The major challenges facing the criminal justice system - Assignment Example

? An Analysis of the Criminal Justice System [Insert [Insert and Unit [Insert [Insert [Insert An Analysis of the Criminal Justice System Abstract Youth violence, drugs, violence against women and over criminalization are challenges the criminal justice system face and is draining their resources. Historical efforts to reduce youth violence worked and some are still effective for instance counseling and early detection. Crime levels by the youth have reduced more than half in the last forty years. Drug use is a major challenge since it has been increasing despite numerous resources put into reducing the vice. Addicts should not be treated as criminals but as sick people that need treatment. This will lower demand for drugs and bring down its use. Violence against women is an area where not much gain has been made. Strategies need to be revised with a focus on challenging attitudes in men that tend to promote it. Much effort however has been put to support victims and counsel them. Over criminalization reduces liberties and makes every mistake a crime. Certain mistakes should not be criminalized and the public should be educated on the existing laws and regulations as some people could be breaking the law without being aware of it. Introduction Public opinion polls and surveys always return a verdict that crime or the fear of it is one of the biggest concerns of the citizenry. Certain areas would be confused for a war zone as the ring of gun shots, gun shot wounds and injuries or injuries inflicted by other means are a common occurrence. Crime statistics continue to soar; from everyday burglary and cheating to homicides, rape and even terrorism and as time passes and technology advances so does the level of sophistication. A current trend is that of fraud and cyber crimes where there is no contact but the financial and psychological damage is equally devastating. The situation is made worse by a tight economic system, rising inflation and unemployment which puts a strain on people’s finances. While the national criminal justice system is an important body with a wide reach and influence; it is faced with a myriad of challenges that drain its resources. This article researches on the major challenges facing the criminal justice system from a theoretical, historical and a functional angle by reviewing various literature and trends and makes a conclusion at the end. Literature review Question One: One of the biggest challenges to the criminal justice system is violence by the youth. While the youth are the future leaders and the human capital necessary to move the nation forward, they also participate substantially in criminal activity. FBI statistics show for example that in 2005, youths aged 10 to 17 years comprised 15.4 percent of the population while also committing 15.4 percent of the crimes reported nationally (“Youth facts”, 2012). Of the youth population, 20 to 24 year olds commit most of the crime with males being the dominant offenders. Statistics show that the leading cause of death among American youth aged between 10 to 24 years is homicide (“CDC”, 2011). Violence also causes most of the non fatal injuries among the same age group (10 -24 year olds). Youth violence has been reducing in number though as data shows that in the period between 1964 to 1969, youths aged between 10 and 17 years made up 21.9 percent of the American population and committed 32.1 percent of all the crimes (“Youth facts”, 2012). But while the involvement of youths in criminal activity has been reducing, the fatality and lethal nature of youth violence has been getting worse. Acts of violent shootings in schools have been reported and the cause of youth violence is attributed to having criminal parents, broken homes, and abandonment. Early criminal tendencies is a pointer to future crime potential with evidence suggesting that adult criminality and delinquency during adolescence can be traced to problematic behaviors in children (Chaiken, 1995). These children are legally recognized but grow up without proper care, proper homes, food, or education causing them to develop social problems and are unable to become responsible adult citizens. They instead become economically and socially marginalized and persistently criminal (Chaiken, 1995). Kids with criminal parents are equally likely to engage in crime themselves compared to kids whose parents are not criminal. Drugs are also a big challenge to the criminal justice system not only in dealing with it as a vice but its attendant effects. People addicted to drugs are likely to engage in anti social behaviors, which include criminal activity, and addicts are rarely treated as ‘sick’ persons by the criminal justice system. Addicts especially those caught in possession or trafficking in drugs are first treated as criminals involved with drugs and not as addicts who are ‘sick’ and need help. Therefore, they are faced with a problem they are ill prepared to solve by themselves and the threat of criminal prosecution (Fagin, n.d). Drugs also cause people to behave irrationally and can commit crimes they probably had no intention of committing. The criminal justice system is also laden with over-criminalization where even the most mundane of offenses is classified as a federal criminal offence. For instance, giving a false weather report whether intentionally or mistakenly constitutes a federal criminal offence. While the intention of classifying such acts as federal crimes, they have the problem of over burdening the criminal justice system draining unnecessarily already stretched budgets and resources. Some