...After the collapse of Jim Crow, especially seeing the great success experienced by some African Americans, we start to feel the system of racial caste is officially dead and buried. However, that is just an illusion. Behind the rhetoric of institutionalized equity, our criminal justice system is working as the new Jim Crow preventing blacks from participating in our electoral democracy. While Constitutional amendments guaranteed African Americans "equal protection of the laws" and the right to vote, through a web of laws, regulations, and informal rules, all of which are powerfully reinforced by social stigma, they are confined to the margins of mainstream society and denied access to the mainstream economy. During the Reconstruction Era, whites felt threatened and outraged as African Americans were exposed to more social and economic opportunities and started to obtain political power. To turn the table and regain all the black labors they had for free for centuries, southern states drastically increased the penalties for minor offenses. Southern conservatives founded Ku Klux Klan, which fought a terrorist campaign against Reconstruction governments and local leaders, complete with bombings, lynchings, and mob violence. I can never forget those horrible pictures in which some white onlookers were smiling or laughing with the blacks burning or hung on the tree in the background. How sick they had to be to enjoy watching another human being tortured and murdered? Reconstruction...
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...Throughout History there have always been constant debates of ways to improve the lives of U.S citizens by reducing the imperfections of the criminal justice system as well as eliminating the risk of unwholesome products in their everyday lives. For example, in the novel The Jungle, Upton Sinclair exposes the unwholesome and unsanitary practices of the meatpacking industry during the early 1900s. Furthemore, Sinclair was a 'muckraker' or journalist who exposed the immoral practices of the meatpacking industry in order to push for mandatory meat inspection; however, President Roosevelt viewed the novel as an exaggeration of the truth of the matter and personally inspected the industry's practices themselves. Thereafter, Roosevelt discovered...
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...The above quote relays the ways exploitative rhetoric used by 1960’s politicians created fear among whites. As well as a foreshadowment of the analogous issues in the 1980s. Moreover the introduction of harsher sentencing due to the white’s public fear illustrates the effects the majority and public opinion have on dominating the minority. Tocqueville stated, “In all the American republics the central government is only occupied with a small number of matters important enough to attract its attention. It does not undertake to regulate society’s secondary concerns, and there is no indication of that has ever conceived the desire to do so.” (Tocqueville 262) The basis of the above quote reveals the government's tendency to appease the primary...
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...was transporting money from his business to the bank. The two people later identified as Bertha Bloutt and William Bloutt, used the ruse of a broken down vehicle to get the victim to stop to render assistance at which time the robbed him at gun point. The usual process that these two offenders would go through is known as the criminal justice process. The criminal justice system is comprised of three major institutions which process a case from inception, through trial, to punishment. A case begins with law enforcement officials, who investigate a crime and gather evidence to identify and use against the presumed perpetrator. The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond a reasonable doubt. If so, the corrections system will use the means at their disposal, namely incarceration and probation, to punish and correct the behavior of the offender. Throughout each stage of the process, constitutional protections exist to ensure that the rights of the accused and convicted are respected. These protections balance the need of the criminal justice system to investigate and prosecute criminals with the fundamental rights of the accused (who are presumed innocent). Though a number of rights derived from the Constitution protect the accused from abuses and overreaching from law enforcement officers, the arguably most important of these rights are the Miranda advisement and the Fourth Amendment prohibition against unreasonable...
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...Mass incarceration according to Michelle Alexander became the system that replaced Jim Crow and although her claim is a bit hyperbolic, but both do share some similarities. In a way, both were created through institutions trying to remove the rights of certain amount of black people, especially in the South. There are as many similarities as there are differences but mass incarceration was developed in a process rather than merely existing out of nowhere. Colorblindness comes from the mentality of ignoring race or saying that race is not important at least in the case of public speeches or justification of policies. The evolution of mass incarceration becoming a racial control against African Americans was achieved through the Reagan administration,...
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...complexity. The literature reviews, illustrates and examines the following: 1. Describe a court and its purpose. 2. Define the dual court system. 3. Describe the role that legal codes, the common law, and precedent played in the development of courts. 4. Identify the role of courts in criminal justice today. A court is a forum designed to test, enforce and uphold the law in a fair and impartial manner. The courts purpose is to guard and uphold individual freedoms that all citizens have. Purposes and Responsibilities of Courts should never be confused with efficiency or even the constitutional means of the separation of powers, judicial independence, and the inherent powers of the courts. Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve disputes, to maintain rule of law, to provide for equal protection, and to ensure due process of law. They exist so that the equality of individuals and the government is reality rather than empty rhetoric. (National Association for Court Management, 2013, Paragraph 5) Continuing the review of the court history and its purpose the dual court system is the separate but interrelated two court system of the United States, one for federal cases and the other for state cases. Within the branches of the dual court system the top level is the Supreme Court of the United States, followed by two levels. The first branch of the two lower levels of the...
