The American criminal justice system is frequently criticized and even viewed as a non-system by some for reasons that are intertwined through a myriad of factors, including systemic flaws and inconsistent practices and outcomes. This insight then puts a question mark on the whole system, including its uniformity, fairness, and effectiveness. The necessity of knowing the reasons for this perspective could be fulfilled by studying the critical issues.
Firstly, the unevenness of the American criminal justice system is one of the significant points that characterize it as a non-system. Different from some other countries that have their own centralized method of handling crimes, the American system consists of federal, state, and local jurisdictions that all have their own particular laws, procedures, and agencies to enforce them. The division among the many criminal justice systems usually results in inconsistencies in how justice is provided, hence the distinction of sentences, access to resources, and outcomes based on geographical location and socioeconomic factors.
Furthermore, the adversarial character of the American legal system designed to provide fairness by fiercely advocating for the parties can, by accident, give way to the tendency to win at any cost rather than pursuing truth and justice. In this adversarial system, the parties, during litigation over a case, often use tactics like legal strategies, procedural technicalities, and resource availability to influence the outcome of the case, sometimes even at the expense of principles of fairness and equity, which should be the primary goal.
In addition to the non-systemic perspective of the American criminal justice system, the problem of mass incarceration is widely seen as a long-standing matter. The U.S. is one of the countries that incarcerate the highest number of individuals in the world, and millions of people are behind bars, thereby leading to the over-representation of communities of color and socioeconomically disadvantaged groups. This phenomenon is driven by several reasons: for instance, harsh sentencing laws, mandatory minimum, war on drugs, and privatization of prisons all cease to work as a rehabilitative approach because they foster a punitive approach to justice.
Systemic prejudices and injustice, coupled with the continuous cycles of marginalization of minority groups in the criminal justice system, have been the key determinants of the disenfranchisement of minority groups. The factual evidence of racial inequities in police stops, arrests, pre-trial detention, sentencing, and parole decisions is undeniably present, reflecting the existence of the systemic bias that would like to abolish the idea of equal justice under the law.
Critics also say that there is a falling into the hands of socioeconomic factors that maintain and promote systemic injustices in the criminal justice system. The absence of social justice factors such as poverty, lack of legal representatives, mental health deficiencies, and inequality in access to education can all lead to more people being in the criminal justice system and affect the outcome of the cases.
Furthermore, there is an awareness of the systemic challenges and inadequacies of punitive policy strategies in combating crime and social problems. The fact that incarceration serves as a primary strategy to deal with criminality has not only been ineffective in reducing recidivism but has also been a tool for renewing the cycles of violence, trauma, and social disturbance, predominantly within poor communities.
Compared to this, options like restorative justice, diversion programs, community-based services, and education and social services can provide more comprehensive and efficient ways of resolving the underlying issues and encouraging rehabilitation and reintegration.
In conclusion, the American criminal justice process, being described as a non-system, is an intricate interweave of systemic failure, structural inequalities, and philosophical lack. Overcoming these challenges necessitates holistic reforms that include the following: fairness, accountability, and social justice should be the core principles. A shift from punitive paradigms to more inclusive, equitable, and restorative approaches must be the course of action to address crime and social norms. It is only through the concerted involvement and engagement of all to tackle the fundamental causes of these problems that the American criminal justice system can finally turn into an instrument of justice and protection for all.
References
Larkin, P. J., & Canaparo, G. (2022). The fallacy of systemic racism in the American criminal justice system. Liberty University Law Review, forthcoming.
Mayeux, S. (2018). The idea of the criminal justice system. Am. J. Crim. L., 45, 55.
Ortiz, J. M., Cox, A., Kavish, D. R., & Tietjen, G. (2022). Let the convicts speak: A critical conversation about the ongoing language debate in convict criminology. Criminal Justice Studies, 35(3), 255-273.
Prout, L. (2023). A Process Evaluation of the RAIV Project: Transforming Approaches to Intimate Partner Violence (Doctoral dissertation, University of Colorado at Denver).
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