Abstract The paper contends that any solution that hopes to revise the American criminal justicesystem must address five issues. The paper details these issues: A lack of racial parity in criminal justice, a lack of socio-economic parity, overcrowding in the courts, overcrowding in the prisons and the rehabilitation of the thousands of prisoners when they are released.
From the Paper "That the criminal justice system in the United States is biased is beyond dispute. Statistics abound that all confirm the same thing; if you are white and wealthy in the US, the odds that you will end up in jail are remarkably slim. Felony convictions send a disproportionately high number of African American and Hispanic men to prison, while their Caucasian counterparts remain free. The reasons behind this phenomenon are many - too many to be listed in this brief overview."
This well-researched paper examines the juvenile justicesystem and its method of dealing with juvenile offenders which has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception.
Abstract This paper explores the history of the juvenile justicesystem, dating back to the 1820s and until the present. The juvenile justicesystem in dealing with juvenile offenders has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception. The writer of this paper contends that in certain cases juvenile criminals should be treated differently than adults who commit the same crimes and supports this claim by detailing eight possible justifications. One justification is that adults are responsible for their acts, whereas juveniles are not. Another justification is that juveniles are more pliable than adults and respond better to treatment and rehabilitation.
This paper also details various research which examines the history of the juvenile justicesystem from 1820 which found that when juvenile crime is determined to be high, the justicesystem responds with severe punishments and few rehabilitative approaches. This paper also discusses the current approach to the juvenile justicesystem and questions its effectiveness in dealing with juvenile offenders.
From the Paper "What the models or approaches have neglected up to this point is the importance of the victim and the community, accountability of the offender, and competency development. So far there has been the debate between punishment versus treatment as options, but both have negative side effects and essentially ignore everything else. The need for retribution may be satisfied by punishment, but the offender can be negatively affected. Punishment can undermine self-restraint, stigmatizes the offender and creates problems of adjustment, which encourages delinquency, to name a couple, but it also encourages offenders to focus on themselves, not the victim and their responsibility."
Tags: youth, crime, law, legal, justice, system, court, rights
Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadian justicesystem. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadian justicesystem and the third and last area revolves around the difficulty that Canadian law-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadian justicesystem.
Abstract This paper looks at the problems in the youth criminal justicesystem. It discusses the lack of representation in court, lack of adequate facilities, lack of adequate programs in facilities (particularly education and special education), lack of adequate staffing, and sentencing juveniles as adults.
From the Paper "The purpose was that youthful offenders could be rehabilitated before they became lifelong criminals. Today there are still separate justice systems for adults and juveniles in state and federal systems but the juvenile system is not equipped for the shift to increasingly violent crime among juveniles. Recently a Michigan case involved a juvenile convicted of second-degree murder he committed when ..."
Abstract In this essay the writer notes that there are very few criminal justice trials which have been as remarked upon as the 1920s Braintree Robbery involving co-defendants Nicola Sacco and Bartolomeo Vanzetti, and the much later trial of Mumia Abu Jamal. The writer points out that these trials, because of the dubious verdicts reached in each instance, put Americanjustice on trial and called into question the underlying assumptions which could bring the full wrath of the state down upon unpopular but not necessarily guilty defendants, despite a dearth of compelling evidence against them. With this in mind, the following paper examines both cases and discusses the issues of fairness, evidence and celebrity-hood which lie at the respective heart of each.
Abstract The paper discusses Gilbert Stuckey et al.'s book "Procedures in the JusticeSystem" which explores the underlying philosophy and history behind the concept of justice in depth. The paper shows how the authors endeavor to create a deep understanding of the Americanjusticesystem and the need for law and order for all. The author of the paper surmises that the Americanjusticesystem is a double-edge sword in dealing punishment that fits the crime and that there is room for improvement so that the system doesn't unintentionally work against the victim. The paper also focuses on cruel and unusual punishment.
