Category: American Criminal Justice System

Techniques In Forensic Science And Their Utility In The Criminal Justice System

‘Today we see enomorous changes being realized by science. The entire setting of life is changing .As a self evident actuality, glancing back at any rate 50 years with which I have been pretty much concerned and some of you additionally observe that huge changes have been realized mainly by science and innovation. This pace of progress is developing and I have almost certainly that an additional fifty years thus you will see considerably more noteworthy changes not simply in spaces inquires about yet something influencing human life so as to take part right now, should develop yourself in the science and innovation.’

The idea of law is dynamic and not static, so the law likewise changes when society change. The law is the concrete of the general public and the legal executive has the duty of deciphering the law for the more prominent good. The use of science and innovation to the location and examination of wrongdoing and examination of wrongdoing and organization of equity isn’t new to India. Inspite of this numerous individuals don’t know from the way that science assumes a significant job in the recognizable proof of wrongdoing and hoodlums. The region of its activity is very wide and extensive .In its application to the organization of law, it is known as ‘Legal Science’. Prior it was criminological medication, which previously went to the field of the science in all things considered as clinical man’s supposition has been looked for all through the ages to discover the reason for death of an individual both if there should arise an occurrence of regular or of unnatural demise.

The region of legal science is changing quick by the new advancements and techniques. These days utilization of DNA tests, superior fluid chromatography, mass spectrometry, 3-D PC imaging, and other advanced advances are utilized by researchers to remake the offense and the accident. The advanced scientific science can separate follow component and natural materials down to the degree of simply two or three hundred molecules.

Given the affectability of the instruments, legal researchers require clinging to thorough systems and models to verify that their result are legitimate and trustworthy and can withstand investigation in the official courtrooms and the network. The ongoing legal sciences can encourage to uncover disguised offense, convict the liable and vindicate the guiltless on the off chance that it practices with care. At present, multifaceted science assumes a significant job in perceiving sufferers of offense, incident, disaster, and battle which gives confirmation, end, and powerful help for dispossessed’s survivors.

The quality of our criminal equity framework is the mindful search for the real world. Our system of request, rules of criminal technique and investigative method are generally intended to verify that the mindful are rebuffed while the guiltless are secured. Be that as it may, while our own is a framework to be valued, it’s anything but a perfect framework, and those accused of the organization of equity have an obligation to look for its proceeded with progress.

Science and law, two particular callings have increasingly more become mixed together, for ensuring a reasonable technique and to see that equity is finished. These days the legitimate framework needs to agreement with new logical evidence on numerous occasions, which has presented significant difficulties for the law. At essential level, a large number of these difficulties happen from key contrasts between the logical and legitimate strategy. The pickles are plainly obvious. On one hand, logical verification holds out the charming possibility of immensely exact certainty finding and a reduction in the uncertainty that every now and again goes with lawful dynamic. At the same time, logical procedures regularly contain dangers of uncertainty which the lawful framework is reluctant to bear.

Furthermore, at each occasion, logical evidence assessment of the capacity of judges and legal counselors, every one of whom may come up short on the logical capability to comprehend the verification and assess it in a casual way. Legal advisors must put forth attempts to comprehend the trouble of logical examination and articulations on the off chance that they are to completely grasp testing strategies and results, and their effect in the legitimate field. One present day advancement in established researchers that has had a generous and practically entrancing effect on the legitimate calling is the improvement of falsehood recognition and Narco-Analysis in criminal cases.

Generally, criminological science is the use of science to discover the appropriate response which required by the legitimate framework. These answers may identify with common or criminal activities. At present it is additionally particularly related with logical field. Legal science which is utilized to respond to criminal inquiry furnishes answer however the examination with, controlled substance, organic confirmation a guns that might be found at the site of the offense. In Addition to this, with the assistance of follow evidence and impression verification like fingerprints, tire tracks and footwear impressions and all other confirmation that might be found in a scene of offense, the necessary responses for criminal assessment can be found with the assistance criminological science.

The confirmation found on the site of the offense is for the most part delivered in the wrongdoing research facility and it is this part of measurable science that is utilized in the media and appeared in fiction stories and projects. Other than this, criminological science has different orders. It is utilized for settling debates as in measurable bookkeeping which is the investigation and comprehension of bookkeeping proof. At the point when one talks about scientific financial matters, it identifies with the part of measurable science which contemplates monetary harm that prompts the passing of a business, family administrations or business profits.

In measurable building, one would have the option to discover the reason for the disappointment of a gadget or structure. Then again, measurable human sciences is a part of scientific science which helps in the acknowledgment and recuperation of any skeletonized human remains. At the point when the lawful framework needs etymological skill, criminological semantic is for the most part depended on. Odontology is the part of criminological science which manages the investigation of teeth.

An extra part of scientific science is legal photography, in which the precise multiplication of a wrongdoing scene to be introduced to a courtroom is included. Criminological brain research and psychiatry are mulled over by the courtroom for giving human conduct in legitimate issue. Legal science in which the impact of medications and toxin on an individual is managed is known as toxicology.

In the field of entomology, one discovers the result of creepy crawlies found in, close by human stays with the assistance of this, it is plausible to discover the area of death and time of death and if the body was moved after death, the area of spot. So it very well may be seen that criminological science assumes a compelling job in fathoming the confounded and unsolved cases.

From the days of yore wrongdoing has been a piece of human culture. The necessity of law and different sorts of enactments was felt when wrongdoing began the very presence of the human culture. There are different sorts of laws and guideline which battle against the wrongdoings in the general public. Wrongdoing is both social and monetary wonder, by which entire human culture gets bothered. The idea of the wrongdoing has been additionally changing and expanding with the development and advancement of the general public. By and by, the watchman of law took the assistance from numerous strategies and progression of science for battling against wrongdoing. Numerous headway have occurred in the field of measurable science which has been invited in the criminal examination. Some of such progressions are examined beneath in short. In any case, any inconsistencies that may have sneaked in are regretted.

It tends to be said that wrongdoing was available from days of yore. Similarly, the examination and identification of wrongdoing is additionally very old. With the progression of science and innovation, the hoodlums have received new strategies and methods for perpetrating offense, however science likewise helped the researching experts in their endeavors to discover the crooks or genuine offenders .The Forensic Science is one of cutting edge systems utilized in perceiving violations and lawbreakers .It is extremely testing, beguiling, dynamic, and leaving science. The use of advance science which grasps all foundation like Chemistry, Ballistic, photography, Physics, Brain Fingerprinting, Toxicology, Narcotics, DNA Profiling, Narco-Analysis, Biology, and so forth in criminal law is usually comprehended as the measurable science in the field of law.

