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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
- 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
- Schmalleger, F. (2015). Criminal justice : a brief introduction (Eleventh edition.)
- Sandy Nazemi (2009) http://www.lacp.org/2009-Articles-Main/062609-Peels9Principals-SandyNazemi.htm
- FBI:UCR https://ucr.fbi.gov/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/aboutucrmain
- Secetary, Press (2015) https://obamawhitehouse.archives.gov/the-press-office/2015/07/14/fact-sheet-enhancing-fairness-and-effectiveness-criminal-justice-system
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