From the Paper "Our justice system is the mechanism for deterring crime"or so we think. Let's look at the facts. More than 1.5 million people are incarcerated in the United States today, .4% of the population Today, 25% or more of California inmates are incarcerated for drug related crimes. In the 1980s alone, 8% of the incarcerations were drug related and 57% were for violent crimes. And the statistics go on. So how effective is our justice system" Are we too lenient? Or are the loopholes of some of our laws preventing us from really curbing crime."
Abstract This paper looks at the tendency of the U.S. criminal justicesystem to focus primarily on minority groups and to mete out unnecessarily harsh punishment for minor crimes. Statistics are provided to support this contention, and the negative consequences of such a criminal justicesystem are discussed. The paper talks about the need to change the system and the probability of change, considering the growing awareness of human rights and equality.
From the Paper "The criminal justice system in the United States has been the subject of increased scrutiny for some decades. If the statistics are taken into account, it appears that there are several shortcomings that need to be addressed. One of these is for example the focus and manner of punishment of certain crimes. The focus of criminal justice appears to be on minority groups to an incongruous degree. Furthermore crimes of a lesser nature appears to draw sentences that are unnecessarily harsh. The problem with this kind of criminal justice system is that the attention of crime fighting and prevention are focused in the wrong areas, and thus crime that should be curbed is allowed to increase rather than decrease."
Abstract This paper looks at racial prejudice in the administration of juvenile justice from the point of view of who gets locked up, what happens once they?re in, and the built-in system cruelty. Incarceration statistics are included. A discussion of race as a factor in whether the juvenile offender receives mental health care and what actually goes on inside the juvenile justicesystem are topics addressed by this paper.
From the Paper "Juvenile Justice System (JJS) increased by 41%; but more disturbing is the fact that in that time period, delinquency cases involving blacks jumped 78% and cases involving other non-white youths skyrocketed by 94% (Lardiero, 1997). Another key fact illustrating the institutional bias against minority kids is found in a 1987 study (by the National Council of Juvenile and Family Court Judges) of ethnicity in much-preferable private JJS facilities vs. generally miserable public JJS facilities: 35% of private inmates were minorities and 65% were white."
Abstract This paper looks at the Americanjusticesystem with emphasis on death row. The author defines what death row is and what life for prisoners sentenced to the death sentence is like. Included are interviews with people on death row.
From the Paper "America stands alone in the western world as the only so-called "Free" country that still executes its own citizens. America's justice system in particular is inherently biased, usually racially, always monetarily ? if you have the money to pay for a good criminal lawyer, and all the appeals, chances are you won?t get the death penalty. The one thing these people all have in common is lack of funds, and without the ability to work while on Death Row, these people have no option but to just sit and wait for the inevitable to occur. The people on death row are not all "Ax murderers" or ?Serial rapists,? a disturbing number of them may actually be innocent of the crimes for which they?ve been sentenced to be executed. Our anthology will be based upon writings from within the cell walls of prisons across the United States of America. Each writing comes from a person who is imprisoned for life. Many of these people have received the death penalty and are just wasting their life away on death row. Each individual has been in prison for years and is still paying for the crimes in which he or she has committed."
Abstract This paper surveys the effect of corrupt judges on the public's perception of the legal system. It discusses the crucial role trust plays in the Americanjusticesystem and how corrupt judges attack this sense of trust. The paper cites specific examples to qualify points made.
From the Paper "It is probable that the public perceives corrupt judges to be more widespread throughout the legal system than they actually are. But while the public might be wrong about the number of corrupt judges they are probably not wrong about the ..."
Tags: corrupt judges, operation greylord, criminal justicesystem, legal system
Abstract Lawmakers are striving on a daily basis to establish strict laws for the punishment of juvenile offenders, despite beliefs that the American judicial system shows favoritism to the criminal. This paper examines how the American judicial system does not favor the criminal and states that the system is continuing its efforts to allow the imprisonment of offenders of all ages, as well as impose harsh punishments on those who commit drug and violent crimes.