Overview Of Criminal Justice System And Explaining Imprisonment

The purpose of this essay is to explore the criminal justice system and its operations as well as dissect a chosen agency from within the CJS, considering the many thriving, hopeful developments that have been made in this field as well as the scrutiny of some decisions made and thus discussing where clear areas of improvement may lie. The agency chosen is imprisonment, this process sees a gap in research, proving many positives right as well as leaving much room for further development.

The penal system can be broadly described as a system that delivers official punishment to those who have broken the law. The penal system exists primarily to punish those found guilty of crimes and is part of a larger entity known as the criminal justice system. The criminal justice system can be seen as a regulated body which responds officially to all commissions of offences (Cavadino, et al., 2013).

The criminal justice system is comprised of many different legal and legislative bodies, which all stem from the body responsible for the passing and repeal of law as well as the scrutiny of government proposals where deemed necessary, this body is known as Parliament. Within Parliament there are two houses, the House of Commons and the House of Lords which both see the discussion of proposals and activities in relation to crime and criminal justice. Dissecting the broad term of government, shows us that there are three main government departments that are relevant when it comes to crime and justice. The Home Office is a significant department, holding much responsibility when it comes to the police, prisons and probation. The Minister of Justice was appointed in May 2007 and this role sees the responsibility of the Magistrates Courts, Crown Courts, Appeal Courts and the Legal Services Commission. The Attorney General is the final significant contribute to governmental processes and they are seen as the chief legal adviser to the government and as someone who oversees all branching responsibility of the Solicitors Department (Newburn, 2017).

(Hucklesby & Wahidin, 2009) believe that the criminal justice system in Northern Ireland is presented as a dual system of criminal justice, one system dealing with ‘ordinary’ criminality and the other system dealing with those offences deemed as terrorist by the State however, it is believed that both systems had political motivation which stemmed from the Catholic community in Northern Ireland. The signing of the Good Friday Agreement 1998 seen the reform of much of the criminal justice system and despite Northern Ireland making slow progress in relation to the peace process, this was a major influencing factor in pushing NI to reach peace. Following the signing of the Good Friday Agreement, NI became a region of devolved administration within the UK with much power being transferred to the Northern Ireland Assembly.

Delving into the work of the criminal justice system and studying the many specific agencies involved, shows us both the development and progress as well as the mistakes and failings of crime and criminal justice through imprisonment. Through identifying the mistakes and failings of imprisonment, shows us that without mistakes and failings, improvements and developments could not have been made and that is why both the positive aspects of the system and the not so positive, are both vitally important.

There are six distinctive aims of imprisonment which are used by authorities when imposing a sentence of imprisonment. Rehabilitation is one aim and this aim implies that prisons should allow offenders to develop skills to aid reintegration into society. (Hale, et al., 2009) found that there has been much development of rehabilitation through programmes in prisons in recent years to address ‘criminogenic needs’ of prisoners. Under the ‘Making Prisons Work’ programme introduced by the Government, there has been much positive development in relation to drug use and violence as well as education and training programmes and despite critics arguing that the primary purpose of imprisonment militates against rehabilitation, the programme has thought to have been successful. (Joyce, 2006) found that while there was much opportunity for rehabilitation, it was at the discretion of the offender whether or not they availed themselves of the services, with reform being primarily subject to the offender’s determination, it was very much so a personal decision.

Looking back on past centuries, it is important to recognise the major changes that have occurred. The 1960’s seen a security crisis and the official response to the security crisis had a detrimental effect on the prison system ever since. It is important to note that during this period of time, security was not seen as a priority by authorities and many high-risk prisoners escaped which seen the Prison Service catapult security to the top of their agenda. Inquiries took place investigating the escape of two of the prisoners and as a result, The Home Office 1995 introduced two policy changes, the introduction of the security classification for prisoners and prisons and the introduction of a dispersal policy, which both still stand today. This shows that despite many mistakes in previous centuries, it has strengthened the criminal justice system in the long run by implementing policies which are still vital in the criminal justice system today. Following on from the 1960’s, The May Report 1979 seen the reduced faith in the rehabilitation welfare approach as well as continued prison overcrowding. Progressing through the centuries, the 1980’s seen the prison population continue to grow and major disturbances take place. While it seems throughout these centuries, the prison service was all negative, there was much positive taken from it. The May Report seen a massive building and refurbishment programme starting at £1.3 million and the 1980’s seen the government introduce alternative means of limiting prison population such as bail schemes, time limits for cases being brought to trial and increased provision of community sentences.

There is often a highlight reel placed on the range of issues raising concerns when it comes to prisons. Public concern is a major issue, with those taking a stand protesting the cost of prisons are far too high, with one night in prison totalling £158. The management of prisons came into question after the death of Colin Bell. Colin died due to staff lying in bed and watching tv on shift rather than keeping a close high on vulnerable prisoners. There was an increased concern in relation to the rates of mental health, self-harm and suicide and this was all primarily put down to the overcrowding of prisoners and the lack of prisoner officers and staff members. In September 2016-2017 there was a total of 42,837 self-injury incidents and 295 deaths, statistics that are far too high. The problem that arose when authorities attempted to act on these problems was outlined by the Prison Review Team 2011 whereby, they stated ‘politicians literally cannot afford to stand over a system which is wasteful of public money and fails to deliver a safer society’. The same report set out much scope for improvement among prisons and their developing staff as a result of their public view of the current conditions of much of our prisons. New proposals included agreeing more flexible and efficient working practices to replace practices and agreements that have accrued over time and the need to address over-staffing and anomalies in general management and support roles.

As part of the research carried out, a report was found whereby an ex prisoner was asked a variety of questions about his time inside the prisoner. The former prisoner Dr Andy Aresti, now a lecturer at the University of Westminster was interviewed and give honest responses about his time inside. One question asked read ‘I would now like to turn attention to your experiences of studying in higher education. I believe you started an access course while you were in prison, was the prison administration supportive in your ambitions?’ to which Dr Aresti responded ‘It was, definitely. I remember a few staff who were really supportive. They helped me with the application and the funding. The staff were generally always positive, trying to help you reintegrate and help you to shift from being involved in crime to getting a job’. (Dr Sacha Darke, 2015). This shows that there is good in prisons, despite the mass media portraying prisons as negative a lot of the time and that with extensive research, it is easy to see that there has been much positive progression within the system of imprisonment while the media and the internet often only portray the bad.

In conclusion, there is much stigma attached to prisons and their failings however, the many improvements that have been made and the positives that have been taken from the mistakes made, majorly outweigh the wrongdoings of the prison service and it is important to recognise this. Within the last two years, the number of prison officers increased by 23%, as well as receiving a 2.2% pay rise in 2019/20 (Institute For Government , 2019). This shows the continuous hard work of authorities in bettering the prison service, which is something that should be recognised.

