Abstract The paper contends that any solution that hopes to revise the American criminaljusticesystem must address five issues. The paper details these issues: A lack of racial parity in criminaljustice, 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."
Tags:criminaljusticesystem, crime and punishment, recidivism, racial profiling, selective policing
Abstract This paper looks at the problems in the youth criminaljusticesystem. 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 The paper proposes the perfect criminaljusticesystem, 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 criminaljusticesystem 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 criminaljusticesystem in Argentina. It looks at the historical development of the criminaljusticesystem and examines the series of transformations of the criminaljusticesystem 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:criminaljustice, argentina, junta, dictatorship, due process
Abstract This paper surveys the way negative race perceptions affect minorities in the criminaljusticesystem 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 criminaljusticesystem 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 criminaljusticesystem 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:criminaljustice, United States, forensics, DNA testing, CODIS, crime scene investigation, evidentiary technology
Abstract This research is an investigation into the way DNA technology has affected America's criminaljusticesystem by detailing its uses, as well as the challenges that still lay ahead. Utilizing secondary resources, including the testimonies of several experts in the field such as the director of the Virginia Division of Forensic Science, the executive director of the National Commission on the Future of DNA Evidence and the assistant director for the Laboratory Division of the Federal Bureau of Investigation, as well as published resources from other experts, the author of the paper attempts to answer the question of how DNA has impacted America's criminaljusticesystem.
Preface Statement
Statement of the Problem
Background
Overview of DNA
DNA as an Investigative Tool
Inception of the National DNA Index
Literature Review
Research Methodology
Anticipated Results and Conclusions
From the Paper "DNA is organized as two complementary strands that are linked together with bonds that can be separated. Each strand of DNA is a chemically linked chain of nucleotides, which are made up of a sugar, a phosphate and one of four kinds of nucleobases, often simply referred to as bases. These bases are: adenine, thymine, guanine, and cytosine, abbreviated as A, T, C, and G. Furthermore, these bases only pair up properly with one other base, A with T, C with G, and vice versa, on their complementary strand ("DNA")."
Abstract In this article the author examines the roots of the criminaljusticesystem, highlighting the civil rights movement as synonymous with the African-American and Hispanic freedom struggles .He discusses the vision of the United States held by most Americans as a democratic and egalitarian nation which sets the framework for the civil rights struggle and the modern day criminaljusticesystem.
From the Paper "While it definitely cannot be said that the United States has achieved complete equality in employment, education, voting, and housing, we persist to make slow but steady progress towards that goal. Nevertheless, in one critical arena criminal justice racial inequality appears to be growing, not receding. America's criminal laws, while facially neutral, are too often enforced in a biased manner. Certainly, the injustices of the criminal justice system intimidate to render immaterial fifty years of hard-fought civil rights progress in other areas."
Tags: punishment, judicial, criminal, discrimination, crimes, capital
Abstract The paper contends that the criminaljusticesystem in the United States, despite incredible investments of time and money, has ultimately turned into a failure. This paper charts some of the major failures of the criminaljusticesystem, including racism, ideological changes, prosecutorial abuse, legislative interference, erosion of Constitutional rights and inhumane treatment.
From the Paper "Fifteen years ago, some social critics envisioned that the American justice system would have undergone a fundamental ideological shift by this time, a movement away from punishing criminals for crimes and towards reconciling conflicts between various parties (Stephens, 1989). This position recognized that the adversarial basis for the American justice system was ultimately flawed and fails to account for the complicity or responsibility that might exist across the lines of prosecution and defense. Stephens (1989) argued that the court system in the United States is far too impersonal and ineffective at preventing the future occurrence of crime."
Abstract This paper addresses the issue that it is believed that there is no racism in the criminaljusticesystem. This is a debate paper taking the opposing side of the issue. As evidence the paper offers research regarding the juvenile justicesystem, the drug arrests in the United States, the death penalty, and the rate of juvenile transfers to adult court.
From the Paper "The theory exists that the United States criminal justice system is one in which offenders can be tried with absolute impartiality in regard to race. Most Americans attest that the strength of our laws will protect each individual, and that racial discrimination in the courts and jails is a thing of the past. However, this concern within our criminal justice system does exist, and it begins when juveniles are tried in criminal courts as adults. Juveniles A current legislative battle exists with regard to juveniles who are tried and convicted as adults in the United States (Males & Macallair, 2005, p.1). This issue has gained in importance throughout the criminal justice system because while this legislation has a direct affect on minors, it also has created a surge of discriminatory practices within the courts, (Males & Macallair, 2005, p.1)."
Abstract This paper answers questions about crime and the criminaljusticesystem. This paper also discusses the effects on social policy, different ways of administering the law, the social cost of arresting someone who is not convicted, elements of being an accomplice and being an accessory after the fact, and questions about racial and other types of profiling and their effectiveness.
From the Paper "The presumption of innocence is a central premise in the American criminal justice system, forcing the prosecution to prove its case beyond a reasonable doubt. This should also make the prosecution more cautious about bringing a charge and trying a case because there are social costs to arresting a person and not convicting him or her in court. The rate at which prosecutions succeed or fail differs from one jurisdiction to another. In federal court in 2002, the cases for 80,424 defendants were completed, and most (89%) defendants were convicted ("Federal Justice Statistics" "Adjudication"). State statistics for large districts show similar results with a conviction rate of 85% ("Prosecution Statistics" "State Court Prosecutors in Large Districts")."
