Criminal Justice System: Assessment of its Chauvinism - Essay Example

? Criminal Justice System: Assessment of its Chauvinism al Affiliation INTRODUCTION An ideal or territory is considered to be where people live an organized life; violence is avoided; the environment remains subtle and calm; people are at peace; and the crime rate hardly even affects the society. In a realistic perspective, such a state is nearly impossible to structure, because the fact that every state faces various challenges related to all aspects of the community, cannot be left un-noticed. It is true that perfection can be gained, but only after the negative factors are either eliminated or reduced, and this is not because they don’t exist from the beginning. Gargan (2005) believes that a well-established state can cope with both existing and emerging problems, thus, it is a fact that all the authorities of a state have to face a large number of problems. These problems are a part of the process of establishment and shall be worked out in time.1 Justice System: Definition and Account In the current state of affairs, it has come to notice of various researchers that a large number of problems are originating in the above mentioned working authorities. As the authority under discussion and study in this paper is the ‘criminal justice system’, before the question under deliberation is put forth, it is important to study and analyze what a justice system serves to provide. It has been elaborated that for courts and legal practices that formulate around the case management of people, justice systems play a vital role. They are the major elements in building solutions for the issues that arise and to stand a pillar of these buildings. The justice system of any region consists of foundations of technological expertise, experienced employees, and a supportive authority, all for the satisfaction of people in the society. These elements are to make sure that all paths that lead to disorganization and deviance are eliminated. Justice systems are established for the elimination of problems that would cause the above mentioned issues. It is believed that if these problems are not eliminated from the state, they can lead the entire region towards havoc. According to a specified point of view, characterization of the term ‘justice system’ can be put forth as ‘such an organization or arrangement of methodological practices and regulations which aims at gaining social control and organization by provision of rights and responsibilities to the people.’ Criminal Justice System The aspect of ‘justice system’ which is under consideration in this paper is the ‘criminal justice system’, its structure and how it is functioning in accordance to the question under evaluation. Dammer and Albanese (2011) stated that any organization whose goal is to control crime forms the criminal justice system.2 The role of the criminal justice system is to perform and provide social control by preventing acts of crime in a society and by implementing and formulating sanctions. The criminal justice system is the organization which makes sure that anyone who violates the law is taken into consideration and is apprehended. Gibson, Cavadino and Faulkner (2008) have stated that the working of the criminal justice system relates to “encompass the chain of events, activities, tasks or functions that continue the official response to perceived problems of law and order.”3 Hence, this system enforces laws though institutions and various agencies of its processing including the police, courts, and correction offices. Some general problems through which the criminal justice system is going through include unavailability, cultural and religious barriers, unaffordability, adequacy issues, and inappropriateness of the working due to sexism. Therefore, this paper addresses the issue of sexism in the criminal justice system with the help of the laws and case studies along with review of literature. This assessment not only publicizes the subject, but focuses on one segment of the verification: ‘Is the criminal justice system sexist?’ Furthermore, it raises a subject upon the explication with orientation to its formulation and the issues which have cropped up due to its increase, as the same question has been raised by Travis (2012) in his work “Introduction to Criminal Justice”4. Hence, this review puts forth a belligerent explication of whether or not the criminal justice system actually originates through a base of a sexist approach. Discussion In order to control crime, and for the infliction of penalties for those by whom laws are violated, the criminal justice system has established agencies and organizations. There is no specified criminal justice system in the form of a single unit in any region, but it exists through many categorized structures of systems. Any question that is raised upon the working of the criminal justice system is basically directed to its jurisdiction which includes working divisions like; cities, counties, states, governments and other installations, as it has been verified by May, Minor, Ruddell and Matthew (2008) that, other institutions, specifically the political establishments, are linked to the criminal justice system directly5 which is why the credibility of this system is questioned more often. Abnormal delays have been noticed in the criminal justice system due to proposed issues of sexism, due to which the seed of corruption is what shall be blamed, as Transparency International (2007)6 stated that citizens do not get their rights to equity due to the corruption in the judiciary. Due to this issue, it has been observed that a serious amount of crises have emerged. It is the constant and recognizable nature of the delay in legislation, which has brought many cases that involve females under deliberation. This phenomena is not only restricted to Australian criminal justice system but it is universal. In a system which works towards the elimination of injustice from the society, the phenomena of sexism is found; this guards the increase in issues that crop up. The crime rate statistics have always been remained in ‘dark figures’, as stated by Tiffen and Gittins (2004).7 The major flaws due to which the criminal justice system can be tagged as sexist are: it descents female victims due to the lack of proper formulative operations; women offenders are unable to come out of the cycle of crimes due to the failure of this system to work on this aspect; and the prevention of women workers from reaching the higher posts. Other aspects that can be named for being responsible for the labeling of the criminal justice system may include some most essential ones, such as lack of vigilance on crimes committed by females, leniency in marking their bails and offenses, and the lack of supervision by women officers at higher levels of crime investigation carried around females. Case Assessments & Law Verification The same aspect of disapproval of sexism in the criminal justice system was addressed by Cunneen (2008) in a case study8. This case study was based on the verification of the path on which the criminal justice system has been directed and aimed mostly at addressing the issue of compounding indigenous anger. In the case study, it was found and evaluated that besides the pulp of the issue, minor problems were also present in large number. Amongst these minor problems, the most reoccurring issue was of sexism, which has spontaneously been affecting the processing of criminal justice system. It was found that due to the presence of these minor issues, there was a continuous growth of crimes and the inability of the workers of criminal justice system to eliminate this crime cycle. It was gained through the study that just because female offenders have been paid less heed, the crime rate of women has increased up to 47%. Hence, from the above study, it can be said that the criminal justice system has always been a part of explanation for the issue of sexism and not just a justification. The important evaluation which can be gained after the above study is that the conduction of this study with regard to political, historical, and institutional aspects has led to a finding. This finding directs this paper towards the verification that the above mentioned institutions are in direct link with the criminal justice system and the issue of sexism that has emerged. It has been verified by Koons-Witt (2002) that there has always been a relationship between the sentencing guidelines and the imprisonment decisions when it comes to the issue of sexism in the criminal justice system9. Even though it was believed that gender was not the only responsible factor of the dismemberment of the criminal justice system, but other issues also had a significant impact on it, yet the evolution of these issues was also linked to sexism. It has been stated in this study that the management of imprisonment for women with children is the essential component that has always led to the inadequacy of this problem. After evaluating the models provided in this study, it can be elucidated that such factors are majorly responsible for weakening the criminal justice system, and have led towards an ignorant behavior, despite the seriousness of a scenario. In the past thirty five years over twenty eight countries, Simon and Redding (2005) have provided the crime rate amongst women has increased.10 But as for the reference to the statement of law, it has been considered by Fenwick that the ‘Youth Justice and Criminal Evidence Act’ formulated by women is to be held responsible.11 This is due to the fact that this law regarded to the avoidance of questioning about sexual experiences in circumstances, on the other hand there weren’t any female officers who could have played the role of improvement. Hence, it can be evaluated that this stance could have been made better if instead of the eliminating the questioning, female officers were called upon and handed the responsibility for such questioning. Literature Review Another important aspect which puts forth the sexist nature of the criminal justice system is the formulation of the rule of elite in the structure. This aspect is also put forth by Vito and Maahs (2012) as they verify that the elite class, when comes in power through corruption in the criminal justice system, denies the rights of many people.12 The most important cause of corruption in the criminal justice system is the issue of moral deceit amongst various working leaders and employees of this sector. These people who are running the judicial system do not care about its structuring or function according to the ethics and law. Due to the readiness of these corrupt leaders to fraud and deceive others any time at any moment, the criminal justice system is stuck in the state of delusion. It has been formulated by Benatar (2012) that when it comes to sexism, it can be said that the male offenders are the ones who are a victim of this issue. This is again due to the fact that female offenders, as Benatar believes, are treated more leniently.13 The most important issue that was examined by Felson (2007) in a study was assessed, and it was gained that in a large number of criminal justice systems, men who assault women are treated more leniently, as compared to men who commit some other crimes.14 It was formulated through this study that the label of sexist must be provided to the criminal justice system as it promotes the idea of women mugging of less value than any other crime. This notion has further been specified by Wormer and Bartollas (2007) when it was stated that the status of women in the criminal justice system is nothing but oppressed15. Another significant factor which can be formulated through the review gained, and that determines the criminal justice system is corrupt, is the presence of biasness and nepotism amongst its management. The authorities are in favor to provide justice to those to whom they are related. They support those judges and officers who follow this pattern, and if they don’t, they are fired or transferred, specifically the women categories of the workers. Willie (1995) has formulated this aspect by providing that the major factor that assists sexism in the criminal justice system is the presence of biased people16 who make sure that their will is aided as they arrest, prosecute, and incarcerate people, be men or women. It is both on the international and national level that an increase in the criminal activities of females has been documented, which has led scholars towards the theory of antisocialism of women. Further it has been presented by Shabnam, Naomi and Edelyn (2011) that there exists a theory of the criminal justice system being sexist, which elaborated that the more the female offenders are treated leniently, the more they spread and promote criminality17, which again leads the female sex to hand in the zone of negative influencers. Hence, from this study a vicious cycle has been put forth for not only women but also for men, who get stuck after being confronted with the corrupt system of criminal justice. Clear, Reisig and Cole (2011) have examined that no specified “distinctive correctional model”18 has been formulated since the 19th century for women offenders. It is for personal gains and greed to access money as many times as they can, the authoritative people of the criminal justice system are ready to fight cases and defend criminals who are guilty and blameworthy for the acts of violation of law. Burke and Cooper (2009)19 have stated that the ravenousness of an individual stimulates the need for monetary gain. Hence, the above need to gain as much money as possible compels these people towards illegal acts which they themselves commit and fraud others. Thus, it makes them incapable of providing criminal justice to the state. Many a times, this also leads to sexism when elite classes have enough money to pay if women of such backgrounds confront imprisonment or punishment without addressing the issue at hand. Another major cause of sexism in the criminal justice system is the ethical, cultural, and religious prejudices. People belonging to certain castes, religion, or creed are not provided the facilities, which are provided to those belonging to others. Hence, this cause is the major source of unrest in the working of the criminal judiciary system, which is why Kraska (2001) believes that, there is a lack of the ability to differentiate between “how things come to be and how things are addressed.”20 As per the study conducted by Rubin (2008), it has been verified that it is due to the structure of the cultural variety in the criminal justice system that the issue of sexism is increasing.21 This can be further verified through the statements that have been put forth by senior workers in the criminal justice system. It has been presented by these workers that the behavior of male workers towards female workers has always been discerning which has also been put forth in the above case study, and provides the sexist nature of the criminal justice system. This, Feinman (1994) believes, is tough because women in this field have to work night shifts, weekends, and holidays as well.22 Through this study it was formulated that there is a specified perceived inequality which needs to be eliminated as soon as