The Criminal Justice System - Essay Example

?Running Head: CRIMINOLOGICAL THEORIES The Criminal Justice System of Introduction The emergence of different types of movements and schools of thought questioning the fairness, cruelty, humanness, and the efficiency of the practices and procedures of the Criminal Justice System in the late 18th Century perhaps marked the beginning of the development of criminological theories. The criminological theories that resulted from the activism of these movements did not only target the criminal justice systems but also the correctional aspect of justice such as prisons and delinquent correction facilities such as approved schools (Agnew & Cullen, 2006). Importantly, the criminological theories sought to explain the propensity for an individual or a group of people to commit crimes or acts of delinquency. In this manner therefore, it would be possible for judges, magistrates, and prosecutors to base their conclusions on sound scientific and sociologically sound arguments, premises, and inferences. Among the founders of criminological theories beginning in the late 18th Century were Jeremy Bentham of England and Cesare Beccaria of Italy. These earlier criminologists, among others, established a school of thought commonly referred to as the classical school of criminology, which intended to achieve extensive reforms in the legal as well as the penal system (Beccaria & Davies, 1974). Expanding criminological knowledge was therefore not the only objective of the early criminological theorists. In fact, the major aims of the early movements were to moderate legal penalties and to compel the judiciary to adhere to due process while handling criminal cases (Agnew & Cullen, 2006). Importantly, the early criminological theorists sought to reduce the application of the death penalty on offenders and other cruel penalties. Since the emergence of the concept of criminological theories, the established theories have undergone a lot of developments and evolution, supported by a range of theoretical researches on criminology, leading to the myriad criminological theories that exist today. This paper explores the evolution of criminological theories and the impact of criminal and delinquent theoretical research on the criminal justice system. Theoretical Criminology Theoretical Criminology refers to a discipline focusing on the establishment, development, and the advancement of the theoretical, speculative, or notional aspects of criminological knowledge (Walsh & Ellis, 2007). In other terms, theoretical criminology encompasses the various theories, crimes, and the narratives related to or explaining crime and delinquency (Beccaria & Davies, 1974). In addition, theoretical criminology entails the study and surveys of criminal/delinquent behaviors, criminal law, social deviance, morality, and social regulation/governance crimes/criminals. Besides the renewal of healthy theoretical debates in the criminal justice systems, theoretical criminology explores the interrelation of criminological theories and empirical data from crime-focused researches, thereby promoting the establishment of linkages between cultural, socio-political theories, and criminological analysis. Although the academic nature of criminal justice became more apparent in the 1950s, a period during the discipline was mainly characterized by observational researches; recent times have realized the diversification of the discipline, with more complex criminal justice systems, organizations, and agents/personnel. Consequently, the criminological theories have since evolved to become more complex and equally diversified in their elements and areas of applicability. In fact, the contemporary theories of criminology could not be easily identified with the theoretical criminology that existed fifty years ago. With the more complex theoretical researches accumulated in the last sixty years, relatively more specific criminological theories have been postulated. Most of these specific criminological theories explain various types of crimes or criminal propensity but do not give a generalized notion on crime or acts of delinquency. Although numerous attempts have been made to realize a single generalized theory explaining crimes and criminal tendencies, little has been achieved in the establishment of a criminological theory per se. The complex and diverse nature of the modern criminal justice system has been cited as the main reason it has been impossible to formulate a single criminological theory covering the entire subject of criminology. The diverse nature of the criminal justice system lies in the many agents and departments it is composed of, including the courts, corrections, police, and juvenile justice. To have a single theory that explains all these components would be quite difficult. Nevertheless, many stakeholders have recognized the need to have a generalized theory, to be referred to as the Criminal Justice Theory, which would not only develop criminal justice in its academic or scientific aspects but also affect the operations of the criminal justice system. In developing this theory, the importance of exploring and understanding the actual criminological theories that have existed since historical times has been emphasized. To achieve their objectives, criminologists have continually developed theories which seek to explain the reasons people commit crimes and offer explanations for certain criminal behaviors. Through these explanations, criminological theories have helped in the development of more appropriate and efficient ways of controlling crimes and rehabilitating criminals who have undertaken their punishments. Since the emergence of criminological theories in the late 18th Century, many categories of these theories have been developed, each seeking to advance, refute or support the others. Generally, the theories have become more relevant and effective as the latest theories are based on and support the works of the earlier theorists. Nonetheless, there are a lot of variations in the postulations proposed by these theories. For example, the first category of criminological theories blames the individual on the predisposition to commit crimes, asserting that the individual has more sway on his/her tendency to involve in criminal activities. In other words, an individual has the ability to reflect on the advantages and disadvantages of committing crimes (Gardner & Anderson, 2009). After comparing the pros and cons of indulging in criminal acts, an individual makes a choice to either commit a crime or not. The other class of criminological theories attributes criminal acts to the community. In this context, the community is expected to be responsible in ensuring that citizens are stopped from committing crimes. To prevent citizens from committing crimes, the community