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...Wainwright Axia College of University of Phoenix Being an Ex-felon in America There are many people in society who are still being treated unfairly. There is still a major disconnect from mainstream society and ex-felons. There are many people with opinions on how to help the ex-convict to become a productive member of society, except for the voice or better said by the rhetoric of the ex-felon, the one who has paid his or, her debt to society by doing harsh and terrible prison time. Yes, ex means nothing when it comes to a person from a criminal past. Everyone has already heard the rhetoric about “everyone is created equal” but, this rhetoric has been tested before and still being tested today. This is just some of the topics that will be presented in this paper. Ex-felons are underprivileged and treated unfairly because people of society are unforgiving and ex-cons are barely given any opportunities to change. Some ex-felons are underprivileged in many aspects of society due to one’s criminal past or better said mistakes. Ex-felons are not permitted to obtain a firearms license after one is convicted of a felony. One cannot conceal a firearm to protect one’s place of residence and most places ex-felons live, a firearm is needed. There are burglars everywhere but majority of them live in the same places as an ex-felon. How are ex-felons supposed to protect his or, her home and family from the violent thoughts of others...
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...Week Three Read Me First Correctional Policy and Procedures INTRODUCTION For centuries, societies had no trouble stating that the purpose of sentencing was punishment and that punishment was retribution. With the Age of Enlightenment and utilitarian thinking, society recognized three additional goals: deterrence, incapacitation, and rehabilitation. The relative importance of these goals became tied to conservative, liberal, or radical ideology. In assuming management of a prison, wardens are responsible for perimeter security and maintaining an orderly, secure internal environment. Wardens often regard themselves as administrators, rather than leaders. As wardens become more educated, the formal structure of modern prisons is likely to resemble a large, private organization with an established hierarchy and defined responsibilities. When governments confine people, they assume certain responsibilities toward them, including provision of constitutional living conditions, thus avoiding law suits and court interventions. Other management issues, such as classification, custody, and control, are also a high priority for modern prisons. During the last several decades, there has been a move toward professionalization in—moving from custody to control to care. Achieving scientific, uniform, and successful administration of public punishment through professional development is the goal of the American Correctional Association. In this professionalization effort, issues...
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...Week Three Read Me First Correctional Policy and Procedures INTRODUCTION For centuries, societies had no trouble stating that the purpose of sentencing was punishment and that punishment was retribution. With the Age of Enlightenment and utilitarian thinking, society recognized three additional goals: deterrence, incapacitation, and rehabilitation. The relative importance of these goals became tied to conservative, liberal, or radical ideology. In assuming management of a prison, wardens are responsible for perimeter security and maintaining an orderly, secure internal environment. Wardens often regard themselves as administrators, rather than leaders. As wardens become more educated, the formal structure of modern prisons is likely to resemble a large, private organization with an established hierarchy and defined responsibilities. When governments confine people, they assume certain responsibilities toward them, including provision of constitutional living conditions, thus avoiding law suits and court interventions. Other management issues, such as classification, custody, and control, are also a high priority for modern prisons. During the last several decades, there has been a move toward professionalization in—moving from custody to control to care. Achieving scientific, uniform, and successful administration of public punishment through professional development is the goal of the American Correctional Association. In this professionalization effort, issues...
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...another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and due process models one needs to remember, “Proponents of both models embrace constitutional values which are necessary to the kind of society in which American wish to live” (Zalman, 2008, p. 4). In addition answers will be given to questions about the effects on law enforcement, courts, and differences between federal, and state polices, and distinguishes these values. To utilize plea bargaining is controversial because of the fear that innocent defendants would take a plea and the judge would impose unduly sentences (Neubauer, 2008, p. 20). Also the criticism focuses on the deterrent effect of the punishment itself. The crime control model, court hearings have eroded the deterrent effect of punishment (Neubauer, 2009, p. 20). “Not only is the problem serious, but there is evidence that it is getting worse, suggesting that, whatever deterrent effect the criminal justice system does have, its effectiveness in deterring crime may be decreasing over time” (Barnett-Hagel...
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...MWF 8:05 AM – 8:59 AM English Composition 2 12/07/12 The Death Penalty Crimes are committed every day. Some of them worse than others. The worst crimes get the worst punishment. That can mean capital punishment. Capital punishment is just another way of saying legal murder. Should it be allowed? This is one of the most debated issues in the criminal justice system. Hundreds of criminals are being killed legally at the hands of the government every day. Why you may ask, because they were convicted of killing one or more people. But the government can do it and get away with it. The death penalty is wrong and should be outlawed in all 50 states. The reasons why it should be outlawed are: the person could be innocent, it is not a good crime deterrent, and it does not cause closure for a victim’s families. The most obvious reason it should be banned is that it is against the law. It says so in our constitution. The Eighth Amendment clearly states that the federal government is prohibited from using cruel and unusual punishment. Most people would have to say that sitting down in a chair and getting electrocuted until your dead or getting poison shoved in your veins is pretty cruel and unusual. Also when you put someone to death for committing murder you are committing an act of it as well, which is an eye for an eye. Evidently the government seems to not think so. Another good reason to ban capital punishment is the person who was charged with the murder could actually...