From the Paper "According to Butterfield (1996), as crime in America appears to be on the decline, reports from law enforcement officials indicate violent crimes are expected to rise. In the opinion of many American citizens, the American judicial system treats criminals as victims indicating favoritism towards the criminal. According to Reidinger (1996), the American judicial system has taken an attitude that "perpetrators not only deserve blame but are worthy of it, in the fullest, most human sense of the word" (p. 98). In actuality, the American judicial system imposes strict penalties in the majority of criminal defense cases in this country, despite the Americans' belief that it favors the criminal. Youthful Offenders Due to an increase in crime in the United States, the general public holds a mistaken notion of leniency toward our youthful offenders. As an example, underage students on college campuses continue consuming alcohol at alarming rates; yet the majority of colleges fine students rather than pressing charges and allowing them to face legal punishment. In a recent article entitled Murder at an Early Age, Adler (1998) advises that psychologists maintain the theory that a young child who commits a cold-blooded rape and murder cannot tell the difference between fantasy and reality leaving the impression to the general public that the child has gotten away with murder. In his article, Adler (1998) reports that according to the Justice Department, all states may now charge juveniles as adults. This gives judges and prosecutors the power to file major youth felony cases in adult courts."
Abstract The paper proposes the perfect criminal justicesystem, one that focuses on networking and collaboration among policing agencies, communities, legal representatives and those accused of or prosecuted for criminal activity. The paper states that the perfect criminal justicesystem will also concentrate on rehabilitative measures for criminals incarcerated younger than age 40, as research suggests that individuals receiving counseling are less likely to become repeat offenders than those who are simply punished and then released. The paper concludes that the perfect system is not a system that focuses on hostility or punishment for non-malevolent crimes; rather one where communities actively collaborate with legal authorities to build better communities and social networks.
Outline:
Introduction
The System Theory
Reform and Community Collaboration in the Perfect System Conclusion
From the Paper "The perfect criminal justice system begins with theory. The theories underlying the perfect system should rely on positive reinforcement and authentic repentance and reform among criminals (Goold, 2004). This system is modeled somewhat after the idealized Japanese policy system, where the policeman encourages during the initial point of contact, or interrogation, the offender to fell "tearful relief" as like "a child when confession of wrongdoing to his parents results in a gentle laugh and warm hug" (Goold, 2004, p.14). Typically the American criminal justice system has focused on retaliation and retribution; this opposes the system introduced here, where policemen should focus on being known for warm, supportive yet just and effective care, not simple strictness (Johnson, 2003) which is more likely to lead to less reform and increasing crime."
Abstract This paper explores the criminal justicesystem in Argentina. It looks at the historical development of the criminal justicesystem and examines the series of transformations of the criminal justicesystem over the decades, resulting in corruption, military uprisings, injustice and a culture of impunity. The paper looks at the junta and human rights oppression and violence.
From the Paper "The criminal justice system in Argentina like Argentina itself has endured a series of transformations overhauls purges and coups. At present it is impossible to evaluate Argentina's criminal justice system without simultaneously plumbing the murky depths of ..."
Tags: criminal justice, argentina, junta, dictatorship, due process
Abstract This paper surveys the way negative race perceptions affect minorities in the criminal justicesystem in the United States, a system administered almost exclusively by white to protect whites. It discusses the issue of racial profiling. The lack of opportunity for racial and ethnic minorities to work in the criminal justicesystem are explored. The author argues for a more culturally diverse law enforcement system to ensure the fair treatment of minorities.
From the Paper "The National Association for the Advancement of Colored People (NAACP) argues that racial inequities in the criminal justice system arise because the system is administered almost exclusively by whites and ..."
Abstract This paper reviews the evolution of the criminal justicesystem in the last ten years in light of technological advances such as DNA gathering at crime scenes. It discusses the national response to such technology whilst addressing many social as well as legal implications.
From the Paper "Advances in evidentiary technology have in the past ten years revolutionized the criminal justice system in the United States and to some extent the world. The process of integrating DNA technology into the criminal justice system has been laborious and time ..."
Tags: criminal justice, United States, forensics, DNA testing, CODIS, crime scene investigation, evidentiary technology
