Changes in Laws Towards a Fair Criminal Justice System Essay Example

The expression fairness denotes to the acts of equity and justice. Fairness is the condition of being equal to people in a reasonable and right manner. Mostly, fairness focuses on being free from discrimination, favoritism, and treating all people equally. For instance, in criminal justice men are usually overrepresented in prison as compared to women. According to Berk the probability of a judge sentencing a man is usually on the greater side compared to the women (67). This is usually articulated to the fact that men are always expected to be pronounced guilty of violent crimes which lead to imprisonment. In this case, this is a sample of an unfair outcome. In criminal justice and sentencing everyone should be prosecuted regardless of their gender, race and by the law to enhance fairness. Even though laws can provide fair sentencing and criminal justice that might not be the case always. However, changing our laws could be a better option to address this inequality and achieving a fair justice system.

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Adjusting our laws could be the greatest milestone in achieving fairness in the criminal justice system. One of the ways towards this agenda is by eliminating the existing mandatory minimum sentences that are in place. For instance, Weldon Angelo's is subjected to 55 years imprisonment for selling marijuana. This was not a violent crime, but the judges who adjudicated his case were denied the freedom to exercise their judicial judgment. We can achieve fairness if only we can change this government mandate and allow our judges to prosecute each case on its own. In this way, the federal population will also reduce, and every crime will be charged fairly. This law has eradicated fairness in the criminal justice system, and thus we need to give the judges a chance to have a say in their prosecution duties.

Gender disparity is another key cause of unfairness in the criminal justice system. In a situation whereby two individuals have committed the same crime, the prosecutor may come up with different judgments based on gender biases. This is based on that women are thought to be less capable of committing crime cases. This results in harsher decisions of punishment to the men which is unfair. Having new sentencing guidelines will help in fair prosecutions since judges cannot impose any sentence they want. These guidelines are supposed to be free of any discrimination be it gender or racial and should be followed to the later. Every judge must be accountable in case they violate these guidelines and in any other case of unfair prosecution (Berk, "Fairness in the Criminal Justice System"). According to the guidelines every single crime is equal regardless of the person responsible.

Abolishing the death penalty law and adopting a better punishment law like life imprisonment without parole. It's only fair and rightful for every human being to live. The death penalty is usually more of revenge than a punishment. A fair criminal justice system should not be tied to bitterness and resentment; nevertheless; it should strengthen and have ways to fight violence in our communities. The death penalty is unjust, and something unjust is considered unfair. Imprisonment without parole is a better and fair way of punishment as it gives the individual a chance to reform and at the same time be productive and contribute to the country's economy.

Formulating policies that will address the racial inequity in the justice system will be of great significance. Racial discrimination has been a major hindrance to fair treatment in the justice system. Recent studies show that a person's color has a great impact on there, especially among the black. Buckler (268), indicates that out of every three judgments that are made one is racially biased. One's color should never determine the outcome of judgment as this considered to be unfair. Having a law that insists on criminal justice fairness regardless of skin color, race or originality will be of great essence. In the criminal justice and sentencing system, every individual will be treated according to the law without favoritism.

Adopting a fair sentencing act on drugs and abolishing the biased drug sentencing law. For the past decades, individuals arrested in possession of crack cocaine were subjected to severe punishments compared to those with powder cocaine. Having ten grams of crack cocaine was equivalent to five years in prison. For powder cocaine, one thousand grams was required for the same sentence (Buckler 274). This case is unfair because cocaine is just cocaine no matter its form; thus the sentence should be the same. By adopting a fair drug sentencing act, there will be an equal sentence on cocaine and all other drugs regardless of the matter promoting fairness in the justice system.

Conclusion

In conclusion, changing our laws will be a great milestone in this journey of restoring fairness in the criminal justice and sentencing system. Fairness is simply being free from biases and injustice. Fairness is when you get what you deserve and treating each or case as it is expected without inequality (Buckler 274). In our lives, fairness is somehow hard to achieve, and you cannot expect everyone to treat you fairly in this world. The concept of fairness in our day to day world is very important as it helps to strive for change to ensure what we practice is right.

Works Cited

Berk, Richard A. ">The Role Of Subjectivity In Criminal Justice Classification And Prediction Methods". Criminal Justice Ethics, vol 7, no. 1, 1988, pp. 35-100. Informa UK Limited, doi:10.1080/0731129x.1988.9991827.

Berk, Richard. "Fairness in the Criminal Justice System". Omnia, 2019, https://omnia.sas.upenn.edu/story/fairness-criminal-justice-system

Buckler, Kevin et al. "Racial and Ethnic Perceptions of Injustice". Criminal Justice Review, vol 36, no. 3, 2011, pp. 269-290. SAGE Publications, doi:10.1177/0734016811409396.