Criminal Justice System Essay Example

of non-citizens or undocumented immigrants who commit crimes within U.S borders., medical marijuana usage within correctional facilities , capital punishment practices and ongoing efforts towards prison reform. These unresolved issues require significant attention due to their impact on government operations. Additionally, dealing with offenders who have mental illnesses poses a significant challenge as there are currently no effective mechanisms in place within the criminal justice system.The issue of prison overcrowding in America is an urgent problem that requires the attention of various stakeholders (Smith, 2007). Law enforcement agencies and academic experts are collaborating to analyze data on the growing inmate population and find a long-term solution. The current problem of overcrowding is caused by limited prison space, fluctuating crime rates, changes in laws, and stricter enforcement policies. It is crucial for relevant authorities to comprehend these causes in order to effectively address the issue.

While harsher penalties for criminal activities have been identified as one major cause, not all crimes necessarily warrant imprisonment. Thus, the criminal justice system should consider alternative forms of punishment to reduce the number of prisoners under government surveillance and reserve imprisonment for serious offenders only. Moreover, frequent changes to laws result in more actions being classified as illegal, leading to an increase in criminal prosecutions. However, despite changes in the penal system, alternatives punishments are not readily available to offenders, leaving imprisonment as their sole option.

Research indicates that prison overcrowding is a significant problem contributing to high rates of repeat offenders, highlighting the need for improvements within the system. The impact of overcrowding on prisons remains uncertain since it can have both positive and negative effects. Nevertheless, double occupancy contradicts the

concept of confinement.Overcrowding in prisons can contribute to misconduct among prisoners and create challenges for corrections officers and wardens. The prevalence of mental illness among inmates in US jails is also a concern, with approximately 7% suffering from mental illness. Each year, almost 700,000 individuals with severe symptoms are admitted. To reduce repeated involvement in the criminal justice and mental health systems, as well as the number of mentally ill individuals incarcerated, criminal justice professionals, mental health experts, and advocates are calling for efforts to connect offenders with mental illness to community-based services. Fiack (2009) points out the current lack of a comprehensive approach in the criminal justice system for managing individuals with mental illness involved in criminal activities. Effective programs and models need to be established to address this issue and assist the judicial system. Evaluating offenders' mental instability has become more challenging due to recent cases claiming such conditions. Moreover, there is a shortage of proper facilities to house mentally unstable criminals separately from regular inmates, posing risks for all parties involved. Regardless of their societal status, mentally unstable offenders require specialized care and appropriate facilities provided by the justice system.Jail diversion programs are proposed as a solution to address the needs of individuals with potential mental disorders within the criminal justice system. These programs involve collaboration between mental health professionals, prosecutors, defense lawyers, community-based mental health providers, and magistrates to develop community-based mental health plans for mentally ill detainees. By connecting individuals with community-based mental health services, jail diversion serves as an alternative to examination or condition reduction for charges or offenses. However, there is limited research assessing the effectiveness of these

programs using client outcome data. Despite this, jail diversion programs have been found to stabilize symptoms, reduce jail time, facilitate community reintegration, and promote ongoing engagement in mental health services for targeted recipients. The increase in drug-related offenses has led to calls for alternative forms of sentencing for drug offenders instead of imprisonment due to overcrowded prisons and a lack of proper facilities.One possible solution is to implement probation sentences for drug offenders, which involve placing them in various programs to monitor their behavior and discourage future drug abuse. This probation period aims to bring about behavioral change without confinement, but it does involve surveillance. However, it should be noted that serious drug crimes may not be eligible for probation.

Immigration refers to the process of individuals relocating from one country to another with the intention of establishing a new home, often due to reasons such as work, studies, or other factors. Each nation has its own immigration laws that govern the movement of people across its borders. These laws are government policies designed to monitor and control the entry of individuals into a specific country (Archibold, 2010). The specifics of these laws vary between countries and are influenced by factors such as the political climate and security concerns.