must ensure the safety and the security of the neighbourhoods. Other theories such as the biological and psychological theories of criminology assert that individuals have innate traits or characters, which propel them to indulge in criminal activities, more so whenever they are exposed to certain environments that favour criminal acts (Gardner & Anderson, 2009). Because of the identification of these traits, psychologists have been able to determine peoples’ inclination towards committing crimes and have developed therapeutic techniques for preventing such crimes and rehabilitating criminals. The former category of criminological theories is referred to as the choice theory and it postulates that people choose to indulge in criminal acts. In this regard, the would-be criminals compare the possible benefits and the consequences/punishments that result from their criminal actions and decide to proceed with the acts. The other type of criminological theory, the classical theory of crimes, also emphasizes the central role an individual plays in deciding whether to carry out a criminal act or not. The conflict theory is the other criminological theory that has developed over time. According to this theory, the numerous societal conflicts, particularly across social and economic classes, are the main cause of crimes. Consequently, the conflict theory asserts that laws and the criminal justice systems are a creation of the need to resolve social conflicts and the resultant crimes. The critical theory on the other hand argues that only the elite in the society draft laws and regulations and defines crimes while those who resort to crimes do not agree with the laws created by the few elite in the society (Gottfredson & Hirschi, 1990). Instead, these laws are viewed a measure to control or restrict their lives, rights, and freedom. Nonetheless, this theory has been criticized on the basis that even the elite in society also commit crimes. Although most of the crimes committed by the elite could be referred to as white collar crimes, they also commit violent crimes such as murder, domestic violence, and rape. The labeling theory is the other criminological theory that has evolved with time. This theory states that people become what the society labels them to be. That is, a person becomes what the society expects him to become. The other emergent theory used in explaining crime is the life course theory, which postulates that the transitory and trajectory events in a person’s life have far-reaching effects on his/her likelihood to become a criminal. While transitory refers to short term events, the trajectory are the long-term events in a person’s life. For instance, if these events are stressful, one may be forced to resort to criminal actions against the society. This latter theory refutes the notion that people make conscious individual choices to commit crimes. Instead, the theory emphasizes that people are born with innate individual abnormalities that drive them to commit crimes (Walsh & Ellis, 2007). These abnormalities, which drive someone to commit crimes, could be related to intelligence and social acceptance or lack thereof. The other criminological theories that have developed over historical time and are worth mentioning include the rational choice, the routine activity, the social control, and the social disorganization theory. The rational choice theory is similar to the other theories, which emphasize the central role played by rational decision-making in criminals (Deflem, 2006). The routine activity theory on the other hand suggests that crime is inevitable. It further postulates that the attractive nature of the target of a crime makes a criminal act to occur unless there are effective countermeasures in place to deter such a crime from occurring. According to the social disorganization theory, crimes occur in societies with breakdown in social norms and opportunities such highly populated and lower income urban communities (Deflem, 2006). These earlier theories of criminology and their classifications have since been further organized and classified to help in the development of a more concrete and encompassing criminological theories. The three most common earlier bases of classifications of criminological theories are; on the basis of the component of the criminal justice system concerned, underlying assumptions of a theory, and the predictor of a crime (individual, society, or situation). Despite the effectiveness of these theories and their classification bases, there are certain weaknesses inherent in each. Nevertheless, the division of criminological theories according to the components of the criminal justice system such as police, court, and correctional facilities is more common in practice than the other classifications. Criminal Justice Theory An effective criminological theory that would enable the criminal justice system to improve its effectiveness in the rehabilitation and punishment of criminals and delinquents is only achievable via the establishment of a criminological theory that encompasses all the elements of the criminal justice system. In this regard, all the similar contents in the other theories require to be incorporated in the said theory to prompt the generalization of the criminological theories. Moreover, it would be more competitive to test the applicability and reliability of all the existing criminological theories. Importantly, the various sub-categories of criminological theories should incorporate enough specificity and details for them to be useful in the establishment of a new and more effective criminological theory. Many stakeholders are thus of the opinion that a well-organized and all-inclusive criminological theory should be based on and built on the independent and dependent variables of crimes. The dependent variables that should be incorporated in the proposed criminological theory are the organizational behaviors of the criminal justice system, the individual behaviors of criminals and the agents of the criminal justice system, and the combined behaviors of the criminal justice system and its components (Fuller, 2010). The creation of this proposed criminological theory is however only achievable through intensive theoretical researches, which would go a long way in improving the criminal justice system. Theoretical Research on Crime and Delinquency How to handle and manage criminals and delinquents has been a perpetual problem for the society since time immemorial. The permanent nature of crime and related problems is the reason many stakeholders are involved in theoretical researches seeking to discover new and more effective ways of preventing and fighting crimes. In addition, these criminological researches intend to develop better and more effective measures for punishing and rehabilitating criminals