judicial, executive and legislative branches of government. The task of the criminal justice system is to figure out the truth, defend the innocent and even to make the guilty parties punishment not as harsh as it is originally said to be (cliffnots). And most of to provide justice.
When comparing real life experiences to book theories there can be a lot of things that are not the same. One real experience to be found similar to a book experience and deals with a lot of the same things is CASA to Courts and Criminal Justice in America. They both deal with Advocates, Attorneys, Judges, courts, etc. There are always different scenarios to be faces in person than what is in the books. Do books really portray everything that that happens in the real world, or describe every job description and duties that a job title entails? Book experience and life experiences more often than not have the same concept but they may not portray everything the same. Also they serve different and similar functions as well.
Punishment is defined by The Oxford English Dictionary (1993) as to “cause someone to suffer or undergo a penalty for some wrongdoing.” Punishment has been a part of society ever since we can remember. The idea of deterrence and retributive justice is a key element when defining the inner workings of the Criminal Justice System. Although today the system may be more accurate, factual and based on statistics, justice wasn’t always served properly and accordingly. The main theoretical perspectives engage conflict between the views of Utilitarian’s and Retributive rationale. It’s clear that over time the way society punishes offenders has changed. But is this down to scientific, technological, and psychological revolution in the 1800s or moral reforms?