The Modern American Justice System

The American criminal justice system is a product of different social, political, philosophical, and legal theories that have been proposed over the centuries. For instance, pre-classical theories insisted that criminal activities resulted from religious and supernatural factors, thus the need to exorcise the offenders or open their skills to release demons. The punishments at the time were inhumane as they included public stoning, burning at the stake, beheading, quartering, and drowning (Snipes et al., 2019). The Enlightenment era brought a change in perspectives regarding causes of crime, with Hobbes establishing that human beings are rational, meaning that they can choose between right and wrong. Cesare Bonesana, Marchese de Beccaria, an Italian philosopher, jurist, and a classical school of criminologist, revolutionized the criminal justice system by bringing in new perspectives and theories. Beccaria is considered the father of criminal justice since he proposed reforms that would enhance justice and fairness. Beccaria lived in an era marked by increasingly authoritarian governments that hampered fairness in the courts of law. Minor crimes such as stealing food would attract hefty punishments, with offenders being imprisoned for life. This extreme punishment paved the way for the social contract theory that establishes that ‘the true measure of crimes is namely the harm done to the society’ (Snipes et al., 2019, p. 66). Beccaria established that every crime should attract particular punishment regardless of contextual circumstances revolving around the act. This proposal found its way into the American criminal justice system, considering that punishment is almost commensurate with the extent of harm occasioned by the crime. Capital offenders who engage in murder, espionage, treason, or large-scale drug trafficking may be executed or sentenced to life without the possibility of parole. At the same time, misdemeanors attract fines or community service. The variations in punishment indicate that the criminal justice system is committed to fairness, an aspect that Beccaria proposed in his social contract theory. The modern American justice system upholds fairness by cross-examining witnesses to validate the evidence that has been given to support accusations. This aspect of criminal justice is credited to Beccaria, who condemned the practices at the time where the courts allowed for secret accusations. Instead, he proposed that witnesses should be confronted publicly to increase the chances of providing credible testimonies (Snipes et al., 2019). In a bid to ensure the adoption of this reform, Beccaria set a legal standard that would be used to guarantee defendants the right to listen to witness statements. This provision ensures that defendants understand exactly the grounds of the accusations and, in turn, the trial. In line with the defendant's right during the criminal procedure, Beccaria highlighted the need to eliminate torture against suspects to elicit confessions. According to Snipes et al. (2019), Beccaria asserted that any information obtained through torture should be disregarded since it is worthless. While the American criminal justice system adheres to cross-examining witnesses, there is a provision that condones the torture of terrorist suspects. This torture is warranted, considering the danger that terrorists pose not only to the US but to the entire world. The trial process receives a lot of attention, considering that it may incriminate or redeem suspects depending on how well jurors adhere to legal provisions. Beccaria established the need for public participation in the process by selecting a jury that includes suspects' peers (Snipes et al., 2019). This jury is mandated to determine if the suspect is guilty or innocent after listening and assessing the evidence presented by both sides. Apart from a jury of peers, Beccaria proposed that the decision-making processes, including sentencing and punishment, should be public knowledge. The American criminal justice is based on these provisions, considering that defendants have a right to a jury hearing in addition to involving the public in the criminal procedure. The media plays a crucial role in providing the public with developments in cases that attract national interest making the process transparent and fair.

Reference 

Snipes, J. B., Bernard, T. J., & ‎ Gerould, A. L. (2019). Vold's Theoretical criminology. Oxford University Press, Incorporated.