The Philosophical Foundations of the American Criminal Justice System - Research Paper Example

The Philosophical Foundations of the American Criminal Justice System Introduction Actions and utterances define crime. There are many perspectives that are used to define crime this is so because of the changes in societies, cultures, as well as time. One good example of change in the definition of crime is that of viewing of previously accepted acts as crime. Cultures in different societies’ embraced marital rape and domestic violence; however, today it is among the commonest crimes. America is one of the places that have experienced these changes, too. Criminal justice is a step-structured process that is aimed at administering equal justice to victims of crime. This paper explores in details the history, structure, process, strengths, weaknesses, aims, and the philosophical foundation upon which The American Criminal Justice System is founded. The History/ Background and Components of the American Criminal Justice System The American criminal justice system can be credited for being well structured with well-defined roles although that is not to say that its operations run smooth as it would be expected. This system comprises of three main components: the courts, the police, and corrections (Regoli, Hewitt, & Maras, 2013). Although this system has made some alteration and changes to improve its duties and benefit its people, its history is traced in British law and customs. Its components are: 1. The Courts Some years after the independence before the alteration of its constitution, the courts were using a replica of the Great Britain courts. One reason that prompted a change in the constitution was that the British law did not offer equal justice and was favoring the English. Among the amendments that were made in the constitution was provision of due process that still exists in current U.S constitution that the suspect possesses the right to be informed of accusations brought against him before appearing on the court and prepare for appropriate defense. 2. The Police The American police are responsible in the attainment of goals of the American criminal justice. They do this by arresting crime suspects, investigating crime, as well as facilitating correction. The American law enforcement is no exception of what America inherited from the Great Britain. 3. Correction Retribution is a method of punishment. Correction aims at reforming criminals and reshaping them to fit in the society. Yet again, it is important to remember that The American criminal Justice System borrows heavily from the Great Britain this notion of correction. Rehabilitation can be discussed under correction; however, it is far much better and humane form of punishment. As opposed to correction, which is a vindictive approach to crime, rehabilitation seeks to help convicted criminals to conform, embrace good moral behavior, and become useful members of the society. The Philosophical Foundation of the American Criminal Justice System While The American criminal Justice has aims and principles that govern its operations, it is also founded on a philosophy. This school of thought is notorious for raising questions on almost everything. The former British Prime Minister Winston Churchill’s criticized this system when he referred to democracy as the worst form of government. It is widely known that the United States of America uses the democratic ideology. Churchill’s statement is highly philosophical though not easily noted. A critical analysis of that statement presents the attitude and stand of Churchill in regards to democracy. A much easier and elaborative interpretation of the same would be that, democracy is the best ideology to be used only if used in the right way compared to other ideologies like dictatorship. Therefore, this interpretation means that democracy has its limitations and weaknesses; it is here that we are interested because the very democracy is where The American Criminal Justice system operates. What Type of System Is the American Criminal Justice System? While this question has been an avenue for debate, it is arguable that its answer varies depending on the personal encounter with the American Criminal Justice System. It may also depend on what one has heard, witnessed, and seen other go through under this criminal justice system. Its type is accounted for when looked under the following perspectives. Punishment Punishment is an inevitable component not only in America, but also in most criminal justice systems in the world for those pronounced guilty. However, critics have it that the system has sentenced many people unjustly. It is in this light that Bryan Stevenson, a columnist of a U.S magazine The New Crisis, reported “America’s unequal system of criminal justice has resulted in men, women, and teenagers being sentenced to death in trials where no defense witnesses are called, no closing arguments are called and no approaching zealous advocacy is offered.” Largely, this report has an effect on the attitude that anyone has about the American Criminal Justice System. It is possible to deduce that shreds of injustice identifiable within this system. Retributive The notion of ‘eye for eye’ can describe retribution best. The American criminal justice has once again come under devastating attack of critics in this regard. The rule of law is no longer observed, and the role of the jury is overlooked with prosecutors left to decide on whom and how severe to sentence people. One is left to doubt the reason for criminal justice structure being in place and its aims. Vindictiveness seems to be the aim of this system since no proper procedures speculated in the sources of the American law is followed. With all the reports on the performance and operations of the American Criminal Justice System, it is a private outlook on what type of system the American Criminal Justice system is. However, this is does not show that there is completely no hope for improvement and change. With good leadership, effective reforms, and pressure from concerned citizens on the government, it is possible to bring sanity in the system. Principles/Aims of the American Justice System It is true that many countries have established systems of dealing