Factors Influencing Criminal Justice Personnel Behavior

Discretion still today stands as our liberty to choose by what means a situation ought to be handled inside our criminal justice system. Discretion as we know it should give some sort of check and balance within the criminal justice system. The law has been pinned out precise and plainly as to what crime is and its penalties. When one look at the discretionary nature of the matter even though the move on control is one of their rewards, you would have to also consider the misuse of that discretion because it has the ability to truly destabilize the purposes of the law giving and harm community self-confidence in policing. The Thomson Reuters (2011)

For sure there is an importants that should be implemented so that the discretion can be accurately accomplished in relations of being sensible, authentic, honorable and reliable. This managing will only come about with sufficient preparation, strong rules and national consciousness. Some of the chief apprehensions of these public groups were upon the overview and delayed geographic development of the move on controls which was their possible opposing influence on a number of deprived groups like that of young people, homelessness and indigeneity people. It was through the reviewing that supported those concerns. It is a fact that young people and indigeneity people are expressively more likely to experience being moved on than any other group. The Thomson Reuters (2011)

We can also see signs that would support a plea to re emphasis the necessity to use casual methods to sidetrack people from the justice system, mainly in the setting of policing adolescents. Even though we contemplate that the police ought to maintain the move on controls, there is the concern by some of those conclusions and the absence of suitable direction providing operating police for the use of the move on controls, specifically in the exercising of discretion. There are a number of recommended operational changes and operational changes that would address some of those concerns. Of course there is a need to make known more rules on how police ought to exercise discretion, confirming the authentic space for discretion, in a variety of regions. Yes, in doing so this would simplify the steady or equal treatment of people and so improve a sense of justice, and apparent lawfulness of the police. The Thomson Reuters (2011)

The structure of a civilian oversight body certainly should model the needs of the community. But for that to succeed, civilian oversight should be approached as a partnership. It should focus not only on the agenda of the community, or politicians, or of law enforcement and its unions, or of activist groups. Such a partnership, within a structure of independence, would establish an impartiality that would garner greater respect and legitimacy from each group so that recommendations for reforms are not viewed as biased. The ‘Civilian Oversight’s Important Role in Police Reform – Governing (2016)

The argument in this paper will cover what role does a citizen misunderstanding group require in guaranteeing authoritative powers are not mistreated as it applies to (policies, procedures, liability, economic factors, and discretion)? Something can be done to help remove the pervasive ‘us-versus-them’ approach within minority groups and foster a better police-community relationship that we need more than ever? One crucial part of the answer would be that of the citizen misunderstanding of law enforcements. Efforts to carry out or increase the influences of citizens misunderstanding typically encounter strong confrontation. The ‘Civilian Oversight’s Important Role in Police Reform – Governing (2016)

What role does a civilian oversight committee have in ensuring authoritative powers are not abused as it applies to

Policies

Oversight agencies can help increase the public’s understanding of law enforcement policies and procedures. Oversight agencies can improve department policies and procedures. Policy recommendations can prevent issues by identifying areas of concern and subsequently offering options to improve policing. The ‘What Are the Benefits of Police Oversight? – National “(2016)

Procedures

Oversight organizations can improve department guidelines and procedures. Procedure recommendations can avert matters by detecting areas of apprehension and then proposing alternatives to improving policing. The ‘What Are the Benefits of Police Oversight? – National ‘(2016)

Liability

Oversights can assistance in holding the police or sheriff’s department liable for officer’s actions. Oversight organizations can help a jurisdiction in accountability managing and decrease the probability of expensive lawsuit by recognizing difficulties and offering remedial actions before a claim is filed. The ‘What Are the Benefits of Police Oversight? – National “(2016)

Economic factors

Discretion

With all that has been shown here certainly has let us know that we have a right as a people to live free and be safe anywhere general population permit and not be afraid, not in our homes, on our jobs, this tells us that we don’t have to worry about our personal property being search without having the right to come in and do unnecessary searches, none of those things can be violated, unless they have explicit probable cause to do so. Now if probable cause is warranted, than and only then this would have to be follow up with community statements must be taken, the area in which the seize or investigation was being done must be clearly designate. The ‘What Are the Benefits of Police Oversight? – National “(2016)

No persons can be apprehended to answer for a capital, or otherwise disreputable crime, except on an act of presenting something, or the way in which something is presented in the court of law or to the grand jury. This is also good because there is no danger of any double jeopardy; involved meaning there’s no danger for the same offense twice simply putting it. The role of a civilian oversight committee has so many good things going for it, and at the same time one does not have to worry about unlawful cases where myself or anybody else would be eyewitness against, you won’t be allow to testify against your own self without due course of the law. Short of just recompense neither shall private belongings be earmarked for public use. The ‘What Are the Benefits Of Police Oversight? – National ‘(2016)

Conclusion

There is so much more to reveal about and determine about all the laws in Criminal Justice. Ethics is the very essence when it comes down to the perilous areas of the criminal justice system because the police are more than ever under constant assessment. We do know that sociological and mental failure can have a moral influence and dishonest actions. Dishonest actions do bring about calculating decision-making practices to misuse one’s authority despite the fact that you are standing in the trust of people. And yet it all cannot be blamed on the police because there are those who break the law who has to take accountability for what they are doing and how they do, so it is the taking into consideration the force that the public plays in how we defend, and give reason for those bad behaviors.

No doubt there have been some ethical morals that have been learned in criminal justice since the killing of Philandro Castile, and Alton Sterling, along with others during the year of 2016 incidents. There is differently a need for ethical problems to be dealt with Whereas qualitative and ethical literature are imperative to our knowledge of morals in criminal justice, there is also a demand for further research of a quantifiable nature. With more research of morals and moral problems faced by police, the influence to better comprehend the changing aspects that force a police officer into the dark side of policing and the causes that serve to excuse misbehavior.

It is beneficial to take into consideration the key domains that affect community trust and self-reliance in the criminal justice system, when it comes to the influencing of the criminal justice personnel behavior. Let me point out three things that should always be taken into account. Behavior and practices of the criminal justice system, you then have the changing of morals and expect standards of the society to help aid the system. Then you have the pictures of the system that would be accessible because there in an electronic media. It is the understanding that each of these areas can impact each one. The only way all three of those things will work there has to be an aligning of those three things to take place. There must be a creating of a more decent, democratic practice and standards. In bringing this about it would advocate that fairness has to shape trust in the criminal justice system which will also build trust that will shape conformity with the law. Fair is to be effective and being effective is to be necessary to be fair.