and delinquents. Myriad options and opposing views for the effective prevention of crimes and treatment of criminals and delinquents have however been cited as the results of absence of reliable knowledge on the nature of crimes and the psychological and biological make up of criminals and delinquents (Fuller, 2010). Many stakeholders have consequently focused their researches on the lack of the necessary knowledge, citing poor research practices on the effectiveness of the preventive and correctional measures in the criminal justice system. Extensive theoretical research has since been recommended on old and new correctional and preventive measures and policies on criminals and delinquents. Nevertheless, recent times have realized an increased activity in the theoretical researches on crimes and delinquencies, which have affected the criminal justice systems in one way or the other. First, these theoretical researches have helped in the provision of adequate definitions for the various programs by which crimes and delinquencies may be prevented or punished. The definitions provided by these theoretical researches not only offer sufficient operational meanings but they also give clear identification of the various components of criminal justice programs (Gardner & Anderson, 2009). Theoretical researches on criminals and delinquents have therefore been important in eliminating myths, misconceptions, and inaccuracies that have marred the operations and decision-making processes in the criminal justice systems. The first among the misconceptions that theoretical researches have clarified is that females and the elderly persons are more vulnerable to criminal attacks and other forms of victimization (Sampson et al., 2001). Instead, researches have shown that males and the youth are more vulnerable to crime victimization. The other important benefit of theoretical researches on criminals and delinquents is the widespread use of scientific approaches in criminology and criminal justice systems. In this context, rational explanations and scientific methodologies are used more in proving criminal and delinquent cases in the criminal justice systems (Fuller, 2010). In other terms, scientific methods have been used to corroborate criminological theories and their appropriateness and effectiveness in their applications in real-life criminal situations. In a similar manner, philosophers and criminological theorists have extensively used scientific investigations to prove the accuracies and reliability of their theories relating to crimes and criminals (Siegel, 2003). Theoretical research has since shown that science and criminal justice could work in collaboration to ensure a more effective criminal and delinquent justice system. Because of theoretical researches, it has become easier for those involved in the criminal justice system to discuss the problems encountered in the system and find long-term solutions to the said problems (Fitzgerald et al., 1980). Through research experimentations, verifications, and replications, it has been possible for the criminal justice system to add practical evidences during situational analyses for various crimes and delinquencies. The best ever effect of the incorporation of scientific theoretical researches in the criminal justice system is the realization of sound conclusions/judgments, derived by reason, experimental data, and common sense. There has also been a considerable improvement in the level of sociological imagination and equal reliance on methodological data, resulting in the creation of new and more effective theories and approaches to the handling of crimes and delinquencies (Fitzgerald et al., 1980). The presence of a critical intellectual environment in the criminal justice system is the other positive effect of theoretical researches on the criminal justice system. The heightened intellectual abilities have resulted in the personnel in the criminal justice system analyzing crimes using both old and newly created criminological theories. The emergence and spread of criminological theory as a discipline has also led to increased funding not only for the researches but also for the criminal justice system to implement the findings of these researches and to carry out the required reformation, resulting in an improved efficiency (Fitzgerald et al., 1980). Important in the theoretical researches in the criminal justice system are the various skills that the staff has been forced to acquire in order to remain relevant in the system. In other words, theoretical research has resulted in a more professional criminal justice system as more employees seek to ensure they do not become redundant. Among the improved skills in the criminal justice staff is information gathering skills. To effectively research on criminological issues, the personnel involved must know how to gather the relevant information. The fact that most criminological researches are based on the gathering and utilization of statistical data has forced the personnel in the criminal justice system to acquire skills in understanding, predicting, and analyzing the patterns and statistical correlations, which indicate criminal tendency. Also important for theoretical researches on crime are critical and creative thinking skills, which have improved greatly in the criminal justice system employees in recent times. Although statistical data plays a central role in most researches and investigations in the criminal justice system, the analysis and interpretation of the collected data requires critical and creative thinking (Gardner & Anderson, 2009). Finally, report writing skills have also improved considerably in the criminal justice systems as personnel are required to write reports at the end of any investigations and researches conducted. Conclusion From the above discussion, it is evident that the role of criminological theories and theoretical research on criminals and delinquents in the criminal justice system is not debatable. Conspicuously, theoretical researches have allowed for the development and the entrenchment of plausible explanations to realities of criminal cases in the criminal justice system. Through more advanced theoretical researches, attempts have been made to classify, explain, predict, and organize events in the criminal justice system. Importantly, the criminal justice system now understands the occurrence of crimes and delinquencies better. The improved understanding of the nature of criminals and delinquents has enabled the criminal justice system to give reasonable and informed guesses and decisions on criminal cases. Included in decisions and judgments in the criminal justice system in modern times are good research methodologies, facts, and data to support the specific theories applied. 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