Some countries have strict immigration laws that regulate both entry rights and internal rights, including things like government participation and duration of stay. Additionally, many countries have processes in place for naturalizing immigrants. For instance, in the United States, more than one million foreigners are granted lawful permanent residency each year, making it a highly sought-after destination for many individuals.

Nevertheless, illegal immigration has become a significant issue in

the U.S., with notable increases occurring during the 1920s and reaching its peak in the 1980s. The distinction between legal and illegal immigrants can be traced back to a state law enacted in 1875 that prohibited criminal entry along with prostitution.Between 1881 and 1920, the U.S. experienced its largest wave of immigration with 23.5 million immigrants from various parts of the world entering the country (Archibold, 2010). Since then, people from all over continue to travel to America seeking better opportunities in education, employment, and more.

Following the 9/11 attack, the United States implemented multiple immigration laws to regulate unlawful immigration (Archibold, 2010). These laws serve various purposes such as regulating international travel, preventing crime and the spread of diseases, protecting local employment opportunities, and ensuring national security.

Marijuana has a long history of human use but is considered prohibited in many countries. However, there has been increasing support for its legalization due to its medicinal properties. Marijuana is derived from Cannabis sativa and contains delta-9-tetrahydrocannabinol (THC), which is responsible for its effects.

Despite ongoing debate about its medical benefits, only fourteen states and the District of Columbia have legalized marijuana since 2010 (Uddin, 2011). Over time, there has been a noticeable rise in teenage marijuana consumption. As of December 2011 statistics show that one out of every fifteen high school students smoked marijuana daily. Teenage marijuana use has reached a three-decade peak while cocaine, alcohol, and cigarette usage have declined according to Uddin (2011).The increasing popularity of marijuana among teenagers is attributed by drug officials and researchers to their belief that the risks associated with it are minimal. This perception is thought to come from greater exposure

to medical marijuana and easier access to the drug. Supporters argue that, compared to alcohol, marijuana is safer for both individuals and society as a whole. In Colorado, there is a proposal to legalize small amounts of marijuana, which will likely be discussed during the upcoming US election campaigns. Legalization proponents claim that it would help regulate its use, particularly among young people, ensuring community safety and preventing increased availability of the drug. Those in favor of medical marijuana also recognize current substance abuse problems and believe that legalization could address this issue. An important advantage of using medical marijuana is its ability to alleviate chronic or neuropathic pain. A 2009 study examined how medicinal marijuana treatment affected HIV patients with neuropathic pain and found that 46% experienced a 30% reduction in pain when using medical marijuana compared to only 18% who received a placebo.This text highlights the effectiveness of medical marijuana in providing pain relief and its various benefits for patients with conditions like HIV and cancer. Medical marijuana can stimulate metabolism, increase appetite, reduce symptoms of nausea and vomiting in cancer patients undergoing chemotherapy, and relax muscles to improve quality of life. On a different topic, capital punishment refers to the state's act of putting an individual to death as a punishment for a crime. Throughout history, it has been used to suppress political rebels and punish serious criminals. Currently, it is primarily used for acts of treason, intentional murder, and espionage. However, some jurisdictions also impose the death penalty for crimes like adultery, rape, sodomy, apostasy as well as corruption and human trafficking in China. The main debate surrounding capital punishment is

whether it effectively deters future crimes.The debate revolves around potential offenders considering the possibility of facing the death penalty before committing murder. Some argue that capital punishment serves as an effective deterrent while others oppose this form of punishment (Keyzer, 2007). Supporters believe that executing murderers dissuades other potential criminals from committing similar acts, known as general deterrence. They also advocate for specific deterrence by executing convicted criminals to prevent them from perpetrating additional crimes (Keyzer, 2007).