acts classified as criminal offenses are so mundane that almost every day they are broken legally meaning large percentage of the population would be liable for criminal prosecution! (Silverglate, 2008). The fact that millions would be committing several crimes a day without knowing it acts to complicate matters. Crimes and violence against women is also another challenge facing the criminal justice system. Rape of women and domestic violence are big challenges to the justice system since they could be crimes committed with little or no witnesses around and as it may involve family issues, the victims fail to report and so suffer in silence. The incidences of domestic violence continue unabated despite great efforts and campaigns to sensitize the population and try to reduce it. Question Two Youth violence no doubt has tremendous repercussions upon the youths, the victims, and society as a whole. In the middle of the twentieth century, youth violence would mean the occasional after school fistfight or confrontation. Youth violence has been on the decline from the mid to late sixties compared to the present. However, the fatality and level of violence involved has taken on a new meaning. Presently numerous cases of youth violence involving the use of guns and other automatic small weapons has been on the increase (“Youth facts”, 2012). Guns end the lives of young people and cause fear among society for instance the fear of drive by shootings or drug wars causes deep faults and mental anguish in the general population. Youth violence has also taken the form of gangs; because the weapons involved have become more lethal and sophisticated, individuals feel more comfortable operating out of a group and so join gangs to acquire a sense of belonging and have ‘security in numbers’. Rival gangs usually will end up confronting each other ending in fights that may involve guns, which lead to injuries and loss of life. When this occurs, a vicious cycle is created in which the gang members want to go and revenge and the cycle of death, injury and destruction continues. Academic performance and school completion is highly compromised by criminal activity (Carrol). Violence in schools negatively affects academic performance and those engaging in crime are unlikely to get good grades or further their education. In fact, some drop out of school and with no formal skills is likely to continue engaging in crime and criminal activity. When youthful criminals are arrested and prosecuted they end up in prison. Capital and violent offences attract lengthy jail terms that keep these youths away from their families; of which youths could be breadwinners for their families or important contributors to their families. Parents are especially affected psychologically because of the death of a loved one. Youth violence also drains family resources as these youths would need parental support and input in obtaining legal services, or undergoing rehabilitation often eating into family financial resources. Drugs have great and potentially disastrous consequences upon individuals, societies and even on nations. Drugs cause irreversibly physiological damage to the users’ body as well as psychological and emotional damage. The health of a drug user is permanently affected and continued drug use causes ill health and sometimes death with cases of death from drug over doses being very common. Drug users are likely to mix drugs with alcohol and sometimes with prescription medicine whose interactions may be lethal (“Impact of drugs”, 2010). Drug use requires a constant supply of money and in most cases drug users have no steady income sources and so waste their financial resources funding their habits and could also engage in crime to get money. Parents of people of responsibility who engage in drug abuse end up neglecting their families causing them to also engage in vices and offering them no real hopes for the future(“Impact of drugs”, 2010). Possession, trafficking and use of drugs is a serious federal crime that could earn one a lengthy jail term often leading to loss of personal freedoms, loss of opportunity and careers and sometimes leads to broken families. Drug use has far reaching economic effects on a country as drug use results in need for specialized treatment, emergency room visits and rehabilitation. These stretch and already burdened public healthcare system that in turn drain a lot of federal resources. Drug use is also on an upward trend with estimates showing 7 million persons above the age of 12 were dependent on hard drugs as of 2008 in the USA; up from 6.9 million persons in 2007(“Impact of drugs”, 2010). Over criminalization though intended as a remedy to societal problems and as a deterrent against crimes, too many laws and excessive punishment emasculates the rule of law and actually achieves the opposite of the intended effect and threatens liberty which is what the constitution aims to achieve. The USA has over 4 000 criminal offenses and over 10 000 national regulations that are liable for criminal prosecution if broken. The laws and regulations have vague lax prerequisites for the establishment of criminal intent to justify punishment through the due process (“Over criminalization”, 2011). Others still have no prerequisites and most of the laws and regulations put much emphasis on violation of regulations put in place by the state and it doesn’t matter whether they conform to moral law. These laws and regulations override moral foundations for laws and crimes to be established and give central governments too much power. The public become less confident about the rule of law these laws are seen as an attempt by the