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U.S. CRIMINAL JUSTICE SYSTEM.
Term Paper ID:30289
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Essay Subject:
Dsicusses whether the system is too lenient or too tough.... More...
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7 Pages / 1575 Words
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Paper Abstract:
Discusses whether the system is too lenient or too tough. Contends main problem is that is is responsive to the wrong pressures. Focus on economic & political pressures and attitudes, not on the severity of the crime. Example of early release policy due to prison overcrowding. Problem of media sensationalism.
Paper Introduction:
OUR CRIMINAL JUSTICE SYSTEM:
IS IT TOO LENIENT, TOO TOUGH, OR JUST RIGHT?
There is no question that our criminal justice system has problems, but at the root, the problem is not whether it is too lenient or too tough, but whether it is responsive to the wrong pressures, so that the leniency or toughness in the prosecution of a crime is not based on the severity of the crime and the circumstances around, but on the economic and political pressures and attitudes surrounding it at that point in time
Sometimes the criminal justice system is considered too lenient, but that seems to happen less and less. The occasions when the justice system is too lenient occur almost always when convicted criminals are released early because of econo
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Proof of the effectiveness of the get-tough approach has always been less than abundant. "Tough Justice is Saving Our Inner Cities." Business Week Jul. Rapists statisticallyserved four years on an average nine year sentence, and repeat offenderswere essentially getting the same sentences as first time offenders.[1]This severe overcrowding is not so much a result of high crime rates orbudget cuts as much as it is a result of get tough measures drafted to putmore criminals in prison. In many electoral races, the onlywinning position is to be tougher on crime than your opponent. Some politiciansin Nevada are now seeing the costs involved. Many people criticize the courts and the legal system for theproblems with the criminal justice system, but the setup of the criminalcourts overall is fair. "Abolishing Parole Saves Lives and Property." Corrections Today Jul. This weakness of the legal system is also a strength; it isthis connection to the public will that keeps a check on judicial power andrestrains potential judicial corruption. 1998: 5.[3] Under mandatory minimum sentencing, drug offenders are given asentence and must serve it in its entirety, with no option of parole. prisons in 1998, fifty-nineinmates were killed by other inmates, and 6,75 inmates were injured fromassaults, fights, and rapes. 2 : 2.-----------------------[1] Allen, George. In August 2 U.S.Department of Justice statistics showed that the rate of incarceration inAmerica had reached 69 inmates per 1 , residents, the highest in theworld.[15] The burden to federal and state economies is not the only cost tothese excessive measures; though less measurable, the cost to the freedomof American citizens who are wrongfully imprisoned or excessively punishedis severe. When overcrowding forces the parole board to release prisoners, they are not allowed to release the drug offenders, and thus more violentcriminals get the early releases than otherwise would.[4] Allen[5] Becker, Gary S. 1998: 3."U.S. Although giving aspecial report with hype on trends such as the media likes to attach tosingle events as a good way to sell newspapers and magazines, it has themore significant effect of showing the public that crime in America is outof control and getting worse, when it has actually been on a steady declinefor the past several years.[5] "There is little doubt that the generalpublic continues to see violent crime as a serious threat and that theywant the government to reduce the level of crime. "Tough Justice is Saving Our Inner Cities." BusinessWeek Jul. "Georgia Leads Push to Make Prisoners Serve more Time." Christian Science Monitor Feb. "Investing in Prisons or Prevention: the State Policy Makers." Crime and Delinquency Jan. The leniencycaused by these measures is being seen less and less as states quickly moveto adjust their 'Get Tough' measures to not only put their criminals injail, but to keep them there too.