Abstract This paper discusses the history of the criminaljusticesystem in the civilized world and in the United States in particular. It then looks at the evolution of the American criminaljusticesystem and discusses the challenges that the criminaljusticesystem has faced over time. Finally, the paper discusses what the future may hold for criminaljustice in the United States.
Table of Contents:
Introduction
The History of the CriminalJusticeSystem The CriminalJusticeSystem Comes to America
Modern Challenges to the CriminalJusticeSystem Conclusion
From the Paper "Yet another complicated issue for the American criminal justice system to sort out at the current time is the issue of justice for foreign terrorists. Because those who wage terror against the US are often not parts of organized, recognized military organizations, they are not prosecuted under international military justice, but are subject to the laws of the US. Herein, however, the controversy lies, as there are those legal experts who maintain that Constitutional protection only applies to American citizens, not those who are foreigners who have sought to kill American citizens and destroy the American homeland. What has happened recently is that American jails have become filled with suspected terrorists from abroad and to merely release them could spell disaster for America, but keeping them locked up for years on end without due process of law once again violates the rights that some feel these individuals are entitled to receive. As such, the crisis is clear, and will have to be resolved somehow in the future (Cook, 2001)."
Abstract This paper analyzes whether Black people are mistreated by the criminaljusticesystem in Canada and if they face discrimination from both the police and the courts. It discusses the failure of the criminaljusticesystem to provide appropriate services to people of minority groups. The paper specifically looks at the over-representation of black people in the criminaljusticesystem. It then attempts to analyze some of the reasons how and why Black citizens are targeted by the criminaljusticesystem.
Table of Contents:
Introduction
Background on Black Over-representation in the CriminalJusticeSystem Possible Reasons Behind The Black Over-representation Trend
Arguments Against CriminalJusticeSystem Racial Bias
Conclusion
From the Paper "It is difficult to know how to respond to racial prejudices in the criminal justice system, as the overrepresentation of black citizens is imbedded in socioeconomic factors which cannot be explained by discriminatory practices implicit in the criminal justice system. The most obvious solution to the problem is to have separate justice systems for people of Aboriginal descent, where most of the problems of racial discrimination in Canada lie. However, would not the existence of different courts of law for different ethnicities further encourage racial stratification in society? The solution is not an easy one, and much more research must be done on the topic before an answer is forthcoming. A number of factors must be explored before a solution is implemented, such as what the current statistics revolving around discrimination studies mean, the relationship between social and economic factors and the criminal justice system, and the impact of developing stratification between Aboriginal and non-Aboriginal citizens (La Prairie, 2004, p. 277). "
Abstract This paper discusses contemporary ethical issues in the criminaljusticesystem; from the municipal levels all the way up through the courts and the corrections system. The paper discusses how sometimes it is necessary to have intervention of the court in order to ensure that these ethical issues are addressed and that the civil rights of the public are not compromised.
Table of Contents:
Abstract
CriminalJustice Ethics
Areas of Ethical Concerns
Events Affecting CriminalJusticeSystem Admissible Confessions After Periods of Detainment
McNabb-Mallory Rule
Indigent Defense
Flawed Defense System Indigent Defense System Reform
Prosecutorial Misconduct
The Duke Lacrosse Team Case
Significance of Events
Impact of Improvements to the Indigent Defense System Impact of Prosecutorial Misconduct
Future of the CriminalJusticeSystem Technology in CriminalJustice Other Changes in the CriminalJustice Field
Civilian Oversight of Police Departments
Conclusion
From the Paper "All levels of the criminal justice system encounter difficult moral and ethical issues on a daily basis. Previous court decisions have set forth safeguards and guidelines determining what are considered ethical behavior. Additional question regarding the ethical behavior of criminal justice employees will continue to be an issue as technological advancements continued to be used in the profession for example. The safeguards that have been previously determined by the court system will continue to shape the ethical behavior by the criminal justice professionals that work within. Without these safeguards, criminal justice professionals would be able be free to engage in any behavior they wished to without the regard of ethics thus placing the public is at risk for being on the receipt of misconduct."
Abstract This research paper examines the criminaljusticesystem of China. It includes such elements as a brief identification of the geographic, historical, political and cultural nature of China. It also examines China's criminaljusticesystem, its development, organization and how it deals with crime. In addition, the paper also takes a look at China's criminaljusticesystem through a hypothetical setting, Jamal T. Kurk. Jamal's background is explored to assess what he did, and the charges brought against him. To conclude, the paper offers a solution to the United States Attorney to allow Kirk to be successfully arrested and extradited to the United States for arraignment. Several appendices, which contain relevant maps, tables, charts and pictures are included with this paper.
Outline:
Introduction
China's CriminalJusticeSystem Politics
Political Parties
History
Cultural Nature
Development
Organization
How China Deal with Crime
Legal Rights
Crime in China
Legal Age of Responsibility
Punishments
Sentencing Process
Types of Penalties
Prisons
Crime Statistics
Extradition Laws and Treaties
Hypothetical Scenario of Jamal T. Kurk
Counter-terrorism Efforts
Additional Challenges
Interpol
Red Notices
Recommendations
Conclusion
Appendices
From the Paper "In the past, there was no jurisprudential distinction between criminal and civil law. Civil disputes dealing with land and family matters were generally settled through mediation. In traditional China, the emperor was vested with judicial, executive, and legislative powers. The laws created by the emperor were binding on all of his subjects, but the same law did not bind the emperor. The emperor was the supreme judicial power, and as such, could modify the judgments given by lower judicial authorities, determine the guilt of accused individuals, and dictate the penal sentence."
