According to Duffee, “criminal justice is a term used to denote the distribution of penal sanctions and the administration of agencies involved in law enforcement, prosecution, and punishment.” In 1976, a man by the name of Guenther stated that he believed that the criminal justice system was “unfair, harsh, and biased,” and he argued that the system was a criminal processing system rather than a justice system.
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.
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The main topic that we get from this idea is popular punitivism. Popular punitivism is a process that is used all over the world to try and control crime. It is a concept that balances coercion and consent that uses movements that are with the popular opinion “to engage in vote buying and power maintenance” (Makin). The idea of this is that officials focus crimes that the public is seeing more often than usually. Looking at Cohen’s deviancy amplification process can help explain this better. The process shows that when the media begins to talk more about a certain crime then the public thinks that that particular crime rate is rising and the clear up rate is falling. After this the fear of crime increasing and there begins to be a mass panic. The officials see this panic and focus their attention on the punishment of that crime. New legislations are created that impose more severe punishments so that the officials can show the community that they see what is going on and they are trying to fix it. Citizens believe that if the officials are tough on the crime than the problem will go away. However, we know that the problem does not just go away and now that we have harsher penalties there are more people being thrown into
The criminal justice system in the United States is made up of three parts: the police, the courts and corrections (Drakeford, 2011). Each one of these parts works simultaneously together and the work of one influences the work on another. All three parts of the US system have been influenced and stem from English law. To start, the role of the police in the US criminal justice system consists of the collection of evidence, arresting offenders, giving testimony in court and performing investigations (victimsofcrime.org, 2008). Officers begin by creating a report with all the information they have gathered. An investigation of the crime then begins and the identification of the suspect is underway. Once the suspect is thought to be found, officers can issue a citation for him/her to appear in court. The case will just remain open if there was not enough evidence collected (victimsofcrime.org, 2008). Next is the role of the courts. The courts decisions are made by judges who also are the key factor in determining sentences and plea bargains. Once an offender is convicted, they are either sent to prison or jail. Prisons are typically for high crimes while jail is usually for those who have committed a lesser offense. It is the courts ...
The Criminal Justice System and its agencies encounter challenges while trying to perform their daily activities. The system deals with laws involving criminal behaviour. It dwells on three major agencies: the police, courts, and the corrections. Each agency has its own specific and important roles to contribute to society. This paper will explain both the roles and challenges each agency unfortunately battles.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
The news reports crime daily. Crime is something that we cannot run from in today’s society; so we depend highly upon the justice system. Criminal Justice is a major concern. Criminal Justice consists of three areas: our police, courts and corrections department. The Criminal Justice system was put in place by these agencies, and established by the governments to help control the crimes and applies penalties to those that violate the law. Many people feel that the criminal justice system is there to protect and serve while others feel that the criminal justice system fails them daily.
This increase in crime led many Americans believing in the need to be tougher on crime. The government decided to use the method of mass incarceration, believing on the fundamentals of incapacitation and deterrence. Incapacitation refers to the restriction of an individual 's freedoms and liberties that they would normally have in society (study.com). This response is typically used when a person has committed a crime, and will head to prison. Deterrence is the inhibition of criminal behavior by fear especially of punishment (Webster). Thus saying causing fear of punishment will reduce the likelihood of criminals committing a crime. The American government proceeded to act as promised to become harsher on crime. The number of arrests increased dramatically. When looking at just plain ink and paper you would see that arrests rates were getting higher, so you would think that the country would be becoming safer. Instead of targeting violent criminals, there were significantly more people being thrown in prison for non-violent crimes such as drug
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
Within this essay, I will be looking at the procedures in the Criminal Justice System. Before laying the foundations of this work, I will briefly dedicate a few lines on what the Criminal Justice System is about. A Criminal Justice System is a set of legal and social establishments for carrying out the criminal law in agreement with a definite set of procedural regulations and restrictions.
Evolved from English common law, the United States judiciary system is an intricate series of complex judgments, decisions, and procedures. A corner-stone of this systematic practice, is the belief that a crime against an individual is a crime against society at large, therefore must be punished by that same society. The intent of incarceration is to rehabilitate the offender, so that they might return to society and become productive members of it.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
These components are occasionally mentioned to as subsystems. From this point, the components of the criminal justice system are understood as interrelated, codependent, and determined to achieve a united goal. This understanding of criminal justice often concentrate on how cases move through the system, producing constant effects as cases transfer from one section to the next. The movements of police officers on the roads, for example, disturb or help the job of a court, and the verdicts of judges in courtrooms disturb or help the process of prisons and jails. (Victor E.
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.