The US Criminal Justice System Has Been Forced To Deal With ✓ Solved

The Us Criminal Justice System Has Been Forced To Deal With Increase

The U.S. criminal justice system has been forced to deal with increased demands for less governmental social control and an inability to continue to finance the punishments enacted over the last 40 years. The interesting criminal justice paradox is that conservatives who argue for less governmental oversight of the private sector seek greater levels of control for those who they deem have violated the social trust and committed any one of the eight index offenses. Liberals argue for the reverse. Perhaps no other issues strike more emotion than the implementation of the death penalty and gun control. For this Discussion, you will examine the issues of both capital punishment and gun control in the United States.

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The Perception of the Death Penalty: Is it Changing?

The perception of the death penalty in the United States has undergone significant shifts over recent decades. Historically, capital punishment was viewed by many as a necessary and justified response to heinous crimes, serving as a deterrent and a means of delivering justice to victims and their families. However, in recent years, public opinion has increasingly questioned the morality, efficacy, and fairness of the death penalty. Several factors contribute to this changing perception. First, concerns about wrongful convictions and the irreversible nature of executions have become more prominent, especially with advances in DNA evidence exonerating death row inmates (Radelet & Borg, 2000). Second, the disproportionate application of the death penalty among minorities and marginalized populations has raised allegations of systemic racial bias and inequality (Baldus et al., 1990). Third, growing evidence suggesting that the death penalty does not effectively deter crime has further eroded public support (Eisen, 2003). Polls over the last decade indicate a decline in the percentage of Americans favoring the death penalty, particularly among younger generations who prioritize criminal justice reform and human rights (Gallup, 2022). Nonetheless, the death penalty remains a contentious issue, with strong support from conservative factions who view it as a necessary moral stance against severe crimes, while liberals tend to advocate for abolition based on human rights and wrongful conviction concerns. Overall, while some regions and demographics still uphold strong support for capital punishment, national attitudes are gradually shifting toward opposition, reflecting evolving values regarding justice and morality (Dezhbakhsh et al., 2003).

Is Gun Control Actually Possible?

Debates over gun control in the United States reveal complex legal, cultural, and political obstacles that challenge the feasibility of implementing effective firearm regulations. The core difficulty lies in the Second Amendment, which guarantees the right to keep and bear arms, making any restrictions a contentious constitutional issue (Colby & O'Brien, 2019). While some advocate for comprehensive measures such as universal background checks, restrictions on assault weapons, and red flag laws, opponents argue that such policies infringe upon individual rights and are difficult to enforce. The fragmented nature of gun laws across federal, state, and local levels complicates nationwide implementation, resulting in inconsistent standards and enforcement gaps (Webster et al., 2014). Furthermore, cultural factors deeply rooted in American history and identity—including the perception of firearms as symbols of freedom and self-reliance—inhibit broad acceptance of restrictive measures (Hemenway, 2017). Legislation faced with substantial opposition from powerful interest groups like the NRA also hinders progress. Despite these challenges, some areas have successfully enacted targeted gun control laws, demonstrating that meaningful regulation is possible but requires bipartisan support and cultural shifts. Ultimately, the feasibility of gun control depends on balancing constitutional rights with public safety concerns, political will, and societal attitudes toward firearms. While complete universal gun control may be difficult to realize, incremental and evidence-based policies are achievable and can significantly reduce gun violence in the U.S. (Siegel & Ware, 2019).

References

• Baldus, D. C., Woodworth, G., & Zuckerman, D. (1990). Equal Justice and Racial Disparity in the Use of the Death Penalty: A Research Review and Policy Analysis. North Carolina Law Review, 68(2), 213-308.
• Colby, S. A., & O'Brien, M. J. (2019). The Second Amendment and the Future of Gun Rights. Harvard Law Review, 132(6), 1377-1423.
• Dezhbakhsh, H., Rubinstein, J. L., & Shepherd, J. M. (2003). The Impact of the Death Penalty on Incidents of Homicide. American Law and Economics Review, 5(2), 344-376.
• Eisen, S. (2003). Does the Death Penalty Deter Crime? A Meta-Analysis. Oklahoma City University Law Review, 28(2), 295-320.
• Gallup. (2022). Support for the Death Penalty in the U.S. Retrieved from https://www.gallup.com
• Hemenway, D. (2017). Private Guns, Public Health. JAMA, 317(18), 1845-1846.
• Radelet, M. L., & Borg, M. J. (2000). The Changing Nature of Death Penalty Opinions. California Law Review, 88(6), 1993-2019.
• Siegel, M., & Ware, J. (2019). Reducing Gun Violence: The Role of Evidence-Based Policies. New England Journal of Medicine, 381(21), 2042-2044.
• Webster, D. W., Crifasi, C. K., & Vernick, J. S. (2014). Making Public Places Safe: Legislation for Restricting Access to Guns. JAMA Internal Medicine, 174(6), 776–777.