government to curtail personal freedoms (“Over criminalization”, 2011). People will commit crimes not knowing that they are breaking the law and this negates the need for making laws in the first place. The fact that one can commit a crime without knowing creates fear and trepidation in people and disconnect with government, as people will feel the government is out to get them and even honest mistakes and misdemeanors result in criminal prosecution. These many laws place a considerable strain for the criminal justice system as it gobbles up much needed funds. Violence against women and domestic violence has a great bearing on society. Apart from causing personal injury and trauma in the victims, it erodes family values and is a frequently cited cause for broken homes and divorces. The effect on children is tremendous and these kids are probably likely to become violent themselves in future creating a vicious cycle (Commonwealth secretariat (May-Parker & Kiwala, 1998). Violence against women devalues women and causes trauma especially for sexually oriented violence while in the event of separation, kids grow up without one parent. Violence against women can be fatal too resulting in deaths and loss of life. Question three Youth violence has been mitigated through early identification and counseling for youths with erratic behavior so they do not engage in crime when they grow up. Historically, old methods that include establishing special units that target youth gangs and schools; and other recreational areas where many youth can be found (Noguera, 1996). Tougher penalties for juvenile offenders and felons especially repeat offenders were implement supposedly to act as a deterrent and the use of large correctional institutions and facilities to rehabilitate the offenders were adopted as the primary means to discourage youth violence. These strategies did not achieve much and changes were made. Instead of taking juveniles to prison, smaller community based correctional facilities were developed to integrate the youths back into society as responsible citizens (Noguera, 1996). New approaches that include reducing the gap between school and the community as a way to reduce youth violence have been adopted with some success. An example of this success was achieved in Lowell Middle School between 1992 and 1993 in which no weapons were found on any student for a given year in the whole of Oakland. Oakland is an economic backwater without a bank, a pharmacy or hardware stores but liquor stores exist aplenty and adverts tend to promote the virtues of alcohol and cigarettes (Noguera, 1996). Other programs adopted include the RESPECT (“Racial and Ethnic Sharing Providing Empowerment to our Community Today”) program that promoted peaceful racial coexistence and providing beneficial alternatives for youth who are troubled. Presently programs such as multi sectored approaches to reducing gang violence and gun possession among the youth are in place. The Baltimore program has been successful in addressing youth violence through the use of family therapy, wrap around services targeted at youth at a greater risk of violence, having effective and targeted patrols by armed officers in high risk areas, visiting victims at home by professional healthcare givers and giving prevention of violence instructions in school incorporating evidence (Brash, 2004). The drug problem was approached by targeting the source markets such as Colombia and training the local authorities and supporting the governments in those countries to fight the problem at source. Other strategies included crackdowns by the DEA and other agencies with stiff penalties for traffickers. Users still face lengthy jail terms for possession as was in the past. Units such as the coast guard patrol borders and areas notorious as source countries for drugs like Panama and confiscate drugs headed to American borders. The USA has used over $ 2.5 trillion to fight drugs and got success with more convictions. Presently efforts have been put in place with bill board adverts, education and rehabilitation for willing users (Suddath, 2009). Violence against women has been tackled with stiffer penalties, support structures for abused women and children and sensitization campaigns. Presently the strategies to reduce this vice focuses on increased government funding for the relevant bodies and authorities like police to provide specialized training and tools to tackle the vice better. The federal government launched an action plan in 2011 with specific actions to prevent violence against women such as by challenging existing attitudes that enhance violence on women, providing adequate support for victims and reducing risks to victims (“Violence against women”, 2012). Over criminalization has been tackled by reviewing some of the existing laws and regulations, legislating laws that are relevant and not trivial. Current strategies include proposals to reduce over criminalization by not criminalizing trivial mistakes, ensuring moral principles and an element of being wrong forms the foundation of any crime, imposing punishment when it is unavoidable for instance repeat offenders and deserved and having the proponents of prosecution even for minor offenses shoulder the burden of proof (Horder, 2009). Question four Current efforts to reduce youth violence have been effective with the numbers and levels of crime falling substantially since the sixties. Presently youths aged 10 to 17 years make up 15.4 percent of the national population and are responsible for 15.4 percent of the crimes committed as of 2008 which contrast with the mid sixties when youths made up 22 percent of the national