Reference

1. Civilian Oversight’s Important Role in Police Reform – Governing (2016) Retrieved from https://www.governing.com gov-institute voices col-civilian-oversight
2. Thomson Reuters, (2011) Understanding discretion in modern policing – Thomson Reuters. Retrieved from http://Thomson Reuters au sites journals files 2011/12 Criminal…
3. What are the benefits of police oversight? – National (2016) Retrieved from http://Search Results Web results National Association for Civilian Oversight of Law Enforcement ben…

Injustice in The New York City Criminal Justice System: Analysis of Broken Windows Policing and New York City Criminal Court

Introduction

Racial inequality in the New York City Criminal Courts, only exacerbates and help metastasize the mass incarceration epidemic in the United States. Instead of protecting the rights of the accused, New York City Criminal Court is an institution of injustice, marked by assembly justice, a lack of due process and racial bias. One of the topics discussed is how “Stop and Frisk” has also played a key role; It have made a negative impact in our society based on the inflation of the incarceration rate.

Crime rates will continue to increase because felons have restricted rights and minimum resources. This will continue to cause civil unrest between minorities living in poverty. During my research the following question came to mind; Do racial disparities play a part in the New York City Criminal Courts system? Is this the cause of recidivism in New York City communities?

Background

New York City Criminal Court has preliminary jurisdiction over all arrests made in New York City’s five boroughs (Barry and Lindsay, 2016). It has trial jurisdiction over misdemeanor, and petty offenses where the defendant faces less than one year in jail if convicted. Petty offenses include: misdemeanors, violations, infractions and DAT (Desk Appearance Ticket) arraignments. Although New York City Criminal Court has Preliminary Jurisdiction a district attorney can motion for a case to seek an indictment before a grand jury (Barry and Lindsey,2016).

If successful, the case is transferred to Supreme Court. In New York City’s Criminal Court; there are 107 appointed judges assigned to the Criminal Term of the Supreme Court that handle felony cases (Barry and Lindsay, 2016). In 2015, New York City Criminal Court processed a total of 1,040,446 cases (Barry and Lindsay,2016). However, only 315,760 cases were brought to final disposition and 1,143 trials commenced (Barry and Lindsay, 2016).

Broken Windows Policing and New York City Criminal Court

Broken windows policing: is a strategy of policing practiced since the mid-1990’s, whereby quality of life crimes are vigorously prosecuted by NYPD and the Court. This policy in recent years have shown to be problematic. Mayor Giuliani advocated for reclaiming the public spaces of New York and zero tolerance on low level offenses (Zeidman, 2015). Black and Hispanic are more inclined to be racially profiled than any other race (Zeidman, 2015). With heavy policing on quality of life crimes such as; panhandling, public urination, and drinking in public misdemeanor offenses have soared.

A 2014 report by John Jay College of Criminal Justice revealed that broken windows policing led to a 200% increase in misdemeanor arrests since 1980 (Chauhan, Fera, Welsh, Balazon, & Misshula, 2014). Alarmingly, felony arrests such as murder had a lower rate of 46.9 % (Chauhan et al., 2014). From 1980 to 2013 misdemeanor arrests proliferated through time, however declined in 2010 significantly by a small margin (Gothamist, 2014). Desk Appearance Tickets were used to apprehend and charge an individual with misdemeanors in which NYPD Commissioner Bratton solely depended on (Gothamist, 2014).

The Police Reform Organizing Project surveyed 191 misdemeanor cases in Brooklyn, Manhattan, and Queens. The longest case observed lasted 10 minutes and 37 seconds whereas the shortest case lasted on 7 seconds (Gothamist, 2014).

Stop and Frisk

Stop and Frisk: is an investigatory stop commenced by a police officer based on reasonable suspicion (Zeidman, 2013). During this procedure; police officers are authorized to search or frisk an individual if there is reason to believe there is a weapon in possession (Zeidman, 2013). Nonetheless, an act of a warrantless arrest; this is often practiced as a form of interrogation (Zeidman, 2013). With a heighten presence in police patrol, African Americans are often targeted in poor minority neighborhoods. Young minorities feel humiliated from the experience and do not support the intrusive policy (Zeidman, 2016). On the contrary, police officers are contentious and want to supersede probable cause strictures (Zeidman, 2016).

Methodology

Not all research requires the collection of new data. Sometimes researchers use existing data sources, such as research and data collected by others. Data most widely used by researchers is gathered by government agencies such as the U.S. Census Bureau, State Agencies and local units of governments. This paper draws on the small body of scholarly literature on New York City Criminal Court. For purposes of this preliminary research assignment an extensive review was conducted.

Specifically, it uses information from law review and journal articles to inform its findings. In addition, it is based on primary data collected during 90 minutes of courtroom observation conducted on conducted on October 7th 2016, at the Criminal Court located in Brooklyn, NY. During courtroom observation, data regarding defendants’ approximate age, race, the offense and disposition were collected on 8 cases.

Collateral Consequences

Stop and Frisk have been used as a crutch to charge the defendant with a low-level offense to use as a way to seek charges on more serious felonious crimes. This cause and effect has Collateral consequences in the long run. Collateral consequences are laws and policies that restrict prior felons from adjusting to the norms of society. These laws and policies can impede the individual social structure and economic advancement. When the “War on Drugs” was implemented (Pinard 2010, p.1214) in 1980, it led to record numbers of incarceration. Once a felon is paroled back into society he is admitted into a reentry program, however resources are limited. These resources do not include obtaining employment – related licenses or federal welfare benefits (Pinard 2010, p.1214). African American men with prior felonies are on the same scale as former slaves.

Prior offenders are also barred from jury service, military service, and voting disenfranchisement (Pinard 2010, p.1214). If an individual cannot vote, receive benefits, education, or a job then history is destined to repeat itself. This will only fuel an ex- felon to repeat offend. Pinard (2010) compares this to “civil death” a phenomenon that occurred in England during the colonial period (p.1214). The United States borrowed this form of punishment until the 1960’s (Pinard 2010, p.1216). In the twentieth century, the rehabilitation model was created to reform criminal behavior. It was believed that this model can transform an individual to live a productive life as a law –abiding citizen (Pinard 2010, 1216). When the Rehabilitation Era ended in 1970 (Pinard 2010) there was an increase of incarceration rates from 1980 to 2005. This dilemma occurred once the “tough on crime movement emerged (p.1217-1218).

Federal Legislation wanted to reduce recidivism by improving reentry programs and provide employment opportunities (Pinard 2010 p. 1219). Many legal organizations recognized how this invisible system needed to be reformed. In the criminal justice system, collateral consequences are considered as civil penalties not criminal (Pinard 2010, p. 1215). The American Bar Association revealed that collateral consequences effected juveniles the same way as adult offenders. The Juvenile Collateral Consequences Project; created by The American Bar

Association obtained these results of collateral consequences to the juvenile adjudications throughout the U.S. (Pinard 2010, p.1221). In 2006, The New York State Bar Association’s Special Committee on Collateral Consequences of Criminal Proceedings recommended that judges, prosecutors, and attorneys be provided training on collateral consequences.

