Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Problems with the criminal justice system
Problems with criminal justice system
Role of judges in the court system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Problems with the criminal justice system
Sentencing and Appeals Process of the Criminal Justice System
The criminal justice system is a very complex system with so many branches. When people think about corrections they automatically think jails and prisons. Though that is not all it is the vast area in the criminal justice system that is responsible with managing anybody convicted of a criminal offense. In which an array of organizations, facilities, services, and programs are tailored to the treatment and punishment of criminal offenders. Corrections is a legal intervention to deter, to rehabilitate, to incapacitate, or simply to punish or achieve retribution. Clear, Cole, and Reisig (2013)
Sentencing policies consist of: Indeterminate a system of sentencing that legislature established that contains a minimum and maximum terms for every crime that can be committed. Judges will make decisions based on that guideline as to what the minimum and maximum sentences should be for each convicted offender. The offender should be locked up until there is enough proof that they have been rehabilitated. After their minimum sentence has been served the parole board has the authority to release them. Good-time laws grant offenders the opportunity to reduce the amount they serve by having good behavior while in prison. For both of these I am all for them especially since their focus is more on rehabilitation and motivating offenders to do better. Determinate sentences are fixed terms for particular crimes that a legislature has established. Hence taking away the discretion of judges in regard to sentencing. The judges no longer have any say in the length of the sentencing only whether they go to prison or not. Though this type of sentencing I don’t completely agree with for the si...
... middle of paper ...
...ument, when and if to drop the charges, and if plea bargaining is a viable option. Houghton (2014) Judges make condemning decisions affecting those indicted of crimes. Judges dictate if there is probable cause to issue a set bail, search or arrest warrant, accept guilty pleas, rule on pretrial motions and etc to name a few. Judges protect the interests of the public and safeguard the rights of the accused. Houghton (2014) Ultimately both the prosecutor and the judge carry and partake in immense roles when it comes to the criminal justice system. Though I would’ve thought that the judges would have more power when it comes down to everything yet the prosecutor is the one that truly has control where the trail can go. Depending also on their work ethic some may go strictly by the book and others could choose a more selfish personal approach to their stance in trial.
We imprison seven-hundred-fifty prisoners per one hundred-thousand citizens, almost five times the earth average. Around one in every thirty-one grown-ups in the United States is in the penitentiary, in prison or on supervised release. District, state, and national disbursements on corrections expenses total to around seventy billion dollars per year and has raised to forty percent more over the past twenty years. http://www.newsweek.com/ The current corrections specialists have started to support that notion. Even though we comprehend that criminals must take accountability for their actions, we also realize that we can no longer just turn out heads at their disappointments. The individuals that derive out of our penitentiaries, prisons, municipal programs and out from beneath our direction are our creation, and we have to take some responsibility. Source Citation (MLA 7th Edition) Hankoff, Leon D. "Current trends in correctional education: theory and practice." International Journal of Offender Therapy & Comparative Criminology Apr. 1985: 91-93. Criminal Justice Collection. Web. 12 June 2016.
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
Throughout his novel, Texas Tough: The Rise of America’s Prison Empire, author and professor Robert Perkinson outlines the three current dominant purposes of prison. The first, punishment, is the act of disciplining offenders in an effort to prevent them from recommitting a particular crime. Harsh punishment encourages prisoners to behave because many will not want to face the consequences of further incarceration. While the purpose of punishment is often denounced, many do agree that prison should continue to be used as a means of protecting law-abiding citizens from violent offenders. The isolation of inmates, prison’s second purpose, exists to protect the public. Rehabilitation is currently the third purpose of prison. Rehabilitation is considered successful when a prisoner does n...
