The Criminal Justice System - Term Paper Example

? Criminal Justice System The Criminal Justice System College There is a vast difference between traditional policing that were followed some decades ago in U.S.A as that of community policing that is being practiced now . Further, American legal system is confronted with the diversity issues as America is a nation of immigrants and has a good chunk of minority population. Further , there arise legal confront between congressional power to legislate and the Supreme Court of U.S.A finding some legislation infringing the rights granted under the constitution, and this has resulted in legal issues. In this research essay, I will compare and contrast the traditional policing with that of community policing and will have deep, critical analysis of legal, diversity and ethical issues that are confronting American criminal justice system as of date in an exhaustive manner. Key Words: Traditional policing, community policing, legal, ethical and diversity issues Criminal Justice System There has been a 605% increase of violent crimes in U.S.A alone since 1953. Americans view violence and crime as the most significant issue being witnessed in U.S.A. A good criminal justice system helps to maintain law and order of a country under control. Even though, the administration is toothed with an exhaustive power to trace and punish criminals, many procedures have been set out by the American Constitution like right to engage a counsel , right to remain silence , right to appeal, etc. for an accused. The main intention of a criminal law is to safeguard society. One of the famous maxims about criminal law is that the punishment must fit the crime. Thus, this research study helps to evaluate what a criminal system is, a comparison between traditional and contemporary policing, legal, diversity and ethical issues associated with American criminal Justice System and about its intricacies in detail. [Summers &Hoffman, 2002, p.173]. Criminal justice system consists of a great number of actors executing different jobs like judges, police officers, probation officers, bondsman, etc. Each player in criminal justice system requires to gain assistance and cooperation of the other actors by assisting those players to accomplish their objectives. The federal system of the United States is founded on the substratum notion that the states administer the principal responsibility for criminal justice and hence , criminal justice is the nucleus of state and not national responsibility .[Barkow,2003,p.33]. Currently, there is no single criminal justice system in U.S.A as different states follow many systems that are identical but individually distinctive. However, court findings are based on the due process of justice that is guaranteed by the U.S constitution which is responsible for the administration of criminal justice. In U.S.A, criminal justice department consists of courts, police and corrections. Under criminal justice system, police performing roles like to look into reported crimes, gathering and safeguarding evidence, arresting the offenders and helping the prosecution that offenders get proper punishment and to keep law and order in the society. Court decides whether an individual is an offender or not and award a proper sentence to the offender and to interpret the law wherever it is necessary. Correction system offers protection and care for the convicted and to uphold the safeguards conferred by American constitution. Thus, role of criminal justice system’s functions is allocated differently across the state, local and federal governments Traditional Policing Customary policing focuses on individuals who commit crimes, and they will attempt to separate nonoffenders from offenders. One another old myth is that criminology spotlights on the community level. The purpose is not to identify why individual commit a crime but to recognize attributes in cities, neighborhood, nations and states that are responsible for higher magnitude of crime. (Samaha, 2005, p.56). According to Clifford Shaw and Henry McKay , who were the founders of the social ecology theory recognised three community features of Chicago neighborhoods-ethnic or racial heterogeneity , low social economic status and greater residential mobility, which paved the first to social disorganization and then ended in the high delinquency and crime rates. They turned down individual clarifications and spotlighted on how community features associated to transmitting criminality from one generation to the next. Robert J Sampson study corroborated the findings of Shaw and McKay’s social ecology theory and established that there was a close association between murder and robbery rates in about 150 U.S cities and joblessness. Sampson found that great numbers of unemployed Black men as contrasted with the Black women is directly associated with single-parent families headed by women ,and thus Black family commotions was poignantly associated to robbery and murder rates.(Samaha,2005, p.56). One another traditional policing is the problem –oriented policing (POP) which is another positive approach that emanate from the research disclosing the restrictions of the traditional precautionary patrol, rapid response and follow-up criminal investigations. As per Herman Goldstein (2001) who has been regarded the father of the POP (problem oriented policing), which offered the following insights about the POP. Police is in direct action with a variety of community issues, the majority of which are not rigorously criminal in nature. Detain and engage in the investigation alone- the customary features of the criminal justice system –do not necessarily find a solution to the issues. Empowering the officers, who have great experience and knowledge in the community issues, the authority to formulate solutions is necessarily valuable to find a solution to the issues. Police may employ a wide array of methods to redress recurrent issues. The community respects the devises to redress the repeated issues. The community also respects police association in noncriminal issues and acknowledges the involvement of police which can resolve the issues. (Samaha Joel, 2005, p202). Before 1970, criminal justice agencies and majority of the citizens were of the view that domestic violence was a “private” issue to be settled among the family members. It was considered at that time that police intermediation may make the situation bad for the victim as it could result in a reprisal. Even today, the majority of the call received by police is about family violence and about half of which go unreported. (Cole & Smith, 2006, p.170). Community Policing From 1980 onwards, there had been reform