population but were responsible for 32 percent of crimes (“Youth facts”, 2012). The efforts against drug abuse have not been very effective; despite spending over $ 2.5 trillion in the last 40 years to tackle this vice, there are more drug users in the USA at 19.9 million with most drugs for instance cocaine coming from Mexico (Suddath, 2009). This is an area that needs new strategies and fresh ideas. Violence against women likewise does not have impressive numbers ass it has not abated for the last two to three decades. More women still suffer domestic, sexual or physical violence despite the best efforts to reduce it. Reporting is still low with 17.6 percent of United States women having survived attempted or completed rape (“Feminist”, 2008). Over-criminalization is still a problem; however the measures taken for instance reducing the numbers of offenses that can be prosecuted by different states are bearing fruit but a lot more needs to be done. Question Five Youth violence can be reduced by early detection and therapy. Disturbed juveniles are likely to end up as criminals so welfare programs that correct violent behavior early will be helpful. Greater support for abandoned, abused and kids from broken families should be enhanced to enable them have a home and go to school. This will keep them off the streets. Schools should have counseling and support programs to sensitize youths on the dangers of violence. Drugs problem can be tackled by non criminalization of users found with small amounts. This will enable them to get therapy and treatment; considering drug addiction as a disease and not a crime will enable many affected persons to come forward for treatment. Stopping or treating addiction will greatly lower demand for drugs and this will eventually reduce trafficking due to a lack of market for this problem. Violence against women can be tackled by reducing incidences that create opportunity for violence, having campaigns to educate men on the dangers of violence in the home and changing attitudes; when angry go for a walk and the come back and have a talk! Over-criminalization can be solved by decriminalizing minor mistakes, using morals as the basis for enacting laws and avoiding enacting laws that go against the spirit of the constitution that promotes liberty. Finding a way to let people know the numerous types of crimes and regulations will make them better informed as some people do not even know that certain mistakes are crimes or legal offences. Conclusions and recommendations The four main challenges to the criminal justice system are youth violence, drugs, violence against women and over-criminalization. The historical approaches to youth violence have shown positive results with rates declining over the years. Much needs to be done to reduce lethal youth crimes such as homicides at school and gun possession. Drugs is still a big challenge with users increasing and more being smuggled into the US especially from the Mexican border despite increased expenditure and more resources to fight the vice. Addiction and possessing small amounts should be decriminalized and instead be treated as a medical case requiring treatment. This will reduce drug use and so smuggling will naturally drop due to reducing demand. Violence against women is still a problem despite concerted efforts to reduce it. This area requires major changes in attitude in the male population. Over criminalization is reducing but concerted effort should be made to reduce them and put most at the level of minor traffic offenses References Brash, R. (2004, January 16). Youth violence prevention and reduction: Strategies for a safer Baltimore Retrieved from http://ips.jhu.edu/elements/pdf/ips/abell/brash.pdf Carrol, B. (n.d.). The effects of school violence and crime on academic achievement Retrieved from http://www.davidson.edu/academic/economics/Student Research Papers/Brandon Carroll paper.pdf CDC. Centers for Disease Control and prevention Centers for Disease Control and prevention. (2011). Injury center: Violence prevention. Retrieved from Centers for Disease Control and prevention website: http://www.cdc.gov/ViolencePrevention/youthviolence/stats_at-a_glance/index.html Chaiken, M. US Department of Justice, Office of Justice Programs (1995) Critical criminal justice issues (NVJ 158837) Retrieved from National Institute of Justice website: https://www.ncjrs.gov/pdffiles/158837.pdf Facts about women violence (2008). Retrieved from http://www.feminist.com/antiviolence/facts.html Horder, J. (2009, July) Douglas Husak, over-criminalization: The limits of the criminal law. Retrieved from http://findarticles.com/p/articles/mi_hb6395/is_3_35/ai_n39242001/pg_2/ May-Parker, J., & Kiwala, L. (1998) Guidelines for police training on violence against women and child abuse (pp. 5-8). London, UK: The commonwealth secretariat. Noguera, P. (1996, April 28). Reducing and preventing youth violence. Retrieved from http://www.inmotionmagazine.com/pedro3.html Over-criminalization (2011) Retrieved from https://www.prisonfellowship.org/key-issues/issues-in-criminal-justice-reform/overcriminalization Suddath, C. (2009, March 25). The war on drugs Time, Retrieved from http://www.time.com/time/world/article/0,8599,1887488,00.html U.S. Department of Justice, National Drug Intelligence Center (2010) Impact of drugs on society Retrieved from U.S. Department of Justice website: http://www.justice.gov/ndic/pubs38/38661/drugImpact.htm Violence against women and girls (2012, February 9). Retrieved from http://www.homeoffice.gov.uk/crime/violence-against-women-girls/ Youth Facts (2012, March 2). Crime Retrieved from http://www.youthfacts.org/crime.html Read More