However, conflicting evidence from various studies has sparked intense debates on both general and specific deterrence. Those in favor defend the use of the death penalty for murder due to its severity as a crime against humanity and believe it can prevent future offenses. They argue that fear of death effectively deters individuals since most people are afraid of being killed. Despite this, Keyzer (2007) argues that murders committed impulsively during moments of passion or under the influence of drugs are not deterred by the threat of punishment.

Jim Mattox, former Attorney General of Texas, shares a similar view that executions in the state were premeditated and unaffected by capital punishment. An alternative approach could involve imposing severe punishment such as long-term imprisonment to deter murderers without resorting to killing them.Studies conducted by criminologists have shown that capital punishment, also known as the death penalty, can actually lead to an increase in murder rates. This phenomenon, referred to as a brutalizing effect, occurs when killing becomes normalized under certain circumstances and human life is devalued. A study conducted by Glenn Pierce and William Bowers in New York from 1907 to 1963 found a slight rise in murder rates after the

implementation of the death penalty. Their research led them to conclude that capital punishment has the potential to discourage potential murderers by contributing to a society plagued with violence.

In 2008, another study demonstrated that states with capital punishment had an average murder rate of 5.2 per 100,000 individuals compared to 3.3 per 100,000 people in states without this penalty (Keyzer, 2007). These findings highlight how the frequency of practicing the death penalty in the United States compared to countries like Canada showcases its lack of effectiveness in deterring murder or other crimes.

For deterrence to occur successfully, a penalty must be consistently and swiftly administered so that potential criminals can clearly see the cause-and-effect relationship between punishment and crime. However, capital punishment fails to meet these conditions and remains ineffective at deterring crimes. It is important to note that since the 1980s, there has been a steady increase in the number of death sentences imposed each year reaching nearly 250 annually.According to Keyzer (2007), only 2% of reported homicide cases result in execution, indicating that just one out of every fifty murder cases is punished by death. This low frequency and limited number of executions suggest that capital punishment does not effectively deter future crimes. While the purpose of capital punishment is to discourage criminal activity, it is morally wrong to take someone's life. The act of killing is barbaric and inhuman; only the Lord has the authority to do so. Instead of resorting to capital punishment, alternative severe punishments such as long-term imprisonment can adequately punish serious crimes. Thus, capital punishment cannot be justified and is immoral.

In conclusion, there is no evidence supporting the idea

that capital punishment deters crimes (Keyzer, 2007). Furthermore, human life holds absolute sanctity, and there exists no justification for its termination even as a punishment for the most abhorrent crimes. It is crucial for states practicing capital punishment to acknowledge its ineffectiveness as a deterrent and transition towards more compassionate forms of punishment.

The criminal justice system faces significant challenges related to prison overcrowding, mental illness, alternative drug sentencing, immigration policies, medical marijuana, and capital punishment. Various proposals have been made to address these issues; however, their feasibility remains uncertain.Despite variations in prison conditions worldwide, implementing reforms within prisons is crucial for addressing concerns related to incarceration. These reforms, encompassed by the term "prison reform," consist of various programs and initiatives aimed at improving prison conditions and establishing an effective penal system that benefits society as a whole (UNODC, 2012). However, studies have shown that both the economic and social consequences of imprisonment often lead to recidivism rather than rehabilitation. Therefore, it is essential to implement measures that focus on prisoners' reintegration into society and protect their human rights according to global norms. It is important to consider the negative effects of imprisonment when contemplating prison reform, such as its impact on impoverished families and individuals. For instance, imprisoning the breadwinner of a family can significantly affect their financial situation in nations with limited government support. Additionally, families of inmates not only experience emotional strain but also face additional financial burdens like legal expenses, providing food for the prisoner, and transportation costs for visitation.Former prisoners often face social and economic exclusion even after their release, which limits job opportunities and increases the likelihood of returning to

