Abstract
It is necessary to analyze the American Criminal Justice System and explain its current strengths, weaknesses, opportunities, and threats. This research will encourage the system's development. The current American Criminal Justice System is advantageous as it has been modernized to allow the citizens to feel safe within the country. This improvement has promoted reduction of crime rates and even accorded justice to incarcerated offenders. There are however a few mishaps identified in the system such as the issue of mentally challenged offenders. There are a few suggestions and opportunities available to improve the American Criminal Justice System. These factors will be discussed in this report along with the emerging challenge of drug related crimes.
Introduction
Criminal justice refers to the issuance of justice to the lawbreakers. The American Criminal Justice system consists of a combination of government and private institutions that aim to reduce or eradicate crime in the United States. These entities aim to achieve this goal by rehabilitating criminals, implementing strategies that reduce crime, and offering moral support to crime victims. Institutions that are found in the criminal justice system and that work together to achieve harmony include the police force, prosecution system, law courts, prisons, and probation agencies, this forming the three main entities of law enforcement, adjudication, and correction. They ensure a safe environment for the citizens to exist while encouraging them to abide by the law. The judicial system promotes a fair trial by ensuring the provision of defense lawyers even to defendants who cannot afford the services (Parry & Richardson, 2013).
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Over the years, the most rampant crime in the United States has been drug dealing and drug abuse. This has enabled the system to attend more to the rehabilitation entities. The American Criminal Justice has also changed rampantly. In the past, the criminal justice agencies reprimanded and punished every offender by sending them to jail or giving them a much heavier sentence. However, the current system has developed categories of offenses and crimes that deserve a jail sentence while punishing lighter offenses with probation. For instance, an individual on trial for murder will not receive an equivalent sentence to one on trial for shoplifting. Harsh sentences include life imprisonment and death penalties, while lenient ones are probation and fines. The entities also consider the intent of the crime and if the offender was in the right mental state while committing the crime. It is necessary to analyze the American Criminal Justice System and explain its current strengths, weaknesses, opportunities, and threats.
Strengths
The first and most important strength of the American Criminal Justice System is that it allows the citizens to feel safe in the country, especially the victims of crime. This aspect is made possible by relieving them the burden of worrying about the criminal's arrest, prosecution, and punishment. The process accords them the chance to grieve and recollect themselves with the assurance that justice would be served, therefore ensuring the comfort and safety of the victims and their families.
The second strength is the burden of proof. This phrase gives the prosecution team the power to prove the defendant guilty as opposed to the defendant proving themselves innocent. It is considered a strength as it ensures the defendant's rights are upheld by relying on facts and evidence to judge the accused and not assumptions and speculations (Seidel, 2020). The jury is tasked with sourcing and presenting efficient evidence to incriminate the defendant. This is appropriate because the accused is protected by the Fifth Amendment of the constitution against self-incrimination. He/she is under no obligation to stand as witnesses against themselves or answer questions that might incriminate them.
The third strength is the availability of the jury of the defendant's peers. The court has the judge to preside over the case, but the jury is tasked to decide. This allows the jurors to view the matter from different perspectives and reach a consensus, passing a judgment without bias. They decide doubt by addressing the facts and evidence from both sides.
The fourth strength of the American Criminal Justice system is the availability of a third party to solve cases between the parties in conflict. The judicial system reviews statements from both sides, passing judgment according to evidence and witnesses' testimonies. Involving a third party ensures a fair and rational assessment while promoting peace between the parties in conflict.
The fifth strength is the inclusion of plea bargains in the criminal justice system. It allows both the plaintiff and the defendant to avoid trial trauma by allowing the accused to plead guilty. It provides room for an agreement that might lead to a concession between the two parties and even a settlement. This also gives the defendant the advantage of a lighter sentence, if any. However, these privileges are only applicable to offenders with minor criminal charges.
Opportunities
A current opportunity that could improve the American Criminal Justice System is the availability of expunction projects. These projects are responsible for defending and offering solutions to individuals who are caught up in the criminal justice system. Expunction refers to pardon given to arrested but not charged individuals, whose charges have been dropped or dismissed or persons accused of juvenile offenses. The expunction process is lengthy, expensive, and draining. The expunction project will help improve the criminal justice system by assisting the defendants in applying for expunction and offering them affordable legal services.
Another opportunity is juvenile justice. This strategy provides the option for offenders under the age of eighteen to be tried in a unique juvenile justice system. This strategy is essential to observe because individuals under the age of eighteen are children who would benefit more from counseling and therapy rather than punishment. Juvenile justice also allows offenders to attend school while in custody. It is also not advisable to place children and adults in the same correction facility. These minors are likely to be traumatized by the experience.
The third opportunity in the American Criminal Justice System is the availability of progressive prosecutor offices. Former prosecutors often run for government seats and win. These leaders have liaised with current prosecutors and officers of the judiciary system to implement progressive reforms in the system. These reforms include the abolition of death sentences, introducing in-house conviction integrity systems, and resetting priorities for the police officers, such as giving more attention to dangerous criminal activities.
Challenges
There are a few challenges faced by the American Criminal Justice System, including the issue of mental illness (Crisp, 2018). Most criminal offenders are found to be having mental health issues, and this poses a challenge to the judicial system when making a verdict. In such cases, the jury is unable to identify the defendant's intention when committing the crime, this proving it difficult to sentence them. The judicial system needs to work hand in hand with mental health providers to improve the criminal justice system.
The increased rate of drug abuse also poses a challenge to the criminal justice system. This has caused an increase in drug lords and drug dealing activities, not to mention drug-related crimes, and the police force might not have enough personnel to fight these crimes. Currently, the growing opioid crisis is a point of concern for the criminal justice system. Statistics show that 75% of prisoners were charged for drug-related offenses (Crisp, 2018).
Another challenge affecting the American Criminal Justice System is human trafficking. This is a point of concern as most offenders have found a way to avoid the police. This is termed as a form of modern-day slavery where most victims are women and children who are later exposed to forced labor and sexual exploitation. The system lacks enough officers, especially on the borders, to curb this rime. Some law enforcement officers have been reported to accept bribes from traffickers.
A significant weakness of the American Criminal Justice System is the notion of innocence until proven guilty. A lot of guilty defendants have gone scot-free by hiring a competent lawyer. The lawyer creates reasonable doubt for the jury by demonstrating the invalidity of the evidence provided. Although this benefits the defendant, it is injustice towards the victim. The strengths, weaknesses, opportunities, and threats of the American Criminal Justice System should be taken into consideration and improved where necessary to promote security within the country.
References
Crisp, K. (2018). Exploring New Opportunities in the Field of Criminal Justice Reform. Retrieved 10 January 2021, from https://www.americanbar.org/careercenter/blog/new-opportunities-in-criminal-justice-reform/
Parry, J. T., & Richardson, L. S. (Eds.). (2013). The Constitution and the Future of Criminal Justice in America . Cambridge University Press.
Seidel, M. (2020). Criminal Justice System Strengths. Retrieved 10 January 2021, from https://legalbeagle.com/8319562-criminal-justice-system-strengths.html