in policing in USA and the community policing was introduced. Community policing deals with “a philosophy footed on good citizens and police associating with informants in inventive ways to find a solution to contemporary issues associated with fear of crime , issues associated with crime , decay and disorder. Community policing is dealing with the brokerage task of policing where police could be the origin of information and introduction of professional specialists in a set-up of community services and unexploited resources. According to Tonry and Morris (1992), Community policing spotlights not on criminals but on crime and it did not absolve the crime fighting activities. Community policing is also spotlighting on fear of crime, and hence it acknowledges this as a distinct war and takes care of safety of the public, service functioning and functions. Thirdly, it also gives limelight to disorder, which is non –arrestable felonies, and hence it is concentrating on policing to a constable -era social order maintenance. It also gives due attention to notable and decay informants, which are the physical symbols of disorder, which requires mediation by police for involving in function like social beatifications, graffiti removal and quality of the life concerns. (Nwankwo, 2010, p.107). Earlier, the School Resource Officer Program (SRO) was a collaborative partnership between law enforcement agencies and schools as law enforcement agencies would send uniformed, armed officers to work in public schools. As per Atkinson (2002), the SRO Program symbolises a shift from a traditional policing replica in schools to a community policing model. The traditional policing is reactive and incident –driven whereas the community policing model is proactive and problem –associated, as SRO work with students, parents and educators to address issues as regard to safety of the school community. (Ismaili, 2010, p.79). Community policing is a concept where police is not only responsible to control crime alone but also require help from citizens to avert crime. Thus, the community policing is more robust, good, vibrant, and there is a community –police relations. Hence, the community policing replica needs police to have the association in a range of community activities, as per details given below Storefront and mini police stations Neighborhood Watch Programs Citizen auxiliary police Police-sponsored athletic leagues According to criminologist Herman Goldstein, the traditional policing initiatives fall short since police approached crime as if each event was a self-contained and isolated event. Goldstein considered that, for police to be efficient crime fighters, should associate to one another and develop a more exhaustive understanding of those elements that are highly associated with criminality. Community policing reinforces the tie between the public and the law enforcement with spotlight on resolving issues and community empowerment instead of stringent enforcement law. (Regoli and Hewitt, 2009, p.94). Legal Issues There exist some contemporary legal issues in the criminal justice system. For instance, there exist some contemporary legal issues in the corrections department. At least, some legal issues, appear to have settled by the verdict of the Supreme Court of U.S.A in Connecticut Department of Public Safety v. Doe1 and in the Rehnquist Court justice turndown the disputes over the constitutionality of sex offender registries that demand continuing notice to authorities of the addresses of condemned criminals who have undergone already their sentences for sex crimes. Thus , the Supreme Court found that the needs were part and parcel of a civil regulatory scheme intended to safeguard the public from probable dangerous sex offenders and hence , not punitive in nature.(Smith et al,2005,p.59). One should note that the role of legislative actions and the statutes in impacting the legal issues emanating during the contemporary “fight against terrorism.” For instance, in the Hamdi case2, the justices discussed about whether the authorization from congress for military action in Afghanistan offered a legal validation for the confinement of an American citizen incarcerated on the war field. There was also discussion about habeas statutes as part of their difference over whether Padilla’s plaint was filed in the appropriate court and whether it named the proper respondent. Thus, one should be aware that legislative actions may also give rise to legal issues that may need judges to offer the verdict about legal safeguard for ordinary citizens and the proper magnitude of governmental authority. (Smith et al, 2005, p.152). American criminal justice system has been criticised to be partisan as it is having differential sentencing for cocaine and some other offenses especially drug offenses. Further, there have been significant political battles and legal issues over congressional authority to make laws under commerce clause as reflected by in United States v. Lopez which has been regarded as a blockbuster decision of the U.S Supreme Court that seemed to introduce new restrictions on legislative power. The federal Gun-Free Schools Zone Act was invalidated by the Supreme Court by viewing that it exceeded the congressional authority; it created shocking waves and new discussion over the limits of the legislative power. In the area of segregation and racial discrimination, Brown v. Board of Education (1954) did not give solutions to issues witnessed by members of minority groups in the United States. However, the legal struggle over such issues prolong , as evidenced by the divided Supreme Court contentious verdict regarding the University of Michigan’s affirmative action decision for deciding admission as held in Gratz v. Bollinger decided in 2003. Moreover, these prolonged debates have not confronted the societal consent to explicit, government –supported racial discrimination made against African Americans. (Smith et al, 2005, p.5). Ethical Issues Both the criminal justice professionals and the general public are more worried with the application of ethics. Both elements would like every district attorney in the court, every police official on the street and every correctional official in prison to be able to do what is right, moral and proper; to be obligated with ethical standards and to apply fair and equal justice. These expectations are intricate as every justice system employees are often required to function in a scenario in which more ambiguity is the standard. (Siegel, 2009, p.30). Ethics in criminal justice system is particularly a significant issue in today’s context by giving attention to the extra authority and power granted to those operate ,work and manage the justice system. A correctional administrator’s ability to punish an inmate ,police official’s authority to arrest and employ force , a judge’s authority to sentence an accused offer them extra personal authority which should be governed by ethical norms. If they fail to make an ethical decision making, civil rights of individuals might suffer, and it could be an encroachment on the personal rights granted under the U.S Constitution. In this age of cyber age, the need for an ethical criminal system is further enhanced as officials of the criminal justice system are having immediate access to the general public’s personal information with range of medical history to arrest record. Thus, issues of confidentiality and privacy, which can have substantial social, economic and political ramifications, are now more serious than in the past. (Siegel, p31) Decisions must be made within the time framework of law in the criminal justice system, but also it should be consistent with the ethical norms of American society. It also reflects how victims and their families of a murder or killing by a serial killer will be affected due to such inhuman killing. Further, there is an allegation that court has not taken into account all elements and has made inconsistent application of victim compensation in many cases. This clearly shows there exists a wide gap between crime causation and the public policy. (Cole & Smith, 2006, p.xxi). Diversity One significant feature of American values is the code of equal treatment. The Declaration of Independence spells out that the every American being “created equal.” The Fourteenth Amendment ensures the right to “equal protection.” Opponents of the criminal justice system criticize that some discretionary decisions generate racial discrimination. Minorities, Hispanics and African American are subjected to criminal justice system at a greater percentage than the white majority. (Cole & Smith, 2006, p.93). Preparing criminal justice department officers to serve in a multicultural environment is itself a herculean task in the context of today’s criminal justice setup. Comprehending the differences, terms and compositions of multicultural societies is more significant to every employee of the criminal justice department. It is to be remembered that a term which is frequently connected with multicultural communities is minorities. As per Schaefer (2007), minorities groups can be defined as secondary groups who have poignantly have less command over their lives than do majority or dominant groups. (Cronkhite, 2007, p.371).However, there are allegations that minorities are being sentenced unfairly as compared to White majorities in similar crimes. The criminal justice system has the responsibility to make sure that there prevails domestic tranquility, justice as demanded by the constitution. It has the duty to safeguard the privileges and support and seize the diversities of all people. Further, an administrator has the responsibility to carry out the main goals of the agency and to satisfy the demands of the employees. Thus, safeguarding and embracing diversity is a mission that eventually applies to the public and internally to the employees. (Cronkhite, 2007, p.380). Only of late, there has been a steep increase in the numbers of law graduates from minority communities and this has resulted in the number of minority judges started to swell upward slowly in the American criminal justice system. Customarily, initiatives to diversify American judges by ethnicity , race and gender have been faced with much opposition from the critics who argue that judged should be neutral as it makes no difference, whether a judge is Hispanic , white , black or Asian. However, some are of the view that diversity on the “bench” can enhance American judiciary by establishing a variety of voices with perception into what are the most influential positions in the criminal justice system. Some critics argue that due to lack of diversity in the judiciary , much more lesser punishments are being awarded to white youths than the Black youths who have committed analogues crime, inconsistent refusal of bail to minority offenders , and inconsistent awarding of death sentences on minority offenders who have been accused with murdering of white victims.(Gaines & Miller,2007 ,p.259). In 1940, Missouri became the first state in America to coalesce election and appointment in a single merit selection. This is known as Missouri plan. The main aim of the Missouri plan is to get rid of partisan politics from the selection process while at the same juncture offering the citizens a say in the selection process of a judge. A list of worthy candidates will be provided by a nominating commission. From the list of possible candidates submitted by the commission will be selected by the official normally by the governor. A “retention election “will be held a year after the nomination which will facilitate the voters to decide whether the judge is to remain on the bench or not. (Gaines & Miller, 2008, p.206). Thus, despite of constant amendments, there exists some pivotal issues like diversity, legal and ethical issues in the criminal justice system and it highlights that much more reforms are the need of the hour to revitalize the American criminal justice system so that it is free from legal, ethical and diversity issues and confronts. References Barkow, Rachel E. (2003). Recharging the Jury: The Criminal Jury’s Constitutional Role in an Era of Mandatory Sentencing. U.Pa. Law Review, 152, p.33. Cole, George F & Smith, Christopher E. (2006). The American System of Criminal Justice. New York: Cengage Learning. Cronkhite, Clyde L. (2007). Criminal Justice Administration: Strategies For the 21st Century. New York: Jones & Bartlett Learning. Gaines Larry K & Miller, Roger LeRoy. (2008). Criminal Justice in Action. New York: Cengage Learning. Ismaili, Karim. (2010). U.S Criminal Justice Policy: A Contemporary Reader. New York: Jones & Barlett Learning. Nwankwo, Peter Okoro. (2010). Criminal Justice in the Pre-Colonial and Post-Colonial Eras. New York: Universal Press of America. Regoli, Robert M & Hewit, John D. (2009). Exploring Criminal Justice The Essentials. New York: Jones & Bartlett Learning. Samaha Joel. (2005). Criminal Justice. New York: Cengage Learning. Siegel, Larry J. (2009).Introduction to Criminal Justice. New York: Cengage Learning. Smith, Christopher E, McCall, Madhavi Michael, McCluskey, Cynthia Perez. (2005). Law and Criminal Justice: Emerging Issues in the Twenty-First Century. New York: Peter Lang. Summers, R. W. & Hoffman, A. M. (Eds.). (2002). Domestic Violence: A Global View. Westport, CT: Greenwood Press. Read More