Modern Criminal justice System

Criminal justice pertains to the criminal code and the various procedures that go along with its application. According to the federal crime control act of 1973, this includes police use, judicial proceedings, correctional activities, and the work of parole officers. Additionally, it contains initiatives addressing juvenile delinquency and drug addiction. (“”Three Components of the United States Criminal Justice System,“” 2017).

The process the state uses to address unacceptable conduct is the justice system. It is delivered through a number of phases, including the charging, pursuing, trial, sentencing, appealing, and punishing. The system’s various bodies carry out these operations. (Nagel & Neef, 1977). The American justice system comprises three main components each with a unique role. They include law enforcement, the court system, and the correctional system. In this essay, I will discuss and expound the three components in detail.

Law Enforcement

The United States law enforcement system champions for crime prevention and strategic preventive patrol. Also, it earnestly emphasizes complete upholding of the law. Individuals who control this component are Patrol officers, sheriffs, and deputies, game and park rangers, detectives among others. These individuals make the first contact with the criminal. The state requires them to have extensive knowledge about the rights of suspected offenders. For instance, Miranda rights, search and seizure rights among others. Additionally, they have to familiarize themselves with the civil rights to avoid their violation (“Three Components of the United States Criminal Justice System,” 2017).

The system constitutes local, state and federal police. The role of the police includes but not limited to keeping the peace by protecting the rights of the citizens, apprehending violators and combating crime, providing social services like directing traffic and recovering stolen items.

State police deal with petty crimes. They carry weapons like short guns, nightsticks, electronic Tasers and .38 specials. Moreover, they wear bulletproof vests for protection against aggressive criminals. In some states, the police are legally allowed to shoot a suspected criminal who may try to resist arrest (Nagel & Neef, 1977).

As expected, police integrity varies from city to city and state to state. There has been widespread corruption in the police department especially major cities like New York where police are suspected of involvement in selling drugs seized from pushers. However, in most cases, these accusations are often dismissed (“American Law Enforcement / Useful Notes - TV Tropes,” 2017).

There are about 75 federal law enforcement including the FBI who handle domestic crime. The FBI has approximately 20,000 undercover agents who deal with murder kidnapping and robbery. After arresting the offenders, they are taken to court for prosecution.

US Legal System

The American constitution establishes a federal government system. Power is divided into three branches: Legislature, Executive, and Judiciary. The Judicial law gives the court the mandate to declare legislative and executive acts invalid if they go against the federal constitution. The United States of America has a dual court system which includes federal and state courts. The federal judge handles the criminal and civil offense. The law extends federal jurisdiction only in particular disputes listed in article III section 2 (“American Law Enforcement / Useful Notes - TV Tropes,” 2017). Among the most significant cases are those involving a question of federal law among citizens of different states. The constitution forbids each party from litigating the case before courts of his opponent’s states.

In the case of Marbury V. Madison, the supreme court interpreted its powers to involve the authority to establish whether a statute violated the constitution and if so declare the law invalid as in chapter 2. The law can be pronounced invalid if it violates an individual’s constitutional right (Swift, 2009).

The Judicial system operates under different types of laws. An array of lawsuits are presented before the court by legal counselors. This move includes criminal and public disputes. A civil disagreement involves two parties with one claiming a violation of a statute. The party pressing the charges is known as the plaintiff and the opponent the defendant. In criminal cases, the state participates as a party in the dispute and represents the will of the people. The suspects in both types of conflicts are convicted if and only if proven guilty beyond reasonable doubt. The criminal is then committed to a correctional facility.

In some cases, the offender pays a fine to escape the charges. The law lists an array of penalties and prison time that a court may impose on a convict. Severe offenses and felonies face more severe punishments as compared to petty crimes. In civil disputes, the court has the power to choose among legal and equitable remedies. For instance, if a defendant’s breach of contract caused the plaintiff a particular sum of money, the defendant is ordered to pay the amount and any damages incurred (Swift, 2009).