They believe the defendant should be made aware of these consequences before sentencing or legal proceedings such as plea deals or guilty pleas are issued (Pinard 2010, p.1221). The American Bar Association suggest that under certain circumstances the judge should use their discretion where deem appropriate (Pinard 2010, p.1221). They believe criminal conduct should be taken in careful consideration and judgment should be tailored to the offender before a verdict is made (Pinard 2010, p.1223). This act came into law in 2009 and is known today as the Uniform Collateral Consequences of Conviction Act (Pinard 2010, p.1222). Legislatives created this law to ensure the individual gains a better perspective and relief from legal disabilities.

Pinard (2010) argues that the criminal justice system has enough power or can “bend a little” by granting some leniency towards an individual with a criminal record. If given this opportunity prior felons could live productively (p.1224). Pinard (2010) concluded that the criminal justice system should be held in accountable for the impact that reentry issues has on felons who are trying to adjust back into society. Not only is the individual affected but their families and communities are impacted as well (p.1224). If reentry can be reformed it would give the individual a better outlook on life and become a productive member of society (Pinard 2010, p.1224).

Lack of Due Process

Only .0006% of defendant cases are granted due process and have their cases heard before a judge (Zeidman, pg. 3). Defendants are left without proper council and do not understand the charges they are being held accountable for (Zeidman, pg.3). The Police Reform Organizing Project surveyed 191 misdemeanor cases in Brooklyn, Manhattan, and Queens. The longest case observed lasted 10 minutes and 37 seconds whereas the shortest case lasted only 7 seconds (Gothamist, 2014). New York City Criminal Court illustrates the kind of assembly line justice that criminal law scholars refer to as, “meet ‘em, greet ‘em and plead ‘em” (Zeidman, 2015, p. 3).

Racial Disparities

Research shows that incarceration has a more negative impact against African American men than Caucasian men. Since poor urban neighborhoods are targeted; it creates a disadvantage for young black men (Freeman 1996; Irwin and Austin 1997). Evidence shows incarceration is linked to low wages, unemployment, family instability, recidivism, and restrictions on political and social rights (Western, Kling and Weiman 2000; Hagan and Dinovitzer 1999; Sampson and Laub 1993; Uggen and Manza 2002; Hirsch et al. 2002).

With very little resources this puts minorities more at risk to commit a crime and hence maintain the ongoing cycle of recidivism. Racial disparity in imprisonment is attributed to high black crime rates for imprisonable offenses (Tonry 1995, 79). According to a panel study called NLSY it indicates that black men with low education increased state prison population from 1974-1997. Since Hispanics and Blacks share a large quantity of the prison population, White men incarcerated in prison continues to decline (Pettit, Becky; Western, Bruce 2004). The NLSY chart shows that incarceration rates in prison, decreased between minorities with a higher education than minorities without any education.

The percentage of minorities incarcerated doubled from 1974 and 1999 (Pettit, Becky; Western, Bruce 2004). In 2001, the imprisonment rate surpassed the historic average of 100 per 100,000 to 472 per 100,000 of the resident population study shows (Pettit, Becky; Western, Bruce 2004). Large populations of drug related crime offenders are inadvertently responsible for the U.S. prison boom. With strict drug control polices enforced; a widespread of street sweeps, undercover operations, and aggressive policing increased the rates of arrest (Pettit, Becky; Western, Bruce 2004). Criminal sociologists argued that incarceration can also have a life changing effect on minorities’ perspectives. Criminal desistance is more likely for minorities who have unsuccessfully managed to meet the normal expectations of adulthood (Pettit, Becky; Western, Bruce 2004).

The life course approach challenges the idea that patterns of offending are determined chiefly by stable propensities to crime, that vary little over time, but greatly across individuals (Uggen and Wakefield 2003). Racial threat theories suggest that there is differential treatment in highly populated states by whites (Pettit, Becky; Western, Bruce 2004). Poor minorities are a threat to social structures of society therefore attracts the disproportionate attention of authorities (Pettit, Becky; Western, Bruce 2004). This article proves that the racial-caste system is fueled by minorities that are at a disadvantage. The future of the broken window policing will only keep minorities at an economic disadvantage.

There is very little evidence that shows aggressive policing works. Urban ethnographers argued that increased imprisonment among minorities only drew young black men to commit crimes; such as illegal drug trades because of their criminal history and the collapse of low-skill labor markets (Pettit, Becky; Western, Bruce 2004). Social disintegration in black communities is also associated. The prison boom revamps the lives of many minorities which sends them down a spiral path of ongoing destruction (Pettit, Becky; Western, Bruce 2004). Having a prison record confers a persistent status that significantly influences trajectories (Pettit, Becky; Western, Bruce 2004).

Policy Recommendations

A few policy recommendations I would suggest is that when police officers are conducting a search or seizure body cameras should be wore at all times. This will guarantee officers are monitored, the search will be recorded and documented. First time offenders who commit low level crimes should be counseled, and trained to be better law abiding citizens. This would allow the offenders a second chance to redeem themselves. After 4 misdemeanors, the offense should be charged as a felony. This would educate and probably discourage them from making unlawful acts. Police officers should be annually trained on when to make an arrest, when its considered unlawful, and when to use discretion when making an arrest during “Stop and frisk”. If police officers make unnecessary arrest, they should be penalized for it. Due process should be mandatory in court and enforced. If not reinforced, anyone on the case should be held accountable.

Works Cited

1. American Sociological Review, 69(2), 151-169, Apr 2004 Pettit, B., & Western, B. Retrieved from http://search.proquest.com/docview/218798956?accountid=11946
2. Barry, J. and Lindsay, L. (2016). New York City Criminal Court: 2015 annual report. Office of the Chief Clerk of New York City Criminal Court. New York: New York
3. Chauhan, P., Fera, A.G., Welsh, M.B., Balazon, E., & Misshula, E. with an Introduction by Jeremy Travis. (2014, October). Trends in misdemeanor arrest rates in New York. Report Presented to the Citizens Crime Commission. New York: New York
4. No Equal and Exact Justice | Monitoring report – Police Reform Organizing Project (PROP). (2016, March 31). Retrieved from http://www.policereformorganizingproject.org/no-equal-and-exact-justice-a-prop-court-monitoring-report/
5. The Journal of Criminal Law and Criminology (1973- ), 100(3, Centennial Symposium: A Century of Criminal Justice), 1213-1224. Summer 2010, Retrieved from http://www.jstor.org/stable/10.2307/25766119?ref=no route:0e7deca0aee12c4cdf08dfcf5bf7944
6. Zeidman, S. (2015). Due process and the failure of Criminal Court. Fordham Urban Law Journal, vol. XLII, 1-4.

Excuse of Jeffrey Deskovic’s Guilt as a Prime Example of the Evolution of the American Justice System

Throughout the history of the American justice system there has been no shortage of evolutions both in practice of all aspects of the American justice system but also evolutions in technology that makes the justice system more precise. This increase in accuracy among all phases of the justice system maintains the assertation that someone will be found guilty beyond reasonable doubt. However, before all of these current advancements in practice and technology many people were wrongly convicted of crimes they did not commit. These convictions have recently been overturned within the past two decades. One such exonerations of guilt was that of Jeff Deskovic in 2006.

