Since Guenther didn’t think we had a criminal justice system, we should start by learning what one should look like. Herbert Packer tells us that there are 4 assumptions that must be met in order for us to call our system a criminal justice system. The first assumption makes sure that we understand what peoples jobs are in the system. Packer says that the government and the legislature make the laws but they also need to get checked by the judicial branch before they are finalized. It also tells us that the local court systems are the ones who determine the process of the system. The second assumption makes sure that we never allow the two jobs above to overlap. We cannot let the legislature determine the process, nor can we leave the police or prosecutors to decide if an action is a crime or not. Assumption three says that there always must be a limit to the power of the state. And the final assumption says that there must be equity and equality in the criminal justice process. In this essay I will be explaining why Guenther believed that we had a criminal processing system based on the qualifications that were not met for a criminal justice system.
To begin with, I am going to address the effects of stereotyping and how it defies the assumptions made by Packer. Stereotypes are usually negative associations with a part...
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... full time job with benefits. Many Black Americans are denied access to a steady full-time job because of the association with their race.
When we look at the Routine Activities Theory we see that when poor people are linked with the wealthy but don’t have access to guardianship, crime in neighborhoods goes up. The increase in inequality increases the crime rate drastically (Hipp).
The political isolation occurred through being or feeling like one is locked out of the process of politics. This materialized through literacy tests in 1964, voter suppression during the Civil Rights Act, felon disenfranchisement, and many other ways to make justifications as to why someone cannot vote. These arguments for isolations tell us that the criminal justice system is not a system because it goes against assumption four that all people should be treated with equality and equity.
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