One of the most popular differences between civil and criminal laws and the remedies that a court can offer is exemplified in the O.J Simpson case. The state of California charged him with the murder of his wife. None the less, the jury declared him innocent as the prosecution did not provide enough evidence to convict him. Had he been convicted, the court would have had the authorization to imprison him as murder is a capital offense (“US government (depository items),” 2002).

Later, his wife’s family sued O.J claiming the wrongful death of their daughter which is a civil action. After a series of proceedings, the court declared that O.J had some responsibility in her death thus ordered him to pay money for the damages incurred by the plaintiff.

The Correctional System.

This component is the last stage of the justice system. After conviction, a suspect is often sentenced to imprisonment. According to recent statistics, almost 1.2 million defendants convicted in courts are sent to jail with 94% of cases undergoing trial at the state level and 6% in federal courts. Some convicts may receive probation sentences and community services. The correctional system also applies to the defendants who have pleaded guilty (Swift, 2009).

As per the eighth amendment, correctional facilities should not impose cruel and inhumane treatment to the convicts. The correction system starts with the pretrial stage where they supervise the defendants on bond and the post-trial phase where the jail wardens supervise the inmates. Bond conditions may include but not limited to no weapons, no driving, rehab facilities among others.

The penal system includes confining an offender in a cell. Persons booked in the cell are referred to as inmates. American has the highest rates of incarceration due to its highly transparent system. Prisons have various levels: high, medium, low and minimum. These levels correspond to the intensity of a crime and the offender’s tendency to harm others. There also exists solitary confinement where inmates who threaten the safety of their colleagues are placed (Swift, 2009). These cells are in isolation and inmates in this detentions have no communication with others.

Additionally, the correctional system includes community supervision where some inmates are released on parole and must satisfy numerous conditions to avoid another jail term. These requirements include good behavior and periodically reporting to a parole officer.

The prison system makes up the fabric of the United States society and is often featured in the news especially when the staff makes mistakes resulting to prison escapes or inmates committing crimes in the facilities. For instance, in April 2011 an inmate in a maximum security prison in Utah was accused of choking roommate to death because of snoring (“US government (depository items),” 2002).

Instead of imprisonment, there is also the option to commit to a community-based correction. These facilities are known as intermediate sanctions. They deal with offenders within the community as opposed to outside the society. They often balance between protection of the citizens and rehabilitation of an offender. The community-based correction has taken root in the American culture (“Three Components of the United States Criminal Justice System,” 2017).

. This step is relatively cheaper and compared to imprisonment. For this reason, judges often consider detention as a last resort for reformation.

Conclusion.

The American criminal justice system has gone a long way in improving the society. It is the best in the world. There are some cases of corruption associated with the system and dealing with them will make the country free of crime. Additionally, there have been improvements in dealing with white color crimes, and this is an excellent step in the right direction. Cases of racism when serving justice have also dropped drastically and shortly they will be extinct. American citizens have gracefully contributed to a crime-free society by continually reporting cases of criminal activities in their neighborhoods. Availability of efficient emergency services has also added to the safety of the citizens. They are additionally aware of their rights and responsibilities thus a reduction in violation of their rights.

References

American Law Enforcement / Useful Notes - TV Tropes. (2017). TV Tropes. Retrieved 18 October 2017, from http://tvtropes.org/pmwiki/pmwiki.php/UsefulNotes/AmericanLawEnforcement

Nagel, S., & Neef, M. (1977). The legal process. Beverly Hills, Calif.: Sage Publications

Swift, H. (2009). US Legal Information. Legal Information Management, 9(04), 267. http://dx.doi.org/10.1017/s1472669609990533

Three Components of the United States Criminal Justice System. (2017). Criminaljusticeprograms.com. Retrieved 18 October 2017, from http://www.criminaljusticeprograms.com/articles/three-components-of-criminal-justice/

US government (depository items). (2002). Journal Of Government Information, 29(2-4), 83-115. http://dx.doi.org/10.1016/s1352-0237(03)00022-4