possible. As presented by Birzer (2010) in an evaluative study, the issue of sexism in criminal justice system is more with reference to the police assigned organizations.23 In this study, many aspects of a plan for the solution of this problem were also specified. These steps basically directed towards the establishment of a well developed training program for both women and men workers in the police department. In accordance to Kirk and Rey (2009) these programs shall be established on both domestic and international levels for managers as well as the workers in all departments of the criminal justice system.24 Hence, in accordance to Cozens, Saville and Hillier (2005) if the program of crime prevention through environmental design (CPTED) is adopted for the solution of this program, the issue could be eliminated to some extent from the criminal justice system.25 Hence, the major findings of these scholars advanced the verification that strategies for prevention of crime could be developed through and implemented by the design, methodology, and approach plan. With the help of the assessment of this study, it was can be elucidated that the knowledge for solving this issue can be expanded. CONCLUSION Therefore, with the help of the above specifications gained from the literature review, the successful aspects that could be achieved include sentencing and processing decisions that would be formulated with stability; youth status offenses that would be relabeled and responded to in detail; men and women who would be equally punished for their offenses; and an equilibrium that would be established in the criminal justice system. Hence, after the above steps have been taken it can be made sure that the criminal justice system, which is currently facing a large number of problems due to the factor of sexism, will be improved and bettered. But basing our efforts on the fact that our state would be corruption free is useless. Every state is corrupt on various levels; what matters is not how corrupt it is, but how strong the people are to eliminate this corruption. References: Benatar, D. (2012). The Second Sexism: Discrimination against Men and Boys. Malden, MA: John Wiley & Sons. Birzer, M.L. (2010). A More Effective Training Approach for Contemporary Policing. Journal of Contemporary Ethnography, 39, 187-214. Burke, R.J. & Cooper, C. (2009). Research companion to corruption in organizations. Massachusetts, MA: Edward Elgar. Clear, T.R., Reisig, M.D., & Cole, G.F. (2011). American Corrections. Belmont, CA: Cengage Learning. Cozens, P.M., Saville, G., & Hillier, D. (2005). Crime prevention Through Environmental Design (CPTED): A Review and Modern Bibliography. Property Management, 23(5), 328 – 356. Cunneen, C. (2008). Indigenous Anger and the Criminogenic Effects of the Criminal Justice System. South Wales, SW: University of New South Wales. Dammer, H.R., & Albanese, J.S. (2011). Comparative Criminal Justice Systems. Belmont, CA: Wadsworth Cengage. Feinman, C. (1994). Women in the Criminal Justice System. New York, NY: ABC-CLIO. Felson, R.B. & Pare, P.P. (2007). Does the Criminal Justice System Treat Domestic Violence and Sexual Assault Offenders Leniently? Justice Quarterly, 24(3), 435-459. Fenwick, H. (2002). Civil Liberties and Human Rights. Wharton, London: Cavendish. Gargan, J.J. (2005). Handbook of state government administration. New York, NY: Marcel Decker. Gibson, B., Cavadino, P., & Faulkner, D. (2008). The criminal justice system: An introduction. Hampshire, Hants: Waterside Press. Kirk, G., & Rey, M.O. (2009). Women’s Lives; Multicultural Perspective. New York, NY; McGraw Hill. Koons-Witt, B.A. (2002). The Effect of Gender on the Decision to Incarcerate Before and After the Introduction of Sentencing Guidelines. Criminology, 40(2), 297-327. Kraska, P.B. (2001). Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police. Richmond, Virginia: UPNE. May, D.C., Minor, K.I., Ruddell, R., & Matthew, B.A. (2008). Corrections and the Criminal Justice System. Sudbury, MA: Jones & Bartlett. Rubin, G. (2008). Anne Logan: Feminism and Criminal Justice: A Historical Perspective. Feminist Legal Studies, 17(3), 353-354. Shabnam, J., Naomi, S., & Edelyn, V. (2011). Gendered Social Forces: A Review of the Impact of Institutionalized Factors on Women and Girls' Criminal Justice Trajectories. Psychology, Public Policy, and Law, 17(2), 161-211. Simon, R.J., & Redding, H.A. (2005). The Crimes Women Commit: The Punishments They Receive. Lanham, MD: Lexington. Tiffen, R. & Gittins, R. (2004). How Australia Compares. New York, NY: Cambridge University Press. Transparency International. (2007). Global corruption report 2007: Corruption in judicial systems. Cambridge, MA: Cambridge University Press Travis, L.F. (2012). Introduction to Criminal Justice. Burlington, MA: Elsevier. Vito, G., & Maahs, J. (2012). Criminology: Theory, Research, and Policy. Sudbury, MA: Jones & Bartlett Willie, C.W. (1995). Mental Health, Racism and Sexism. Pittsburgh, PA: Taylor & Francis. Wormer, K.S.V., & Bartollas, C. (2007). Women and the Criminal Justice System. New York, NY: Allyn & Bacon. Read More