Prisons and correctional facilities in the United States have changed from rehabilitating people to housing inmates and creating breeding grounds for more violence. Many local, state, and federal prisons and correctional facilities are becoming more and more overcrowded each year. If the Department of Corrections (DOC) wants to stop having repeat offenders and decrease the volume of inmates entering the criminal justice system, current regulations and programs need to undergo alteration. Actions pushed by attorneys and judges, in conjunction current prison life (including solitary confinement), have intertwined to result in mass incarceration. However, prisoner reentry programs haven’t fully impacted positively to help the inmate assimilate back into society. These alterations can help save the Department of Corrections (DOC) money, decrease the inmate population, and most of all, help rehabilitate them. After inmates are charged with a crime, they go through the judicial system (Due Process) and meet with the prosecutor to discuss sentencing.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior. In other words, these inmates are given credits for good behavior or for participation in projects, experiments or educational programs (Schmalleger & Smykla, 2011). The credits, in turn, reduce the sentencing.
To support reintegration, correctional workers are to serve as advocates for offenders in dealing with government agencies assisting with employment counseling services, medical treatment, and financial assistance. They argued that corrections focal point should be increasing opportunities for the offenders, to become law abiding citizens and on providing psychological treatment. This model of corrections advocates avoiding imprisonment if possible for the offender and also in favor of probation, therefore offenders can obtain an education and vocational training that would help their adjustment in the community. In the community model corrections advocated for inmates incarcerated to spend very limited time in prison before been granted parole.
Sung, L. G.-e. (2011). Rethinking Corrections: Rehabilitation, Reentry, and Reintegration. Thousand Oaks : SAGE Publications.
“The history of correctional thought and practice has been marked by enthusiasm for new approaches, disillusionment with these approaches, and then substitution of yet other tactics”(Clear 59). During the mid 1900s, many changes came about for the system of corrections in America. Once a new idea goes sour, a new one replaces it. Prisons shifted their focus from the punishment of offenders to the rehabilitation of offenders, then to the reentry into society, and back to incarceration. As times and the needs of the criminal justice system changed, new prison models were organized in hopes of lowering the crime rates in America. The three major models of prisons that were developed were the medical, model, the community model, and the crime control model.
Community-based corrections offer a viable alternative to imprisonment. As an alternative, a community-based correction save on cost, reduces prison populations, is an effective form of rehabilitation, is humane, and supported by public opinion. However, despite the potential for community-based correction for reducing prison population, this has not been the case. Judges are reluctant to hand community sanctions, and sentencing philosophy does not support it as an alternative mechanism for punishing offenders (Mackenzie, 2001).
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.
With the substantial increase in prison population and various changes that plague correctional institutions, government agencies are finding that what was once considered a difficult task to provide educational programs, inmate security and rehabilitation programs are now impossible to accomplish. From state to state, each correctional organization is coupled with financial problems that have depleted the resources to assist in providing the quality of care in which the judicial system demands from these state and federal prisons. Judges, victims, and prosecuting attorneys entrust that once an offender is turned over to the correctional system, that the offender will receive the punishment imposed by the court, be given services that aid in the rehabilitation of those offenders that one day will be released back into society, and to act as a deterrent to other criminals contemplating criminal acts that could result in their incarceration. Has our nation’s correctional system finally reached it’s critical collapse, and as a result placed American citizens in harm’s way to what could result in a plethora of early releases of inmates to reduce the large prison populations in which independent facilities are no longer able to manage? Could these problems ultimately result in a drastic increase in person and property crimes in which even our own law enforcement is ineffective in controlling these colossal increases in crime against society?
All over America, crime is on the rise. Every day, every minute, and even every second someone will commit a crime. Now, I invite you to consider that a crime is taking place as you read this paper. "The fraction of the population in the State and Federal prison has increased in every single year for the last 34 years and the rate for imprisonment today is now five times higher than in 1972"(Russell, 2009). Considering that rate along crime is a serious act. These crimes range from robbery, rape, kidnapping, identity theft, abuse, trafficking, assault, and murder. Crime is a major social problem in the United States. While the correctional system was designed to protect society from offenders it also serves two specific functions. First it can serve as a tool for punishing the offender. This involves making the offender pay for his/her crime while serving time in a correctional facility. On the other hand it can serve as a place to rehabilitate the offender as preparation to be successful as they renter society. The U.S correctional system is a quite controversial subject that leads to questions such as how does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime punishment or rehabilitation? Our correctional system has several ways to punish and rehabilitate offenders.