Introduction
Scholars and outsiders often use the term “non-system” to describe the United States’ criminal justice system. The system’s lack of coherence and consistency is caused by several elements, which leads to this categorization. The American criminal justice system is seen as incomplete and disconnected and often fails to accomplish its aims, even though it has a framework and parts (Dunbar & Holbrook, 2023). Using what we learned in week seven and the readings for this unit, we will look at the reasoning behind the claim that the American criminal justice system is not a system at all.
Fragmentation of Authority
A significant reason why the American criminal justice system is seen as disjointed is because of the division of power across several government departments and levels. The United States criminal justice system is decentralizeddecentralizeddecentralized, with several players functioning semi-independently, in contrast to other nations’ systems that are centralizedcentralizedcentralized (Dunbar & Holbrook, 2023). The administration of justice is sometimes impeded by discrepancies and inefficiency since various law enforcement agencies, courts, and correctional institutions generally function according to their agendas, priorities, and processes.
Disparate Goals and Objectives
Different parts of the American criminal justice system work towards different ends, which adds to the process’s lack of systemic consistency. Although the criminal justice system’s general purpose is to ensure the public’s protection and to administer justice fairly, the many players involved in the system often have different objectives (Dunbar & Holbrook, 2023). Unlike defence lawyers, whose primary goal is safeguarding their clients’ rights, law enforcement organisations may place a premium on apprehending criminals. Tensions and conflicts may arise inside the system due to these competing agendas.
Inequality and Discrimination
The widespread presence of prejudice and inequality in the American criminal justice system only serves to solidify the view that it is not a system at all. Multiple studies have shown that there are racial differences in the rates of arrest, sentencing, and imprisonment; these discrepancies underscore structural prejudices that weaken the ideals of justice and equality before the law (Dunbar & Holbrook, 2023). Social divides and a loss of faith in the legitimacy of the criminal justice system are both exacerbated by the disproportionate effect it has on minority groups.
Lack of Coordination and Communication
Part of the reason the criminal justice system is not systemic is that its many parts do not communicate or work together. Authorities in the justice system, including police, prosecutors, defence lawyers, and judges, often work independently, sharing little data and resources (Glazunova, 2022). The public’s faith in the system’s capacity to provide fair and prompt justice may be eroded when there is a failure to collaborate, which in turn causes delays, inefficiencies, and inconsistent case processing and adjudication.
Inefficiency and Resource Constraints
The American criminal justice system is already quite dysfunctional due to a lack of structure and ineffective use of available resources. Budget constraints, understaffing, and congested court dockets compromise the system’s ability to process cases (Mitskaya, 2023) promptly. Backlogs in court procedures, lengthy pretrial detention, and delays in case processing all add to the impression that the system could be more efficient and effective, which impedes access to justice.
Conclusion
Last but not least, the American criminal justice system is often seen as an ineffective and disjointed whole due to issues such as power imbalances, competing priorities, prejudice and discrimination, poor communication and coordination, and limited funding and workforce. People lose faith in the system because of these problems, which make it harder for it to provide justice in a fair and timely manner (Peay, 2024). Tackling these problems requires comprehensive changes that enhance the criminal justice system’s coordination, equality, and efficiency. The American criminal justice system must address these fundamental issues comprehensively to uphold the rule of law and protect all people’s rights.
References
Dunbar, A., & Holbrook, M. A. (2023). A Color-Blind Lens: Public Perceptions Of Systemic Racism In The Criminal Justice System. Crime, Law And Social Change, 79(1), 1–20.
Glazunova, S. (2022). Non-Systemic Opposition: Challenges And Communication Tactics. In Digital Activism In Russia: The Communication Tactics Of Political Outsiders (Pp. 21-43). Cham: Springer International Publishing.
Mitskaya, E. (2023). Fighting Corruption In Kazakhstan By Force Of Criminal Law. Cosmopolitan Civil Societies: An Interdisciplinary Journal, 15(2), 1–18.
Peay, P. C. (2024). The People’s Intervention: How# Blacklivesmatter Circumvented A Culture Of Congruent Criminal Justice Policies In American States. Journal Of Race, Ethnicity, And Politics, pp. 1–34.
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