Jeff Deskovic was convicted the rape and murder of a 15-year-old female in 1990. The case file states that in November of 1989 the fifteen-year-old girl was taking pictures for her school’s photography class. Two days later her body was found naked and showed signs of being raped and strangled. Police imediately turned their attention to Deskovic who was only 16 at the time. The police stated that Deskovic became the number one suspect due to him “being late to school the day after the victim disappeared”. Also, the police claimed that “he had been overly distraught with the victim’s death, visiting her wake three times”. Deskovic further aroused police suspicions when he started to conduct his own investigation. And between December of 1989 and January 1990 police spoke with Deskovic multiple times.

During the duration of this case there were multiple issues with police misconduct as well as forensic malpractice. During the span of time between increased suspicion in Deskovic and Deskovic’s conviction police asked Deskovic to take a voluntary polygraph test. There is a few problems with the administration of the polygraph test. One of the first things noticed is that a sixteen-year-old is not a legal adult. This means that they cannot submit to a voluntary polygraph test without parental consent. Another problem with the administration of the polygraph test was that the polygraph was done via private company this private company was ran by a local sheriff. This sheriff was informed that he had “been hired to get a confession”. While original police reports state that they received a confession from Deskovic upon review the confession was coheresed and involuntary and his constitutional rights were violated during the polygraph process. Deskovic was taken to the polygraph testing location without a lawyer or parents present. Throughout this polygraph process Deskovic was interrogated for six hours in these six hours he had been subject to three different polygraph tests and in between these three different polygraph tests he was subject to relentless questioning by the police. During the last polygraph test “One of the detectives accused Deskovic of having failed the test and said he had been convinced of Deskovic’s guilt for several weeks”. Only after six hours of questioning and three sessions of polygraph testing did Deskovic begin to give his false confession. Deskovic began to get confused when officers asked him to give an account of the crime, Deskovic began to switch between talking in the third person and the first person when discussing the event. “Deskovic said, “I lost my temper” and admitted he had hit the victim in the head with a Gatorade bottle, put his hand over her mouth and kept it there too long”. During this coursed confession Deskovic exhibited signs of a mental breakdown, Deskovic was in the fetal position under the table sobbing.

Aside from Deskovic’s forced confession the police began to analyze the biological evidence on the victim according to the innocence project report “The victim was found naked and her autopsy revealed genital trauma. Semen was identified on the vaginal swabs from her rape kit”. Even though there was semen present at the scene and inside of the victim there were none on her clothes. The police tested the semen found on the scene and told Deskovic that if the semen was not a match he would be cleared as a suspect, however the police lied to Deskovic. The DNA test came back negative for a match between the semen found on the scene and Deskovic, however after these findings became known the police did not disregard him as a suspect. Instead the police changed the narrative of the events of the crime. The narrative shifted from the rape and murder happening consecutively to the rape never happening at all. The state argued that the victim had consensual sex which was the source of the semen however Deskovic murdered the victim in a fit of jealous rage.

Despite the biological evidence exonerating Deskovic, Deskovic was found guilty of first-degree rape and second-degree murder in January 1991. This conviction however lacks overall merit due to the change in narrative by the state. After the analysis of DNA, the state changed their interpretation of what happened during the crime. The new interpretation stated that the victim was never raped, the state maintained that she had consensual sex prior to the murder and Deskovic murdered her in a fit of jealous rage. However even though the state maintains that the victim was never raped Deskovic was convicted by a jury of first-degree rape.

Deskovic was convicted in January of 1991 and remained in jail until September 20, 2006. Deskovic’s case was overseen by the innocence project. With the evolution in DNA analysis and the creation of New York States DNA databank of convicted felons the victims original rape kit was tested again with this newly evolved technology. When tested the DNA not only exonerated Deskovic but also matched with a man named Steven Cunningham. According to the innocence project report Steven Cunningham was a convicted murderer in prison for strangling his girlfriend’s sister. With this exoneration by DNA evidence Deskovic was released from prison on September 20th, 2006. According to the innocence project report Deskovic’s indictment was dismissed on November 2nd, 2006 where he was deemed innocent after serving 16 years of his 15-life sentence. The innocence project also stated that Steven Cunningham confessed to the crime that Deskovic served 16 years of his life for.

This case allows for a lot of insight as to how our justice system has changed just over the past few decades. Following this case through all of its steps you can see that every level of the justice system has started to change. Looking specifically at each step, firstly the investigative process has changed dramatically over the past few decades. Especially in recent years police have been being held more accountable to their actions as it pertains to not only the physical aspect of the job but also how they present their findings in court. Police are being held more accountable also with the interpersonal aspect of people and how it pertains to getting confessions and dealing with how confessions come to fruition weather their forced confessions or not and this is in part due to the evolution in understanding the psychology of people and how they deal with interrogation and stressful situations. The next step would be the forensic side forensics has become so much more applicable to every investigation being done today. Not only has forensic analysis become more precise but more specifically DNA analysis has made massive strides in the past few decades as it pertains to homicide and rape investigations. Not only has the accuracy of DNA analysis evolved but the collection of DNA in criminal databases. This collection of DNA in states like New York allow for the quick arrest and conviction of repeat offending criminals.

This is one of the many examples of how the justice system on all levels has changed in order to prevent false convictions. These changes ensure that the courts can maintained the assertation that beyond a reasonable doubt the person who is being convicted of a crime is definitively the person who has committed the crime.

Key Principle of Classical Criminology and Its Influence on the Criminal Justice System

In this essay, I will explain what the key principle of classical criminology is and what influence it has on our criminal justice system. The main key principle of classicism is the Enlightenment thinkers who identified individuals or criminals to have rationality, hedonism, and punishment acting as a deterrent to crime. Rather than thinking about religion and what happens after death, Enlightenment thinkers sought to improve human circumstances on Earth. The reason, science, religious tolerance, and what they called ‘natural rights’ were all-important to these intellectuals (‘What Is an Enlightenment Thinker?’, 2022). I’ll be using to main key theorists of classical criminology, Cesare Beccaria and Jeremy Bentham. The criminal justice system can be defined as “interrelationships among law enforcement, the courts, corrections, and juvenile justice” (Palmiotto, 2021).

Classical criminology is a legal system approach that emerged in the 1700s during the Enlightenment (18th century). Social contract theory was elaborated upon by philosophers such as Cesare Beccaria, John Locke, and Jeremy Bentham to explain why people commit crimes and how communities may effectively combat crime. The classical school of criminology has a significant problem in that the concept that all criminals are rational is neither generalizable to the entire population nor correct, due to the reality that biological conditions may prevent an individual from thinking and acting logically (Carrabine, 2014).

