The Justice System Essay

In the past: Discrimination in the Legal System

In the past, the legal system was infamous for discriminating against the underprivileged groups. A larger percentage of the prison population was made up of African Americans. Instead of using imprisonment as a form of punishment, the contemporary justice system focuses more on reforming the offender. The legal systems make investments in fostering positive interpersonal interactions in society. Because of how the society treats its members, many good people commit crimes. Because of the pronounced levels of discrimination in the past, crime rates were greater in some communities. The war on narcotics specifically targeted groups of people who appeared to be the perpetrators of the crimes. Such perceptions led to an imbalanced state of the social composition of incarcerated offenders. Currently, the shift from the punishment of criminals aims at correcting historical injustices such as racial bias and appealing to the social psychological approach to understanding why good people do bad things.

Historically: Bias against Marginalized Ethnic Backgrounds

Historically, people were biased against certain ethnic backgrounds, especially from the marginalized communities (Yamamoto 13). It was the assumption that crime was synonymous to such races. Many of the issues associated with drugs and substance abuse and crime originated from the black community. Not all members of the African-American origin participated in criminal activities. However, the general assumption of criminalization on the basis of race made many people from the marginalized communities engage in crime. The police and other law enforcement officials were biased against such communities. The discrimination raised the numbers of incarcerated individuals from such communities. Racial bias associated with crime made the law enforcement officials concentrate on areas with huge populations of African American people and the Hispanics. However, the justice system used the approach of eliminating criminal elements from the population. However, “rehabilitation is the most humane goal of punishment” as opposed to jail term (Andersen and Howard 205).

The Approach Shift: Punishment to Rehabilitation

The perception increased the number of incarcerated people from the marginalized groups. The approach did not yield good fruits because most of the victims went back to crime after completing their sentences. A majority of the convicts joined the criminal gangs due to the perception of the society that the people from the cultural backgrounds are criminals. The new justice system changed the approach from the punishment of offenders to rehabilitation processes to make the individual fits back into the society (Crow 227). Recovery modifies the behavior of the individual through an analysis of the reasons behind the crime. After the reasons are clear, it becomes easier to formulate measures that will prevent the people from taking part in a crime. The allocation of lawyers to offenders that could not afford lawyers was a step aimed at ensuring the justice system does not discriminate on any particular group.

The Shift Towards Equality: Acknowledging Rights and Eliminating Discrimination

It targeted delivering justice to all people equally as stated by the constitution. Previous actions towards marginalized groups fueled the levels of crime in the society. The society and the judicial system did not acknowledge the rights of all people equally. The law was lenient on whites as opposed to the people of color in the society. It was a common occurrence for the courts to deny bail for a colored offender but grant the same to a white perpetrator. “The constitution allowed the whites to own slaves” but the blacks did not enjoy such privileges (Mirza 58). The discrimination started during the periods of slavery where the whites had the freedom to own slaves from the African-American origin. The same discrimination in the society shifted to the judicial system denying the whole community an opportunity for equal rights. The law enforcement officers mistreated the young people from the marginalized groups. To them, the young people from any other cultural origin were criminals.

Discrimination in Society: Impact on Employment and Representation

The law enforcement officers found the practice in their respective departments and continued with the racial discrimination of the population (Sernau 96). Apart from the judicial system, the employment sector was avoiding young Africans from the fear that they were criminals. Any form of discrimination is a violation of the rights of the individual. However, the amendments to the constitution improved the platform on which all people would advocate for equal rights. During the historical period of gender bias, the laws did not place all citizens on an equal level. The whites had a better representation in the Congress. The representation gave them higher privileges as compared to the colored population. Therefore, the discrimination became the source of conflict in the society. The African Americans began advocating for equal rights leading to constant fights for their rights.

Striving for Equality: Peaceful Coexistence and Rehabilitation

A good man might indulge in negative actions as a way of fighting for their rights and with the desired outcome in mind. It is impossible to ensure a peaceful environment without exposing all people to equal rights. Any form of discrimination is bound to cause conflicts in the society as one group tries to fight for equality leading safe and peaceful people turning violent (Segesten 57). The current judicial process considers the social psychological well-being of the society by observing the rights of all offenders and offering them equal opportunities to prove their innocence. It is not a matter of racial background but a system that delivers justice to the whole population with the aim of correcting the offenders and keeping the society safe. However, the concentration of the judiciary is about the safety of the society and a good life for the offender in the multiple rehabilitation programs supervised by parole officers.

