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Fairness in the criminal justice system
Fairness in the criminal justice system
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The criminal justice system can easily be biased to reflect and support their own self interest. The criminal justice system is the only organization that is able to remove criminals from the streets. Even though it takes many officers to make a difference in a community, there is no assurance that each officer
The current criminal justice system, Eagleman argues, is based on attributing blame for a crime and then deciding who gets blamed based on a person’s motivation to commit it.
Introduction and Summary: Chapter 11 focuses on the individuals with mental illness and the criminal justice system. Every year there are hundreds of thousands of individuals with mental illness who are arrested. The past decade a lot of the state hospital and mental health facilities have been shut down for lack of funding. Many of the seriously mentally ill are roaming the streets. The serious mental illness regarding this chapter would include schizophrenia, bipolar disorder, and severe depression.
Reforming the Justice System is futile when people refuse to follow the principle laid out in the title. In the book “Just Mercy,” “Sheriff Tate drove Walter to Holman Correctional Facility, a short ride away in Atmore, Alabama. Before the trip, the sheriff again threatened Walter with racial slurs and terrifying plans.” which shows how officials of the criminal abuse their power to intimidate the accused into potentially serving a sentence without question due to fear. From start to finish, there were many instances in “Just Mercy” where officials like the judge or the sheriff abused their power to instill fear and make the people they uphold authority over feel inferior and lesser than human. The abuse of power that sheriff Tom Tate illustrated in Walter McMillan’s case is not the first and also not the last time someone with the same false sense of justice will convict minorities, people of lower economic status, and as was said before, people they view as lower than them.
To understand, what is "discretionary decision making" within the Criminal Courts, let me explain what is discretion. According to the textbook America 's Courts and The Criminal Justice System discretion is the lawful ability of an agent of government to exercise choice in making a decision. Now, "discretionary decisions in the criminal court process are made on the basis of legal judgements" (Neubauer & Fradella, p132). The "three major subcomponents are legal judgements, policy priorities, and personal philosophies" (Cole, 1970; Smith)". An example would be a prosecutor who refuses to file a criminal charge because in her legal judgement, the evidence is not enough to prove all the elements of the offense" (Neubauer & Fradella).
Transformative justice theory is a criminal justice theory that “recognizes that oppression is at the root of all forms of harm, abuse, and assault (New York State Coalition Against Sexual Assault, 2022). This theory incorporates a structural approach that examines the root causes of crime and inequality within social, political, and economic systems (CriminalJustice.com, 2019). Transformative justice theory faults traditional approaches to crime response and crime prevention (CriminalJustice.com, 2019). Therefore, it makes sense to consider whether any potential course corrections in the strategies and approaches of the Agency 2 might be strengthened by the incorporation of some of the principles of transformative justice theory. In 1958, George B. Vold, a conflict criminologist, explained that crime is an outcome of political conflicts between groups that have power versus those that do not and are disenfranchised (Nocella, 2011).
Being just in the American criminal justice system is a topic that is highly debated. Some believe the system is just, while others believe it is a flawed. The truth however, is that humans are not always right. God is the only who can practice justice in complete perfection, because humans are not perfect. Although many people in the American criminal justice system have good intentions, sadly that does not necessarily mean they are always just.
Describe the limitations associated with criminal justice policy making. In an ideal world law enforcement, policy makers and policing agencies are equally aligned with the forces behind criminal activity. They collect information, follow the clues and make arrest, when dealing with computer crimes there a few immediate factors that limit not only fighting the crime but knowing for certain whether it is a crime or not. Many law enforcement officers that handle computer crimes only understand basic computer language and cyber criminal terminology because it is constantly evolved, that not only limits they knowledge of what is criminal but they are also limited to how the law is applied to the crime.
Mackenzie Wolfe Mr. Boline AP Language Arts 29 March 2023 America’s Justice System is Broken High influence issues such as abuse of power and greed can change the course of hundreds of lives and impact the way the world treats people. As seen in Just Mercy, written by Brian Stevenson, these issues can be the difference between life, death and a long life of lasting mental health issues. The Justice System of the United States is broken because of the abuse of power and greed that hold high influence in America’s Justice System. Abuse of power is significantly influential in the Justice System. It corrupts officials, changes outcomes of “fair trials”, convicts innocent people and even sometimes is the cause of a wrongful death
Discretion has a fairly effective role within the justice system, specifically when looking at the sentencing and punishment of offenders. Discretion can have a distinct effect on the outcome of a case. The role of decision making through an individual may provide for a different insight into different cases which therefore means that no two verdicts are reached in the same way. The role of discretion when looking at charge negotiation (or plea bargaining) is to decide whether or not the accused may be granted a 'lesser ' punishment in exchange, they plead guilty. from prosecutors.
In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place
This paper examines the media and its effect on crime and the criminal justice system. The media 's negative influence often makes an impact in the justice system. To see the type of influence the media has on the justice system, let 's examine different cases. Media involvement can change the outcome of a case. The power of the media in the system justice is mostly negative.
77). The U.S., a model of Common Law, may have high crime rates but its democratic and transparent criminal justice ideals and systems are considered as better than in Socialist, Civil Law, and Sacred Law families due to the significance given to individual rights and freedoms. The existence of due process, trial by jury, “innocent until proven guilty,” and individual rights and freedoms in the U.S. can help curb police power and corruption. In addition, the states in the U.S. have local jurisdiction in managing everyday law enforcement functions compared to more centralized ones that can delay important decision-making. Adaptability to local conditions enhances the responsiveness and effectiveness of the Common Law’s law enforcement
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.
Throughout this course, I have been able to obtain a different understanding and perspective in decision making. Decision making appears to be much simpler when it only involves one person. However, decision making in the public sector is more complex as it involves different people and other departments. This course has given me the ability to think outside of the box.