Rationality is a way of analyzing and comprehending. It aids in the identification and categorizing of perceptions, experiences, and concepts into foundation knowledge. The reason is a mental process that demands objectivity and dispassionate evaluation of facts, reasoning, and deduction. In a philosophical sense, the reason is absolute. Some philosophers argue that reason is nothing more than a weapon for winning debates, while others argue that it raises people above their animalistic nature (Rydgren, 2020). Individuals have free will and the ability to make rational decisions, according to Enlightenment thinkers in criminology, so offenders make rational decisions on whether or not to commit crimes based on an analysis of cost, risk vs. benefit. As a result, crime prevention should focus on influencing the decisions that offenders make. This influences the criminal justice system because according to the rational choice viewpoint, the criminal is a rational individual who assesses the possible costs and rewards of committing a crime. Despite criticism, this strategy is prominent as part of the dominant attitude of the criminal justice system in Wales.

Cesare Beccaria (1738-1794) and Jeremy Bentham (1748-1832), interoperate that hedonism was based on a conception of criminals as following a rational choice principle which would dictate whether they engage in crime or deviance. The phrase ‘hedonism’ comes from the Greek word that means ‘pleasure’. The criminal tries to seek pleasure and avoid pain. The criminal justice system employs different forms of hedonism. According to psychological hedonism, criminal behavior is motivated. They are motivated by the pursuit of pleasure. Pursuit of pleasure, according to ethical hedonism, is normative. If the grounds for the criminal’s behavior and acts are evident, the legal system can proclaim the appropriate sentence for the lawbreaker. The use of hedonism in criminal activity implies that everyone thinks, analyses, and acts uniquely. When the system learns to recognize the individual, a pattern in thinking might be discovered. It is the responsibility of behavioral scientists to investigate such trends, but the criminal justice system and law enforcement agencies may also utilize this information to monitor and critically examine the conduct of dangerous offenders. Serial murderers are a type of criminal. The psychological rationale that drives such criminals to execute specific acts exists (‘Hedonism in the Criminal Justice System’, 2013).

Beccaria asserted that three aspects of punishment make a major difference in deterrence: the swiftness of punishment, certainty of punishment, and severity of punishment. Certainty of punishment is when people commit a crime, they should believe they have a good chance of being detected and suffer the consequences (Hostettler, 2011, p. 124). Punishment should be carried out as soon as possible after the act, according to the principle of the swiftness of punishment and if the penalty arrives too late, the deterrent impact may be lost because the individual will be unable to connect the punishment to the unlawful conduct. The severity of punishment is when the punishment is severe enough to offset any possible advantages derived through crime. In the eighteenth century, the death penalty was spread all over Europe, it was not only used for serious crimes but also minor offenses such as theft. Jeremy Bentham’s long-term critical examination of English law and society created the groundwork for the early nineteenth-century political changes that preserved from violent social revolution. He is most recognized for his utilitarian concepts and for broadening the scope of legal theory beyond legal issues. In addition, he and his brother devised the panopticon, a facility for imprisonment and monitoring (O’Donnell, 2020). Torture was practiced in many countries as well and this embraced the inquisitorial system of criminal procedure (Hostettler, 2011, p. 3). The inquisitorial system is a form of legal practice in which the judge attempts to find facts while also representing the interests of the state in a trial (‘Inquisitorial System’, 2022). Beccaria stated that if harsh sanctions do not prevent crime, they should not be applied. Instead, sanctions should be commensurate to the extent of the harm inflicted by the crime. According to Beccaria, the goal of punishment is not to inflict agony on the criminal, but to deter future offenders from committing crimes. Beccaria felt that to accomplish so, punishment should be definite and fast. He felt that if criminals knew they would be punished and if punishment came as soon as possible after the offence, it would have the greatest chance of deterring crime. Beccaria also fought against the death sentence, which was another contentious subject. In his opinion, the state does not have the authority to respond to violence with greater violence. Since the death sentence is only temporary, it cannot be particularly effective in preventing crime. Instead, long-term sanctions, such as life imprisonment, would be more effective in reducing crime since potential criminals would find this a far more unpleasant state than the death sentence (Margit, 2018).

Human rights are norms that respect and preserve the dignity of all people. They control how individuals live in society and with one another, as well as their relationship with the government. Human rights legislation requires governments to do some things and forbids them from doing others. Individuals have obligations to respect each other’s rights (‘What Are Human Rights?’, 2015). Criminal penalties are a type of societal reaction against criminal offenders, intended not just at preserving society against crime, but also at protecting social and individual objects. Criminal penalties are imposed when criminal law is broken, a criminal court procedure is carried out, the offender, the criminal offence, and the circumstances for imposing sanctions are identified. They always deny or restrict some human rights or freedoms as a necessary and fundamental technique of obtaining justice, when it cannot be done in any other way, such as upholding the rule of law in a given community by individuals, this is because they have been convicted that they should obey the law since it is for the general welfare of everyone, not only for themselves, including that specific individual who believes that such behavior specified by the legal norm should not be respected or broken, However, regardless of the justification for applying such sanctions that seriously infringe on basic human rights and freedoms (justified by the state’s mechanism for enforcing justice), they must not cross the line of humanity, necessity, inevitability, and human dignity, particularly personal, moral, and physical integrity (Ashtalkoska-Baloska, 2020).

In conclusion, the key principles of classical criminology all influence the criminal justice system exclusively. As previously stated, the fundamental important premise of classicism is the Enlightenment thinkers who recognized individuals or criminals as having rationality, hedonism, and punishment functioning as a deterrent to crime. Classicism can be used when the criminal justice system examines the illegal act rather than the person who committed the crime. Cesare Beccaria and Jeremy Bentham both helped a lot with the changing of the justice system today, as now we do not use such violent actions such as the death penalty or torture.

Essay on Components of the Criminal Justice System

The main components of the criminal justice system are the police which they main job is to enforce the law. Another main component of the criminal justice system is the correctional agencies which their main job is to carry out sentences imposed by the courts. The main job of a probation or parole officer is to supervise a case load of offenders from post release to parole or probation. They see them monthly, and the main goal is to get them to become productive members of society (Secretary 2015). The other big component of the criminal justice system is the criminal courts which their main job is to conduct fair and impartial trials. The United States constitution requires that criminal justice case processing be conducted with fairness and equity; this requirement is referred to as due process. Which is simply put, means procedural fairness. Evidence-based policing says that officers, administrators and staff should not only be armed with the right equipment, knowledge of the law, and defensive protection, but also have as much knowledge about what tactics and strategies work best to fight crime.