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...Abstract The aim of this dissertation, which is based on secondary research involving analysing a range of books, journal articles, Government publications, newspaper articles and videos, is to critically examine the position of the victim in the criminal justice system. The paper looks at the role of political interests in establishing victimfocus policies and the direction towards their placement at the heart of the justice system. This includes the managerialistic values, modernization of the Government and covering-up of punitive measures taken against the offender that all point to the political rhetoric around the centeredness of the victim. Furthermore, the view of traditional justice is accounted for in order to get a grasp of the many underlying factors that can be attributed to the so called rebirth and the consequent concentration on the victim. The paper firstly discusses characteristics of victims, the impact of crime on victims and also their needs for a better understanding of who they are and what can be done to help them. Particular attention is drawn to stereotypes associated with victims and constructions of the ideal victim. Secondly, the adversarial nature of English justice and implications for victims are discussed, as well as some tensions between the interests of the offender and the victim, and the opposed nature of the two. Procedural and service rights especially play an important role in defining whether victims are given appropriate...
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...Betty Waltermire Critical Issues in Criminal Justice JUS-250 April 10, 2014 Cruel and Unusual Punishment or Effective Control of Sex Crimes In the Bill of Rights we look to the Eighth Amendment to read; Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive or disproportionate to the offense committed. A male who has been charged with and convicted of multiple sexual crimes, is going to do his time, get out of prison and offend again. To impose upon him to be chemically or surgically castrated would this procedure stop or prevent the sexual crimes from occurring. In China and the ancient world the rulers kept many wives and concubines so they would have an heir. To protect them from being impregnated by another male they used eunuchs to guard the wives and concubines. They were appointed to guard the royal household and through daily contact with the family they gained immense power (Chinese Eunuchs). According to legend castration has been used to improve the effectiveness of soldiers. The rulers would castrate the men by removing the penis and leaving the testicles. This would cause them enormous sexual frustration and they would become violent and aggressive, which was perfect for the battlefield. Chemical castration is done by injection of the FDA approved birth control drug Depo Provera to lower the testosterone levels in men, thereby reducing...
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...Midterm Quiz 3410 Professor Smith Page 1 of 5 | Question 1 (1 point) Which political theory can be traced to the time period of the birth of Nazi "national socialist" fascism in 1928? Question 1 options: | Arabic Nationalism | | Islamo-Fascism | | Muslim Brotherhood | | Mohammeden Baskism | Save Question 2 (1 point) With the political theories,it is often the _______ which is the main cause of terrorism. Question 2 options: | frame of reference | | form of governance | | mission of the actors | | motivation of the elite | Save Question 3 (1 point) The phenomenon of terrorism is not difficult to define because it is intangible and fluctuates according to historical and geographical contexts. Question 3 options: | True | | False | Save Question 4 (1 point) Anarchism is a theory of governance that rejects any form of ________ authority. Question 4 options: | female or minority | | false or misleading | | central or external | | governmental | Save Question 5 (1 point) One of the main objectives of terrorism is usually to gain publicity for some cause. Question 5 options: | True | | False | Save Question 6 (1 point) According to _____, murder, especially murder-suicide, constitutes the highest form of revolutionary struggle. Question 6 options: | Johann Most | | Karl Marx | | Mihaly Csikszentmihalyi | | Albert Schweitzer | Save...
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...Finding the Root Causes of Crime Crime prevention is not a new idea. In fact, most police forces have been actively engaged in crime prevention activities for a number of years, and their efforts are increasingly being supplemented by volunteer based neighborhood and community initiatives. What is new is the emerging tendency to shift away from an exclusive focus on police based approaches in favor of a broader conception of how to prevent crime. The result is a number of new possibilities for delivering on the promise of crime prevention, and the emergence of a number of new participants in the area of prevention activities. One example of this new development is the direct participation of municipal governments in the organization of crime prevention structures and the delivery of crime prevention services and activities. The involvement of municipal governments in the area of crime prevention has been spurred by the popularity of municipal crime prevention councils in Europe (especially in France), and by the successes of locally organized and community-based initiatives in North America. In both cases, the involvement reflects a sense that, whatever crime prevention is, the police cannot do it alone. Moreover, there is a growing awareness that crime prevention is an inherently political domain: citizens are increasingly vocal about where and how scarce municipal resources are allocated in the “war” on crime, and politicians are increasingly being held accountable for the...
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