Neutral Justice: Equality without Discrimination

The current justice system concentrates on individuals connected to the crime but not the cultural background of the offender. The justice systems portray equality without discrimination on minority groups. The racial imbalance of incarcerated people communicated the assumption that the judicial systems were not neutral. Many people from the discriminated groups lost confidence in the courts entirely. The harassment by police increased the number of criminals who fought back (Newton 160). They justified their actions by indicating that the police triggered the violence through harassment. The Justice systems have a responsibility to restore the confidence of the people by delivering justice without discrimination. The history acts as a point of reference for the judicial system. It aims at rectifying the historical injustices such as discrimination and violation of the rights of the marginalized groups. The injustices increased the number of crimes because the population did not have confidence in the community.

Moral Degradation and Rehabilitation

Real people might do negative actions as revenge for previous actions done to them (Petersen 93). According to Bloom and Brian (297), “When good people do bad things, it includes standing around and letting bad things happen. Staying around and watching bad actions without taking action are engaging in bad practices. When the police began harassing the marginalized groups, the groups had to fight back. Incarceration of one racial group brought more hostility in the society due to revenge missions after completion. The justice system has a responsibility to ensure the peaceful coexistence of people in the community. As such, the ruling in the court needs to be neutral to avoid the assumption that the law favors one group over the other. The social psychological approach of the courts in delivering justice ensures both parties are comfortable with the ruling. Otherwise, the confidence of the society would reduce, and the courts will not be in a position to command the trust of the public. The justice system employs different methods of punishing offenders as well as rehabilitating them to make them real members of society. The punishment rectifies the moral derailment of the society by communicating the desirable attributes and those that the community does not consider ethical.

Impartiality and Restoration of Confidence

Social psychological reasons behind the neutrality of the justice systems are to eliminate the previous acts of discrimination by the system. During the historical times, the marginalized groups encountered challenges getting justice from the systems due to high amounts of inequality. Many groups lost confidence in the justice systems because of a lack of impartiality. Therefore, the history represents an example of the policies that represent the old regime that failed to uphold the rights of all people equally. During the racial bias era, the police harassed the people and judged the people of color without any proof. Showing impartiality by the justice systems aimed at rectifying the situation created. Other marginalized groups grow in an environment prone to violence making the children violent and exhibit a criminal nature. Good people might result in crime from moral degradation that results from the influence of their immediate environment. Instead of convicting such people to prison where they might become worse than they are, the justice system considers rehabilitating them. The rehabilitation system rectifies their behaviors and brings out the best in such people. The impartiality of the justice systems restores the confidence of the people lost in the previous eras where discrimination was prevalent.

Works Cited

Andersen, Margaret L., and Howard F. Taylor. Sociology : understanding a diverse society. Belmont, CA: Wadsworth/Thomson Learning, 2008. Print

Bloom, Sandra L., and Brian J. Farragher. Destroying sanctuary : the crisis in human service delivery systems. Oxford New York: Oxford University Press, 2011. Print.

Crow, Iain. The treatment and rehabilitation of offenders. London Thousand Oaks, Calif: SAGE, 2001. Print.

Mirza, Rocky M. American invasions : canada to afghanistan, 1775 to 2010. Place of publication not identified: Trafford On Demand Pub, 2010. Print.

Newton, Michael. The FBI encyclopedia. Jefferson, N.C: McFarland & Co, 2012. Print.

Petersen, Robert. Settlements, kinship and hunting grounds in traditional Greenland : a comparative study of local experiences from Upernavik and Ammassalik. Copenhagen: Museum Tusculanum press, 2003. Print.

Segesten, Anamaria D. Myth, Identity, and Conflict : a Comparative Analysis of Romanian and Serbian Textbooks. Lanham: Lexington Books, 2011. Print.

Sernau, Scott. Contemporary readings in globalization. Thousand Oaks: Pine Forge Press, 2008. Print.

Yamamoto, Barbara M. Family Tapestry An Examination of Family Histories, Immigration, Personal Choices & Heredity. City: Prufrock Pr, 2005. Print.