Problems that keep the system from functioning effectively and efficiently are police officers. The police personality often has a bit of their own personal beliefs and values involved. While on the force, police officers learn the appropriate job behavior. Police corruption can range from minor to major unlawfulness. Examples include taking minor or major bribes, denying civil rights to people, and committing violent crimes. There are plenty dangers that come with being a police officer. There are some really dangerous people that could shoot them or do worse. Even training accidents can be dangerous for them. Unwarranted disparities and unduly harsh sentences undermine trust in the rule of law and offend the basic principles of fairness and justice. In an era of limited resources and diverse threats, there is a public safety imperative to devote the resources of the criminal justice system to the practices that are most successful at deterring crime and protecting the public. Some critics say that a number of the most controversial problems related to the criminal justice systems today are reactions to earlier problems. Drug policies, incarceration rates, and the death penalty are commonly named on lists of the most questioned criminal justice issues. The numbers have shown that police officers treat African Americans different and rougher than white people. Racial profiling is the practice of using race or ethnic characteristics in determining whether a person is considered likely to commit a crime. The first thing that goes through an African American’s mind when he or she has encountered the police is that they were racially profiled (Free 1997). It has been countless cases where non-white people were wrongfully imprisoned just because it “looked” like they could do it. Over the years the law enforcement has been completely biased on who they arrest for the crime, and sometimes it can end in a deadly scene.

The Uniform Crime Reporting program was started to make a cooperative effort to bring crimes to their attention. The Uniform Crime Reporting (UCR) gather about 18,000 police departments to give a monthly report on the crime they have on their communities and this create the statistics on the crime that is happening (FBI:UCR). Part one crimes are serious crimes like murder, rape, or burglary, and white-collar crimes, they track them together. Part two crimes are all other crimes, like fraud and embezzlement, that are tracked together. This is a good tool to see where the rates of crimes are up or down and where hot spots are in the country. The bad problem is that all crime is not tracked and not all the crime is not reported. Studies show that more crimes are not being reported then being reported, and the uniform crime report cannot get an accurate data spread like this. White collar crime is a big crime that does not always get reported, but a burglary for three hundred dollars would be. Also, the most serious crimes get reported. For example, if a criminal committed rape, burglary, and murder then the uniform crime report will only accept the murder charged because that is the most serious one. The inconsistency of the uniform crime report can be misleading when the report comes back with the rates of crimes. The uniform crime report can be used as a tool to measuring crime, but not a main source for seeing if crime is up or down. Crimes that are not being reported might be a crime that happens regularly, but it is not being reported to the UCR. The primary purpose of the uniform crime report is to get reliable information back so law enforcement administration and management can operate functionally.

The modern-day criminal justice traditions and practices have evolved for past changes in society. Americans relied on religion and sin as a means of shaping society and its behaviors. Now we have levels of punishment for different kinds of crimes. Indeterminate sentencing urges rehabilitation through pretty unspecific sentences. The positives are the inmate’s time can be shorter if him or her behavior is good. Alternative sanctions are court ordered unpaid work or community service like cleaning the streets or highway. Usually the court gives this to minor offenses. Retribution is an act on offenders for their criminal activity. Incapacitation imprisons the criminal so they cannot commit a crime. Deterrence is an attempt to scare the criminal through punishment or fear of it. Rehabilitation tries to make the offender a better person. Restoration converts the victim of criminal act as ‘wholly’. Congress came together after writing the constitution and decided to create the Judiciary Act of 1789 (Schmalleger 2018). The act founded the Supreme Court and district courts. The dual court system is the division of the courts into two separate systems, one state court and one federal court, and each state has its own court.

The arrest is the first step into the criminal justice system. An arrest is when an officer of the law takes a suspect into custody. The officer has to read them their miranda rights which are as follows: You have the right to remain silent, anything you say can and will be used against you in a court of law, you have the right to an attorney, and if you cannot afford an attorney, one will be appointed for you. Afterwards, they take the suspect up to the station and hold them their until they know the next step. There are three steps into a criminal case, but they all have a process in each one. The first step is arrest, the suspect is taken into custody where he or she is then booked or processed for the crime. If they are able to receive bail then they can post it, and if not, they are kept in the holding cell. The next step is arraignment, and this is where the criminal appears in front of a judge and read the charges to the defendant. They either plead guilty or not guilty. If a plea bargain cannot be reached the case is brought to trial and a jury will decide if he or she is innocent beyond reasonable doubt. If the defendant is found guilty, they have to wait for sentencing and pay their debt to society. When the criminal is done, sometimes they are put on parole. Parole occurs after the defendant served jail time and request an early release. They have to follow the conditions, or they will go back to prison. If the defendant is put on probation, then they get to avoid jail all together. Probation is a sentence that does not involve jail time. Probation is usually given to misdemeanor crimes and nonviolent offenders. Helps the offender stay out of jail.

Sir Robert Peel was the founder of modern policing. He came up with a way to introduce important reforms to the British criminal law. His biggest aftereffects of introducing the reforms were that fewer crimes were carried out by a death penalty sentence and education for inmates first came to light. Sir Robert Peel had nine basic principles. Peelian principle one is where the police officers are here to prevent crime and disorder in their neighborhood. Police officers are in our lives to protect us and keep danger out of our communities. Principle two states the ability of the police to perform their duties is dependent upon public approval of police actions. The people in the community have to get along with the police officers or they will not be able to do their jobs efficiently. Principle three sums up to say that the police force seeks to work with the public to maintain their respect. Peelian principle four states when the police use physical force it puts a strain on the relationship with the community. Principle five simply say that police officers should not cater to every need of the public, but just do their job right and provide service. The next peelian principle says police officers should only use physical force when the exercise of advice and warning did not have an effect. Principle seven wants people to understand that police officers are a part of the community too and just get paid to watch over it full time. Police officers should always do their job and not take advantage of it by being corrupt, says principle eight. The final principle is that police officers should show results by having crime and disorder disappear, and not just doing their job right and trying to deal with it (Nazemi 2009).

A plea deal is an arrangement between a prosecutor and a defendant, where the defendant pleads to a lesser charge for a lenient punishment. If a plea deal cannot be reached, the case will move to trial.

References

1. Free, marvin D. jr., author. african-americans and the criminal justice system. (1997). Criminal Justice Review, 22(1), 110-111. Retrieved from http://db07.linccweb.org/login?url=https://search-proquest-com.db07.linccweb.org/docview/233188832?accountid=10674
2. Schmalleger, F. (2015). Criminal justice : a brief introduction (Eleventh edition.)
3. Sandy Nazemi (2009) http://www.lacp.org/2009-Articles-Main/062609-Peels9Principals-SandyNazemi.htm
4. FBI:UCR https://ucr.fbi.gov/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/aboutucrmain
5. Secetary, Press (2015) https://obamawhitehouse.archives.gov/the-press-office/2015/07/14/fact-sheet-enhancing-fairness-and-effectiveness-criminal-justice-system