poverty and criminal activities. Consequently, imprisonment perpetuates poverty for both the prisoner and their family as well as society as a whole. Moreover, prisoners from disadvantaged backgrounds often struggle to access proper healthcare services, exacerbating pre-existing health conditions due to unfavorable prison conditions such as overcrowding, limited nutrition, lack of exercise and fresh air, and inadequate sanitation (Smith 2007). Mental disorders, tuberculosis, HIV infection, skin diseases, hepatitis B and C, malnutrition, injuries,and diarrhea are the primary diseases that lead to illness and death in prisons. These illnesses also pose a risk to prison staff. Since prisons are not isolated from society,releasing prisoners back into the community puts the general public at risk of contracting similar diseases.The impact of incarceration extends beyond physical health problems; it also has negative social effects.It weakens social bonds and disrupts long-term relationships.Imprisonment can cause turmoil within families and negatively affect relationships between partners,parent sand children,and the wider community.Additionally,the imprisonment of an individual places a financial burden on their family.Low-income families face difficulties in meeting the expenses associated with incarceration, including providing for the prisoner's needs and covering indirect costs such as healthcare expenses and social/economic costs. To effectively reform prisons, it is crucial to approach it within the broader context of criminal justice reform. The UNODC (2012) emphasizes that successful prison reform requires improvements in criminal justice policies, sentence policies, crime prevention efforts, and treatment/care for vulnerable individuals in society. Achieving sustainable results necessitates addressing the needs of the entire criminal justice system and employing an integrated approach that includes institutions like the judiciary, prosecution, and police. Integrated prison reform should also consider areas typically excluded from the criminal justice

system such as mental counseling programs for mentally challenged prisoners instead of incarceration and drug dependence treatment programs. By addressing these key areas, we can meet both criminals' special requirements while ensuring that prison services are not overwhelmed. Pre-trial detention is an important aspect to consider in prison reform as it is often overused globally by majority nations violating international standards restricting its usage.The number of pre-trial prisoners in developing nations often exceeds that of convicted prisoners, contradicting established standards. The misuse of pre-trial detention is widespread within the criminal justice system. Global human rights instruments have implemented specific safeguards to protect detainees during this vulnerable time. These safeguards aim to prevent rights abuse, ensure fair treatment, and guarantee uninterrupted access to justice. It is important to remember that pre-trial detainees are presumed innocent until proven guilty.

Unfortunately, pre-trial detention conditions often exceed those for convicted prisoners, thus violating the presumption of innocence. Moreover, many impoverished nations face a scarcity of prison resources, which hinders detainees' ability to seek legal assistance and advice. Consequently, this increases the likelihood of prolonged detention periods or unfair trials and ultimately contributes to prison overcrowding (UNODC, 2012).

Crucial elements of prison reform involve enhancing access to justice, supporting paralegal and legal aid programs, improving information management systems , and fostering collaboration between prisons and courts for expedited case processing. Furthermore , it is imperative to establish monitoring and evaluation mechanisms to develop safeguards for individuals awaiting trial.Achieving equitable and humane prison management practices requires national policies and legislation to align with global standards that protect the human rights of prisoners. Prison authorities are responsible for ensuring inmates are treated and supervised

according to the law while using imprisonment as a means for successful reintegration into society. However, many countries have outdated laws and regulations related to prison management that urgently need reform. In some cases, military institutions or police departments oversee prisons without managers receiving specific training in prison management. Numerous prison systems face challenges such as low staff morale, ineffective leadership, and inadequate information collection systems, making it difficult to develop effective strategies based on reliable data. Therefore, prioritizing the creation of training programs to enhance the leadership skills of both prison managers and staff is crucial for implementing global norms and standards in daily practices. Overcrowding is a major problem faced by prisons worldwide, resulting from punitive measures, criminal policies, and insufficient social protection services within communities contributing to the alarming growth rate of inmate populations in various countries.The issue at hand is overcrowding in prisons, which leads to various human rights violations. While building new prisons may provide a temporary solution, it is not enough to effectively tackle this problem in the long run.