Introduction
Politics is a tool used to run the government and regulating legislative policy. The American politics plays a crucial role in the criminal justice system and they include actions of the media, elections, interest groups, bureaucracies, courts, Congers, and the President. The actions of the political leaders have a direct impact on the criminal justice organizations and the policies implemented by these politicians have a direct impact on how justice is conducted. The criminal justice system is established to enhance social control by protecting its citizens from harm and punish offenders who violate the law. The system is perceived to offer equal rights and protections to all people; however, politics had huge influence on the system. For instance, some argue that the political leaders have an increased likelihood of receiving protection by the criminal justice organization. In addition, they are likely to escape charge when accused of a crime. Therefore, it is clear that politics shapes the criminal justice system ( Cole, Smith & DeJong, 2018). This paper seeks to discuss the foundations of criminal justice organizations, the role of politics, and the pervasive influence of politics on the criminal justice organizations.
Foundation of Criminal Justice Organizations
Authority forms the foundation of Criminal Justice System. Authority is one of the major sources of power, and with this, the criminal justice system has the role of directing the activities of the people and ensure to behave in an appropriate way. Authority forms part of an occupational role thus a legitimate power. For instance, the criminal justice system has the authority to protect its citizens from harm and to punish offenders. These are duties delegated to the criminal justice system and thus have the authority to prosecute and convict criminals and enact laws to govern the rights of citizens. Legitimate authority is only applied if the individual has the power to influence others whereby although people may not agree what they are asked to do, they do it anyway ( Cole, Smith & DeJong, 2018).
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Power on the other hand does not form a base of criminal justice organizations because it can led to abuse. If power is not exercised through discretion, it can result in the people with power taking advantage of others. Criminal justice system possess massive amounts of power that might be used against citizens to limit their freedom. It is important for criminal justice personnel to learn where powers can be applied legally. Therefore forming criminal justice system with authority would help to ensure the people in charge apply their powers legally; thereby exercise their powers through discretion. Authority and power are tools that the criminal justice personnel should use ethically and judiciously ( Cole, Smith & DeJong, 2018).
Role of Politics in Criminal Justice Organizations
Politics play a vital role in the criminal justice organization and this explains why it is important for the public to choose the best leaders who will provide the best leadership. Politics shapes the criminal justice system through the processes of lawmaking and passage of laws. The democratic political system affects the laws enacted by legislatures. Politics influences in all areas of the law since politicians authorize the law hence impacts on every level of the criminal justice system ( Cole, Smith & DeJong, 2018).
Additionally, governors in some states appoint criminal justice decisions makers while in other states, voters elect criminal justice decision makers. For instance, elected mayors in most cases appoint chief of police. The Supreme Court judges are appointed by the President of the United States, and are confirmed by the Senate. Both methods of appointments are extremely political and understanding them requires comprehension of the political process. The new appointments and the retirements from the Court generates changes in the position of the Court on the issues of criminal justice. This is an indication that the selection process of decision makers is political, thus politics has a profound impact on the U.S criminal justice system ( Cole, Smith & DeJong, 2018).
Pervasive Political Influence within Criminal Justice Organizations
Although political considerations are important in the criminal justice system, sometimes it is problematic part of the law. According to Cole, Smith and DeJong (2018) , the political influence is pervasive within criminal justice organizations because creation of laws is politicized. In most instances, the political leaders create and manage laws in a way that does not always serve the best interest of the nation but focus on achieving their own political interests. Politicization can result in drafting of ill-conceived laws, which may hinder ethical and competent administration of justice. For instance, unprincipled political leaders may utilize the issues of criminal justice to augment their power, electability, or popularity. Extreme politicization of criminal justice issues prompts politicians to participate in political demagoguery, which focuses on pleasing to the prejudices, passions, and emotions of the people rather than appealing to their minds. Decisions charged emotionally are not usually rational. Therefore, this overshadows the ability of the people to think clearly regarding solutions to the problems of crime.
Additionally, since politicians are influenced by several factors such as the lobbyists, business, donors, their constituents, and media among others, the criminal justice organizations are affected by all these factors as well. This can affect negatively on the credibility of the criminal justice system and their ability to prosecute crimes effectively. Judges are mandated to be impartial in their decision-making; however, the political motivations can affect their impartiality ( Cole, Smith & DeJong, 2018).
Moreover, judges often experience enormous political pressure when faced with decisions on certain convictions such as imposing a death penalty. Refusing to do what the politicians want exposes the judge to attacks from political opponents. The parole board members are chosen by the governors, therefore, the decisions made the board mirrors the governor. If the parole board commits a crime, the political opponent and the media will blame the governor. This is an indication that in some circumstances, the governor might pressure the parole board members to make certain decisions ( Cole, Smith & DeJong, 2018). Therefore, the parole boards are vulnerable to the influence from the governors who selected them for the position.
Instances where Criminal Justice Administrators with Police, Courts or Corrections have abused their Power
Most states elect their prosecutors and they are deeply involved in politics. Since political leaders appoint the prosecutors, these prosecutors tend to tailor their career drives to the needs of the political party. Most prosecutors both at federal and state levels often use the position as a stepping-stone for higher political office. In some cases, the unprincipled prosecutor would abuse power by acting on the groundwork of political motivations by filing criminal charges against their political opponents. An example of such a case include the case of Kenneth Starr’s independent counsel prompted investigations to be done on President Clinton’s in the late 1990s on his extramarital affairs. In such a scenario, it is evident that prosecutors are heavily engaged in politics and their career desires can override their impartial justice thus become political animals. By doing this, they are able to secure their re-appointment and move to the next stage of their career ( Neubauer & Fradella, 2018).
In addition, criminal justice administrators have abused power with the courts and police by detaining people unjustly. The prosecutor might liaise with the courts or police to detain people without sufficient evidence. This is an abuse of executive power. An example is the rampant case of police officers in the U.S detaining African American males unjustly without evidence based on suspicion that they might be robbers, and on false accusations without adequate evidence ( Neubauer & Fradella, 2018).
Another instance of abuse involves off-duty police officers arresting and detaining people. According to the law, off-duty police officers should act like normal people, with exception of specific protocols and emergencies. An example of such an instance involves the case of Frank Jude, a 26 old African American male who was leaving a party, when he bumped into four off-duty police officers and attacked him. The attack was brutal and when the accused police officers were arraigned in the local court, the courts cleared their crime and they walked free. However, Jude received justice when the case was handled at the federal level, where the police officers were found guilty of the crime and were convicted ( Neubauer & Fradella, 2018).
Conclusion
Since politicians govern the criminal justice organizations, it is evident that politics has a huge influence the manner in which law is applied. Politics shape policing in significant lengths and levels of the criminal justice system. The politicians elect judges, they determine and implement the laws enacted by legislatures, and they influence the decisions of the parole board members. Despite politics being an integral part of the criminal justice system, there exists high likelihood of grave challenges generated by politics. Example of these problems include political motivations can affect the impartiality of judges and facilitate passing of ill-conceived laws that do not offer crime solutions. These challenges highlight the failures of the criminal justice organizations in exercising their duties and impartiality in their decision-making due to political pressures. For instance, the opposing political views and political power weakens the objectivity of the criminal justice organization thereby affecting their credibility and their ability to exercise their duty of protecting its citizens and punishing law offenders. Therefore, significant reforms are needed to address the challenges experienced in the criminal justice system because of political influence.
References
Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice . Cengage Learning.
Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system . Cengage Learning.
