The criminal justice system in the United States has undergone phases of evolution from the beginning of white settlers. The arrival of the individuals fleeing religious persecution from England in the United States in the 1600s brought about the introduction of religious laws. Laws were based on religion and crime was punishable by stoning, or exile (Neubauer & Fradella, 2015). Crimes such as blasphemy and profanity were punishable by death. The growth and development of the United States in terms of population and diversity brought an end to the premise of the guilty mind and brought about the colonial law. Colonial law was British laws that were enforced on the colonies of the British in the United States (Neubauer & Fradella, 2015). These laws remained until the reforms in the criminal justice system were introduced by William Penn before the American Revolution. After the birth of American Democracy in 1778, individuals like Theodore Roosevelt and Martin Luther King played a key role towards reforming the criminal justice system of the United States.
William Penn was a Quaker who advocated for decent jail houses for criminals during the colonial law. Criminals were housed in a poor housing and denied basic needs such as decent food and clothing (Neubauer & Fradella, 2015). This brought about decent correctional facilities for criminals and decent living standards during the period of serving sentences. In the 1900s, Theodore Roosevelt who was the president of the United States between 1901- 1909, brought about the introduction of the federal bureau of investigations (FBI) (Neubauer & Fradella, 2015). This was to improve efforts of investigation for criminal offenses to provide an opportunity for the accused to prove themselves innocent according to the provisions of the bill of rights. Roosevelt also advocated for the creation of the juvenile system for the trial of minors who commit crimes or are accused of a crime. Later in the 1950s, a black revolutionist, Martin Luther King brought about the civil rights movement to advocate for fair treatment of African Americans (Neubauer & Fradella, 2015). The trend of lynching black people who were accused of a crime was prevalent until the passing of the civil rights acts during the presidency of John F. Kennedy. This act meant that black people would have an opportunity for fair hearing of cases by a jury of their peers.
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Technological advancements tend to impact the interpretation of the US law. It causes challenges to the construct of originalist textualism. This means that the interpretation of the constitution should be in line with the societal values that the original authors had in mind (Neubauer & Fradella, 2015). The introduction of technology brings about a crisis in the application of the originality of the constitution. Despite the fact that the interpretation is clear, new variables such as technology tend to tempt the court to deliver a certain ruling (Neubauer & Fradella, 2015). A good example is the introduction of mobile devices and the interpretation of the right to privacy in the constitution. A police officer is permitted to search a suspect's car for weapons but is not allowed to search a suspect's phone data without a court order. This is a display of crisis in application and crisis in premises. The arrival of the technology like the iPhone undermines the originalist textualism of the American constitution.
The interpretation of the fourth amendment does not limit the police ability to counter crime but enhances the effectiveness and the fairness of the criminal justice system. The originality of the constitution of the US is based on protecting the rights of the citizens from unreasonable and unnecessary searches by police officers (Kugler & Strahilevitz, 2016). It would seem unreasonable for the law enforcement to search a person's private property on mere suspicion of a crime without probable cause. The law ensures a balance of power between the executive and the judiciary hence protecting the citizen from the extremes of executive powers that would desperately want to solve crimes at the expense of the suspect's privacy. In carefully following the law, the police can engage in the due process of investigation, arrest, and prosecution of criminals without abusing the fourth amendment.
In conclusion, the evolution of criminal justice law in the United States started with William Penn, who advocated for better housing for criminals arrested. The birth of the American democracy after the American civil war brought an end to colonial law and the birth of the American constitution. Theodore Roosevelt played a role in the introduction of the FBI, and juvenile criminal system in the 1900s and Martin Luther King advocated for fair court trials for black people as opposed to mob law that was being enforced by the dominant white population. Technology advancements, on the other hand, pose challenges in retaining the originalist textualism of the United States, creating a crisis in application and premises of the American constitution. Finally, the fourth amendment does not hinder police ability to prosecute crime but simply ensures the police respect the rights of the suspect under investigation.
References
Kugler, M. B., & Strahilevitz, L. J. (2016). Actual Expectations of Privacy, Fourth Amendment Doctrine, and the Mosaic Theory. The Supreme Court Review, 2015(1), 205-263.
Neubauer, D. W., & Fradella, H. F. (2015). America's courts and the criminal justice system. Cengage Learning.
