In recent years, the criminal justice system’s integrity has come into question. At one point, the country’s justice system and way of law were a beacon of light for many to see and follow. However, after decades of scandal, misuse of power, and the political polarization of society, there have been calls for changes in the criminal justice system to alter the direction that it is currently headed (Rappaport, 2020). However, before any discussion is made concerning the direction of the US criminal justice system, it is first integral to determine where is the criminal justice system currently.
Each person has their own belief of what the current state of the criminal justice system in America is like (Duarte et al., 2020). Each opinion is influenced by the information and biases that each person has. I start with this disclaimer to ensure that while I intend to be as neutral as possible, there are instances where my biases will crop up, for which, I hope, they will not interfere with the overall message.
I believe that the US criminal justice is broken but not beyond repair. One of the reasons I believe this is because of the many years that the system has run without checks and balances, which has led to abuse of power and the spread of prejudice in its ranks (Rappaport, 2020). For example, there are many cases where police officers and other law enforcement agencies, which are an integral part of the criminal justice system, have abused their authority through excessive use of power and abuse of their authority to harass and discriminate against individuals, particularly those from minority populations in the country, is evidence of the brokenness of the criminal justice system. Events such as the CRASH unit and the courts’ selective enforcement of the law show the level of brokenness of the criminal justice system (Duarte et al., 2020).
The current state of the criminal justice system is also defined by political interference (Rappaport, 2020). Through a series of events, the system, whose efficiency relies heavily on non-bias, has declared political allegiances. Granted, the individuals in the criminal justice system are American citizens and have a right to express their political views (Rappaport, 2020). However, this has led to a further spreading of the gap between the criminal justice system and the people. In particular, law enforcement has further distanced itself from people, with more civilians refusing to cooperate with them. The situation is further worsened by the new trend emerging where it is seen as cool to hate the police. There have been several instances where people have begun hurling insults at the police without provocation. There have also been instances where a mistake from the police is seen as an attack on the people rather than a genuine mistake (Duarte et al., 2020). Political polarization in the country has further worsened things. The gap between the criminal justice system and the people continues to become wider and broader.
The political influence of the judiciary flows into the judiciary as well. An integral part of the criminal justice system, the judiciary plays a vital role in guaranteeing that those found guilty of crimes are prosecuted. However, there have been instances where the judiciary has been used as a political tool (Rappaport, 2020). A good example is the appointment of individuals to the Supreme Court. The insistence on appointing Supreme Court justices with political leanings that favor the government at the time leads to the political influence of the judiciary. There have also been instances of state-led litigation where state attorney generals use the judiciary as part of the criminal justice system to sue the governor and the state (Duarte et al., 2020). This is particularly common in states where the governor and state attorney general have different political leanings.
With an understanding of the current state of the criminal justice system, it is now possible to analyze the system’s future. For one, the future involves abusing the system for political gain (Rappaport, 2020). Many have realized that one of the ways to gain political power is through the criminal justice system. This is why a good number of those in Congress are former District Attorneys or have worked in one capacity or another in law enforcement. Many in the criminal justice system also know that if they gain enough influence, they can leverage their influence for political power. The future of the criminal justice system is undoubtedly influenced by politics (Duarte et al., 2020).
The future of the criminal justice system also involves more regulation of law enforcement (Rappaport, 2020). Now more than ever, law enforcement is on a critical watch from the general public. This aims to prevent the abuse of power by these individuals. The regulation also involves a public eye on law enforcement. The regulation does not have to involve only policy but also more scrutiny of their actions (Kurlychek & Johnson, 2019). Having the public eye on the police at all times and with stricter policies on the police will undoubtedly lead to more regulation of the criminal justice system, particularly law enforcement. The judiciary is also being watched to ensure they distribute justice fairly and without bias.
The future of the criminal justice system also involves further separation between the people the system is serving and the system. The battle between Blue Lives Matter and Black Lives Matter is a glimpse into this. The fact that both camps were unable to come together and work on the issue of systemic racism facing the criminal justice system shows the extreme nature of both camps and how hard it is for both parties to agree with one another (Kurlychek & Johnson, 2019). This rift is bound to affect the communication between the two factions, which will affect the delivery of services and how issues are solved.
However, the future also brings with it a glimmer of hope. The current state of affairs in the criminal justice system has brought much concern to various stakeholders. There has arisen a group of people who have been willing to work to better the system. Various stakeholders are keen on improving the system and the current state of affairs. This shows there is hope for the criminal justice system to take a turn for the right and become the beacon it once was.
Changes in the Criminal Justice System
There have been several calls for changes in the criminal justice system. One of the significant changes is police reform. There have been various proposals concerning this endeavour. Some have advocated for defunding the police, where less funds should be allocated to law enforcement. However, a growing approach is the increased training on de-escalation and community policing. This approach also involves increased transparency and accountability mechanisms to improve community relationships between the communities and law enforcement. The likelihood of this success is minimal, as police unions are firmly against the idea of regulation of force, as they believe it would hinder their effectiveness in communities. Granted, there have been several consentions by law enforcement in this direction, including the adoption of body cameras and civilian oversight boards, which shows hope for this change (Duarte et al., 2020).
Another proposed change in the system is better funding for reentry programs. Currently, the country has one of the highest recidivism rates in the world (Graham et al., 2020). This shows the failure of the criminal justice system in this regard. The proposed change advocates for introducing educational and vocational training opportunities for incarcerated individuals. There should also be invigilation of these programs to prevent abuse from social workers and parole officers. The likelihood of his succeeding is high, particularly in liberal states (Graham et al., 2020). With bipartisan support, this can become actualized at a federal level.
There have also been calls for action to address the issue of systemic racism and bias within the criminal justice system (Graham et al., 2020). However, this has proven easier said than done. Radical individuals from both sides are arguing for strict actions to be taken. This has led to a push and pull between civilians and the criminal justice department. It is also important to note that considering the country’s history with racism, the issue is very engrained, and addressing it can be an issue due to its delicate nature. This means that the potential for success for implemented measures is minimal.
Conclusion
“It should be borne in mind that nothing is more challenging to take in hand, more risky to execute, or more doubtful in its accomplishment than to take the lead in introducing a new order of things,” stated Niccolo Machiavelli. “Because the innovator’s staunchest opponents are those who prospered under the previous regime, while the most ardent supporters stand to benefit from the new circumstances but are still on the fence (Machiavelli, 2011). This coolness originates partly from dread of the opponents, who have the laws on their side, and partly from the disbelief of humanity, who do not easily believe in new things until they have had a lengthy experience with them.” This quote perfectly explains the conundrum of trying to change the direction of the criminal justice system (Machiavelli, 2011). The truth is that the issue presents several challenges, and addressing them is easier said than done. However, there is hope for a better future for the criminal justice system.
References
Duarte, C. D. P., Salas-Hernández, L., & Griffin, J. S. (2020). Policy determinants of inequitable exposure to the criminal legal system and their health consequences among young people. American Journal of Public Health, 110(S1), S43-S49.
Graham, A., Haner, M., Sloan, M. M., Cullen, F. T., Kulig, T. C., & Jonson, C. L. (2020). Race and worrying about police brutality: The hidden injuries of minority status in America. Victims & Offenders, 15(5), 549–573.
Kurlychek, M. C., & Johnson, B. D. (2019). Cumulative disadvantage in the American criminal justice system. Annual Review of Criminology, pp. 2, 291–319.
Machiavelli, N. (2011). The prince (il principe). 120 banned, 137.
Rappaport, J. (2020). Some doubts about” democratizing” criminal justice. The University of Chicago Law Review, 87(3), 711-814.
write