[4] Unfortunately, the moves to fix theovercrowding and underfunding are not fixing the root problem of placingtoo many people in jail, but rather simply building more prisons andremoving the system's ability to release prisoners. "When is "Get Tough" Too Tough on Teens?" Christian Science Monitor Feb. Insuch cases the judge does not have the authority to give any sentenceshorter than that required, and thus they end up being the longestsentences. BibliographyAllen, George. "Cooling the Anti-Crime Bombast." Las Vegas BusinessPress Dec. The problem with the courts and the legal systemis that the pressures from the public and politicians are able to influencethe legal system through such things as the selection and advancementprocesses for judges, political influences (many judges aspire to publicoffice), and the overall human bias that creeps into the system in smallamounts with the lawyers and judges, and to an even greater extent, withthe jurors. Even though crime rates have begun to decline from their peak levels of the late 198 s and early 9 s, the continual demands for harsher sentencing, reductions in good-time credits required by truth-in-sentencing statutes, and stricter handling of parole violators all continue to push state prison populations to even higher levels.[12]Nevada, one of the leaders of the get-tough movement, in the 8 s and 9 senacted some of the strictest crime bills in the country. 2 : 26.[6] Greenwood, Peter W. "Investing in Prisons or Prevention: the StatePolicy Makers." Crime and Delinquency Jan. The California Supreme Courtrecently showed their independence from public fervor by overrulingCalifornia's three strikes law as unconstitutional, stating that it was aviolation of the separation of powers for the legislature to determine whatsentences a judge must give out.[17] The criminal justice system of the United States has been far tootough on crime as of late due to political pressures arising from mediasensationalism, but hopefully the courts and those legislators who arebrave enough to oppose the more popular position may bring criminalsentencing back into line. Virginia was such a case; because of their prisonovercrowding and underfunding, many prisoners were released early.Convicted felons were serving approximately one-third of their sentences.First-degree murderers were given average sentences of 35 years, but thetime they actually served averaged only ten years. 2 : 26.Clayton, Susan. Estimates show that over 1 , sexualassaults occur daily in U.S. "Cooling the Anti-Crime Bombast." Las Vegas Business Press Dec. "3 Strikes Sentencing Overturned." Corrections TodayAug. prisons.[16] The American criminal justicesystem was originally built on the philosophy of 'let the punishment fitthe crime', but the prevailing public attitudes about crime seem to suggesta slogan more like 'if you're a criminal, you deserve whatever you get',and this attitude is what is passed on to lawmakers in the polls. "Georgia Leads Push to Make Prisoners Serve More Time." Christian Science Monitor Feb. Contrary to rhetoric that compares U.S. The report also showed that 65% of youths charged with assaultwere sent to jail for more than a month, versus only 43% of adults, andthat an identical sentence ends up being longer for youth because youthmust serve the full term, while adults are typically released after one totwo thirds of their sentences are completed.[1 ] Abolishing parole is another popular get-tough policy. Minnesotais even examining the idea of adding time onto full sentences for poorbehavior. "3 Strikes Sentencing Overturned." Corrections Today Aug. Human Rights Record in 2 ." Xinhua China Newswire Feb. When questioned about the bill, Franklin Zimring, acriminologist from U.C. Berkeley said, "This is the absurd outer limit ofthe get-tough approach."[9] A report released in July 2 showed evidencethat youth are sentenced to longer jail terms than adults convicted of thesame crime. Much of this change is attributable to highly publicizedexamples of offenders who commit violent crimes while out on parole, suchas the Willie Horton incident.[11] The cost of these increases in prisoner populations is a seriousburden to state budgets, and many policy makers are becoming concernedabout the continually increasing share of their budgets devoted tocorrections. Because of these perceptions bythe public, anti-crime rhetoric pays off impressively in the voting booth.In a democracy, the government must be responsive to the public, so when alarge portion of the voting public begins an outcry demanding stronger lawsto protect them from the raging epidemic of violent crime, a politician caneither do as they ask and reap the popularity he will get as a result offighting the perceived problem, or he can explain their mistaken beleifsand be branded "soft on crime." Thus because it is such a solid politicalmove, we see increased governmental support for measures which strengthenthe punishments for criminals to the point where the punishment will likelyexceed any proportionality to the crime. 