with lawbreakers; it is also true that these systems are expected to perform their duties justly. Therefore, it is paramount importance that such systems and institutions should have goals and principles to prevent biased judgment (Whitehead, Braswell & Jones, 2008). Likewise, the American Criminal Justice System has goals that guide its operations. These goals are stipulated in the constitution of U.S. Here are these aims in the order of importance: Administering Justice The system’s main goal is based on the reason why the system is needed in the first place. It is prudent to have people being responsible for their actions and to prevent impunity a state created by lawlessness. It is for this reason that the American Criminal Justice System is governed by the rule of law and aims at providing justice all its citizens (Kubrick, 2006). This goal is meant to be achieved in different ways among them: Preventing and controlling crime by Arresting lawbreakers Investigating crime Prosecuting lawbreakers Convicting the guilty Punishing lawbreakers Maintaining Order It is only when the law is adhered to that order and sanity in a country will be realized; it is upon this aim that the American criminal justice is build. These aims are the tools in which the performance and dedication of the system is gauged on (Neubauer, 2011). It is also through these main goals of the system that question of its competence and credibility is rooted. One of these being: Does the American Criminal Justice System Work Effectively? As already mentioned, the effectiveness of the U.S criminal justice system can only be gauged through its overall attainment of its goals (Jenkins, 2011). Flaws have been massively attributed to its operations. Racism The justice system is heavily accused of being racial. The difference between whites and blacks, specifically the African-American, is more conspicuous in the delivery of justice. An initiative dubbed Equal Justice Initiative released a report in June 2010 that there was racism in jury selection (Siegel & Worrall, 2013). This report went ahead to report that Houston and Alabama counties were rampant. The U.S. criminal justice system also came under sharp criticism when a report by The U.S. Bureau of Justice Statistics found out that there is a bigger chance of a black male going to jail than a white male both born in the same year (Panek, 2003). The report pointed out that the black males had 32% while that of white males was found to be 6%. Convictions and Execution Bryan Stevenson reported that 38 out of 50 states in the U.S. accept murder as a punishment. The process of execution is one that puts blame and shame on the America’s criminal justice structure. Some of the commonest methods that are used are shooting, poison injection, and electrocution. The dark mask of the America criminal justice system was evident when Gray Graham, an American, was unjustly executed (Stevenson & ABC-CLIO Information Services, 2008). He was injected with poison just because the new investigation revealed the reports proving his innocence too late. Incompetence and corruption It is a constitutional right of an accused person to be represented by a lawyer. However, it is very unfortunate that this right is only at the disposal of the rich in America. A report released by The Colombia University revealed the state of the American Criminal Justice system when it reported the two- thirds of the capital cases are reversed because of the illegally attained death sentences (Dempsey & Forst, 2012). This was a deadly attack on the sanity and competence of this justice system. The effectiveness of this system automatically came under sharp criticism because of the speed in which the world “largest democracy” is rushing to kill its people. Corruption has become the order of the day in the U.S. criminal justice system. The rich have had their way in this system (Stuntz, 2011). The system seems to favor the rich with a lot of prosecution misconduct, and inadequate defense lawyers for the poor. Morality/Ethics of the American Criminal Justice System The American criminal justice system has come a long way. The U.S. constitution and further basis of law have mandated and entrusted it with the administration of justice and maintained ace of law (Henry & Lanier, 2001). Obviously, there are people who pride in this system, but that the majority of these people are not rich, highly placed, or famous in America. As mentioned earlier in this paper and as history has it, the American criminal justice system inherited a considerable number of laws from its colonizer - The Great Britain. In its effort to gain independence and have an identity of their own, the U.S made amendments in their constitution (Thornberry, 2005). Therefore, it is very unfortunate that the same reason of favor, bias, and injustice on their part that made them to amend the constitution would be used to humiliate, torture, and kill its own citizens. For the above reasons, it is upon everyone and more so those in the United States of America to gauge the morality and ethics of this justice system. Morality and credibility of this system can only be gauged through its actions (Sprack, 2011). While punishment is necessary in realizing justice to victims of injustice, it is also necessary to be extra cautious before pronouncing that death sentence. Moral values and ethics of this criminal justice system are at stake if people like Gray Graham and many more who have been executed wrongly in attempts to do justice will never get justice (Giacalone, 2011). Their deaths will go unaccounted for, and who knows – probably, more people would be killed in coming years if the death sentence would end as the only sentence for whatever crime. Conclusion The American Criminal Justice system has been absolutely unfair and ineffective, even though it is difficult to believe. From the history and other reliable sources discussed in this paper, it is practical to conclude that considerable flaws have been found in system. It does not mean that this system cannot be redeemed. Change can be realized only if there is willingness, responsibility, and enough awareness on the part of the people. The government has a crucial role to play. 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