Database Plagiarism By Abraham Masika Submission Date: 16 Fe
Database Plagby Abraham Masikasubmission Date 16 Feb 2023 0143pm U
Respond to each question separately in complete essay form, covering the following topics:
- The differences between the individual rights and public order perspectives, with an example.
- The various steps of the criminal justice process.
- Evidence demonstrating the existence of both individual racism and institutional racism within the American criminal justice system, including two examples and a current event attachment.
Paper For Above instruction
The criminal justice system in the United States is characterized by complex philosophies and processes that aim to balance individual rights with public order. Understanding these contrasting perspectives is crucial to evaluating how laws are enforced and how justice is administered. Additionally, examining the steps involved in the criminal justice process and the persistent issues of racism within the system offers a comprehensive view of current challenges.
Differences Between the Individual Rights and Public Order Perspectives
The foundational philosophies guiding criminal justice can be broadly categorized into the individual rights perspective and the public order perspective. The individual rights perspective emphasizes protecting individual liberties and freedoms against government intrusion. This approach advocates that the rights of defendants, accused persons, and citizens at large should be prioritized to prevent abuses of power and ensure fairness. For example, this perspective supports the right to a fair trial, due process, and protection against unreasonable searches and seizures, as enshrined in the Bill of Rights (Sorensen, 2020).
In contrast, the public order perspective prioritizes maintaining societal order and safety. Proponents argue that individual freedoms can be limited if their exercise threatens social stability or public safety. Under this view, the government has the authority to impose stricter laws and enforcement measures to prevent disorder and protect the greater good. An example would be supporting harsher sentencing laws or preventive detention practices, even if they limit personal liberties, with the rationale of deterring crime and preserving peace (Schmalleger, 2021).
These contrasting viewpoints reflect ongoing debates about the balance between individual liberty and societal protection. While the individual rights perspective safeguards civil liberties at the potential cost of allowing some offenders to go free, the public order perspective may compromise individual freedoms to achieve social stability. Policymakers often find themselves navigating this tension when designing laws and law enforcement policies.
The Steps in the Criminal Justice Process
The criminal justice process comprises several critical stages designed to ensure due process and fairness in handling criminal cases. The process typically begins with initial contact or investigation, where law enforcement officers respond to reports of crime, gather evidence, and identify suspects (Pollock, 2022).
Next is arrest, which occurs when law enforcement formally takes a suspect into custody based on probable cause. Following arrest, booking involves recording the suspect's details and the charges against them. This step often includes fingerprinting and photographing.
Subsequently, the case moves to court proceedings, beginning with an initial appearance, where the defendant is informed of charges and their rights. The preliminary hearing or grand jury evaluates whether there is enough evidence to proceed. If so, the case advances to arraignment, where the defendant is formally charged and can enter a plea.
Following arraignment, trial proceedings occur if the case is contested, involving opening statements, presentation of evidence, witness testimony, and closing arguments. The jury or judge then deliberates and renders a verdict. If the accused is found guilty, the process continues with sentencing.
Post-conviction, there can be appeals or post-conviction motions aiming to challenge the verdict or sentence. Finally, the defendant serves their sentence, completing the formal criminal justice cycle.
This systematic process is designed to protect individual rights while ensuring justice is served, balancing procedural safeguards with efficiency.
Evidence of Racism in the Criminal Justice System
Racism within the criminal justice system manifests in various forms, from individual biases among officers and jurors to broader institutional policies that perpetuate racial disparities. Evidence indicates both individual racism—biases held by persons directly involved in enforcement and adjudication—and institutional racism embedded within policies and procedures.
One example of individual racism is the disproportionate targeting and suspicion of minority individuals by law enforcement officers. Studies show that people of color, particularly Black Americans, are more likely to be stopped, frisked, and searched compared to white individuals for similar behavior (Geller et al., 2014). For instance, a 2019 New York Times article detailed how Black men are often subjected to heightened surveillance and assumptions of criminality, reflecting implicit racial biases held by some officers (The New York Times, 2019).
Institutional racism is evident in policies such as mandatory minimum sentencing laws, which have historically contributed to the disproportionate incarceration of minorities. For example, the War on Drugs led to harsh penalties for drug offenses, which disproportionately affected African Americans and Latinos, despite similar rates of drug use across racial groups (Alexander, 2010). Such policies exemplify how systemic structures perpetuate racial disparities.
Another current example involves the bail system, which disadvantages economically marginalized communities, predominantly communities of color. The reliance on cash bail often results in pretrial detention for low-income defendants unable to pay, effectively leading to a form of systemic discrimination that hampers fairness in criminal proceedings (Kang & Meares, 2020). These issues highlight persistent racial inequities, necessitating reforms to achieve a more equitable justice system.
Conclusion
Understanding the contrasting philosophies of individual rights and public order reveals the foundational debates shaping criminal justice policies. The steps of the criminal justice process demonstrate a structured approach aimed at balancing procedural fairness with societal security. However, evidence of both individual and institutional racism underscores the ongoing challenges within the system. Addressing these disparities requires continuous reform, policy changes, and increased awareness of biases to foster a more equitable justice system.
References
- Alexander, M. (2010). The New Jim Crow: Mass incarceration in the age of colorblindness. The New Press.
- Geller, A., et al. (2014). The racial divide in police stops in New York City. Journal of Urban Economics, 83, 34–55.
- Kang, J., & Meares, T. (2020). The collateral consequences of cash bail: Race, inequality, and pretrial detention. Harvard Law Review, 133(7), 2519-2587.
- Pollock, J. M. (2022). Ethics in Criminal Justice: A Crime Control Perspective. Cengage Learning.
- Sorensen, J. (2020). Criminal Justice: An Introduction. Routledge.
- Schmalleger, F. (2021). Criminology Today: An Integrative Introduction. Pearson.
- The New York Times. (2019). The racial bias in policing: Evidence from stop-and-frisk. https://www.nytimes.com