1996: 2 .Greenwood, Peter W. There is no question that our criminal justice system has problems,but at the root, the problem is not whether it is too lenient or too tough,but whether it is responsive to the wrong pressures, so that the leniencyor toughness in the prosecution of a crime is not based on the severity ofthe crime and the circumstances around, but on the economic and politicalpressures and attitudes surrounding it at that point in time Sometimes the criminal justice system is considered too lenient, butthat seems to happen less and less. "When is "Get Tough" Too Tough on Teens?" Christian Science Monitor Feb. 1998: 5.Nifong, Christine. 1996: 2 . "Abolishing Parole Saves Lives and Property."Corrections Today Jul. In California for example, where juvenile homicide rates havedropped by 6 percent since 1991, voters are pushing for a bill that wouldfurther stiffen penalties for juvenile offenders and allow more of them tobe tried as adults. 2 : 2.[1 ] Van Slambrouk[11] Nifong, Christine. OUR CRIMINAL JUSTICE SYSTEM: IS IT TOO LENIENT, TOO TOUGH, OR JUST RIGHT? And it has, in the words of one state law enforcement official, 'eaten Nevada taxpayers alive'.[13] In an analysis of California's three strikes law, it was estimatedthat the longer sentences required by the law would more than doubleCalifornia's prison population in less than ten years, and that thatincrease would increase the portion of the state budget spent oncorrections from nine percent to eighteen percent, eliminating alldiscretionary spending in support of higher education and theenvironment.[14] At the end of 1999, 6.3 million Americans were in prisonor on parole, which is a 44.6% increase from 199 . 1998: 3.[12] Greenwood[13] Myers[14] Greenwood[15] "U.S. Despite thedrain they put on state resources, three strikes and truth-in-sentencinglaws have coasted through legislatures without any serious opposition.[7]Each time the 'Get Tough' approach proves its effectiveness in gettingvotes, candidates become even more enthusiastic about pursuing more andmore stringent law enforcement policies.[8] Predictably, when drafting a tougher crime bill each term is the bestticket to re-election, anti-crime laws have gone out of control in mostjurisdictions. 1997: 22.[2] Myers, Dennis. prisons to countryclubs, time in prison is hard time. 1997: 22.Becker, Gary S. More often the criminal justice system is too tough. Such measures put a severe strain on resourcesand prison space, and often the legislation is not accompanied bysufficient bugdet increases to pay for all the added strain on thesystem.[2] In some cases, there is a leniency on serious crimes such asrape and murder because some measures such as mandatory minimums requiredrug offenders to serve more time than violent offenders[3]. The occasions when the justice systemis too lenient occur almost always when convicted criminals are releasedearly because of economic pressures on the correctional system.Overcrowding and underfunding of corrections facilities forces the prisonsto grant parole and early release earlier and more often than theyotherwise would. 1998: 136-43.[7] Greenwood[8] Myers[9] Van Slambrouk, Paul. 1998: 136-43.Myers, Dennis. In U.S. Human Rights Record in 2 ." Xinhua China Newswire Feb. Examples of media-inspired 'Get Tough' campaigns in recentyears are the three strikes laws, DUI laws, the War on Drugs, and youthcrime laws. Many statespush bills to eliminate parole entirely, while many others use "mandatorysentencing" and "truth in sentencing" laws that limit a judge's discretionin determining how much time a criminal should be incarcerated. 2 1.[16] Xinhua[17] Clayton, Susan. In the lastdecade we have seen sharp increases in media sensationalism decrying thedrug problem, or the youth violence problem, etcetera. 2 1.Van Slambrouk, Paul. In public opinion polls,more voters continue to rank crime and violence as their number oneconcern."[6] The public perception that crime is out of control creates astrong push for politicians and elected officials to adopt tougher stanceson crime, whether it is warranted or not.
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