Essay Sample on Politics of Criminal Justice

Introduction

The criminal justice system has evolved over the years in a bid to remain relevant to the modern society's ever-changing needs and dynamics. The model that the criminal justice system was founded could not have anticipated the realities of the present-day society. All aspects of life require the vital role played by the various institutions in the system. Basically, this system comprises of institutions such as the law-enforcement agencies, the court system, and correctional services. Since inception, these institutions have contributed to social order in a significant way. They primarily prevent crime as well as hold accountable individuals who act in violation of established laws. This paper will discuss the notable differences in practices, goals, and methods adopted by the modern criminal justice system in comparison with the traditional justice system as documented by Foucault.

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There is a difference in goals and methods of punishment practiced today as compared to the historical trends noted by Foucault. The modern criminal justice has adopted new objectives regarding the role punishment plays in deterring future crime. The focus has shifted from the conventional aspect of simply identifying if an act has been established and whether it is punishable. Today's justice system seeks to confine and correct perpetrators of crime (Foucault 20). As such, the system tries to repay the victims against whom a crime has been committed. The methods of punishment have evolved from just causing physical harm and pain to the body. The today's justice system has embraced denial of liberties that does not inflict any bodily injury.

Through imprisonment, the offender is denied numerous liberties (McHoul et al. 33). The modern criminal justice system has sought to punish wrongdoers such that the impact is most significant on their hearts, thoughts, and inclinations toward crime. Thus, the element of pain has been eliminated. The modern criminal justice system has regularized punishment, through the adoption ofrefined and universalized measures. Presently, the punishment techniques do not only focus on the individual offender; instead, they are geared towards warning other potential wrongdoers in the society (Foucault 26). By observation of perpetrators of crime been punished, the system aims to scare off potentially guilty persons. On the contrary, punishment in the historical context was solely aimed at punishing individual persons for wrongs committed. The harsh penalties used were purposely meant to arouse the sign of the punishment, whenever an individual developed a criminal thought.

Power influences the current discipline techniques. The use of science and technology has affected the manner in which discipline is enacted in the society. It has incorporated the use of instruments, hierarchical observation, normalized judgment (McHoul et al. 57). Resultantly, the disciplinary norms that entailed closure and confinement of wrongdoers are slowly fading out. They are in turn being replaced with openings and empty spaces. Modern criminal justice has incorporated norms such as observation, recording, and training of the prosecuted criminals in a bid to facilitate their reunion back into society. The correction has been made a somewhat holistic approach that aims to do more than just instill discipline in the community. Today's system analyses illegal acts with precision and holds members accountable for truths (Foucault25). Compared to historical origins, discipline power objectified members of the society. The effects of the discipline enforced in institutions such as barracks, schools, and areas of work such as factories, were only felt. The people could not observe it directly.

Various methods of surveillance have become part of the modern criminal justice system. Monitoringis geared towards enabling efforts of qualifying, classify, and punish accordingly. Observation and recording of behaviors help in the determination of correction programmes for the wrongdoers. Circuits of observation and communication facilitate in-depth analysis of individuals and their motivations towards crime. The purposes of surveillance are to monitor progress made and to tailor the forms of punishment, with the aim of creating a reformed and rehabilitated individual. Panopticism as a practice has influenced the operations of the criminal justice system. The confinement of inmates with the intent of emphasizing the function of external power and authority has gone beyond the prison systems (Foucault 29). Institutions in the modern world have elements of panopticism such as watch towers for the exercising of mechanical power over members. It is a form of quarantines that is paired with surveillance, to increase the effects of power over individuals. The historical origins reveal a panoptic system that encouraged bars, chains, and locks whereas the modern system allows for space and openings.

The practices of incarceration system in the modern criminal approach entail the separation of wrongdoers from society. The primary aim of eliminating them from the rest members of the community is to teach the latter a lesson. Those incarcerated are subjected to different forms of labor. The purpose of this practice is to impart some skill to them, while at the same time, deriving some economic gains from the exercise (Foucault 36). The system practices subjection is dependent on the ills committed, and thus, it seeks to distinguish the various types of vices. These purposes are different from what prison was intended for. The original practices included identifying wrongdoers and isolating them in fixed spaces. The system was aimed at classifying and benefiting from them maximally.

Conclusion

In conclusion, differences and evolutions of the criminal justice system have impacted the delivery of justice for the society at large. The documentation by Foucault describes the disparities in the system and the impact they have had. The comparison shows different aspects, practices, and the purposes the two systems sought to achieve in upholding discipline and morality among members of the society. The institutions of power played a crucial in both systems, by facilitating numerous reforms in the criminal justice system.

Works Cited

Foucault, Michel. Discipline and Punish: The Birth of the Prison. Vintage, 2012.

McHoul, Alec, Alec McHoul, and Wendy Grace. A Foucault Primer: Discourse, Power, and the Subject. Routledge, 2015.