Problems in Our Criminal Justice System Case Study

Introduction

The United States has one of the largest prison populations in the world. Approximately 2.2 million adults are under incarceration (Travis, Western & Redburn, 2014). The huge prison population has created many problems for the criminal justice system. This paper examines three main problems in the American criminal justice system which includes the high incarceration rates, the three strikes legislation and youth in the criminal justice system. In an attempt to resolve these problems, the paper highlights some of the probable solutions and as well as evaluating the effectiveness of such alternatives.

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The High Incarceration Rate

Since the 1970s, both the state and federal prison populations have steadily increased from about 200,000 to a whopping 2.2 million as of 2012 (Travis, Western & Redburn, 2014). This is the world's largest penal population. Although the United Status's population accounts for only 5% of the world's population, it holds about 25% of the world's prisoners (Travis, Western & Redburn, 2014). The US rate of incarceration now stands at one in every 100 adults. Most of the incarcerated adults are blacks and Hispanics (in fact more than half of the prison population if black and Hispanics) who are less educated and drug addicts. Some also have mental and physical illnesses.

The growth in prison population is attributed to the expanded criminal processing and sentencing in the justice system during the 1970s. The crime rate was growing during this time, and incarceration was proposed as the remedy. It was resolved that both at federal and state level, incarceration time would be increased for lesser offenses, a significant increase in incarceration time for violent criminals and repeat offenders and also drug and urban crimes were tightly policed leading to arrest of several offenders. In the 1980s, the Congress increased prison sentences for drug and violent offenses from 5, 10, 15 and 20 years which eventually saw prisons overcrowded over the next decades (Travis, Western & Redburn, 2014).

Solution

Increasing rates of incarceration in America's justice system can be reduced through sentencing reforms. For example, instead of incarcerating people who have committed nonserious, nonsexual and nonviolent offenses should not be incarcerated in state or federal prisons; instead taken to community correctional centers for rehabilitation. These should include drug addicts, people with mental and physical illnesses. When California was under pressure to reform its sentencing laws following a court order, it resorted to community corrections for minor offenses, and within one year it had reduced prison population within state prisons by 17% (Raphael, 2014). It means that incarceration rates can be greatly reduced with sentencing reforms.

Advantages and Disadvantages of Sentencing Reform as an Alternative to Incarceration

Sentencing reforms leading to the emphasis of community corrections for minor offenses is advantageous in many ways. It will reduce overcrowding in state and federal prisons. It will reduce costs incurred by the state and federal governments in incarcerating adults. Also, the communities will benefit from free labor from people punished through public labor for minor offenses.

Nonetheless, community corrections may lead to high recidivism because offenders are still within the community and do not get enough time to reform their behaviors as it would be when they are incarcerated.

Overall, recidivism may not be a major issue for people who have committed minor offenses. This means that using community corrections becomes a viable solution to increasing rates of incarceration overcrowding in prisons.

The Three Strikes Legislation

The lawmakers deliberated on ways of reducing crime rates both at state and federal levels. During the 1990s, most legislators argued that the best way to deal with offenders would be removing them from society for long periods. It was at this time that the public members had been complaining about criminals being imprisoned and released too soon. The discussions ended in the "three strikes, and you are out laws" where an offender would be jailed for a long time. Between 1993 and 1997, 24 states passed the three strikes sentencing laws which required that habitual offenders be incarcerated for at least 25 years or even serve a life sentence (Chen, 2008). Three strikes legislation would be effective in controlling crime. However, it would increase prison population eventually leading to overcrowded state and federal prisons.

Solution to Three Strikes Legislation

To solve prison overcrowding issues contributed by the three strikes legislation, the lawmakers need to relook into the laws and make necessary reforms. Instead of the three strikes legislation, it would be helpful to consider parole system reforms where transitional programs for inmates are introduced. The programs should be treatment oriented. In these programs, the offenders are not jailed for long; instead, they are subjected to treatment with the aim of reforming behavioral problems and making them law-abiding citizens. Texas State introduced such programs into its justice system and was able to save costs up to $30 million over a five year period and reduced the prison population by 2500 (Vitiello, 2013). Logically, treatment programs rehabilitate the offender and equip him or her with skills so that upon release, he or she can engage in economic activity to be busy and completely turn away from crime. With effective treatment programs, offenders shall not be required to spend a long time in prison.

Advantages and Disadvantages of Prison Treatment Programs

One of the advantages of prison treatment programs is reducing the prison population. It will also make productive men and women out of the inmates as skilled persons will be released into the community to contribute to economic development.

On the other hand, the main disadvantage of treatment programs will be increased spending in prisons as behavior experts are programs are initiated to rehabilitate the inmates as quickly as possible. However, these costs will reduce as recidivism is addressed through complete rehabilitation of habitual offenders and in the long run costs on these programs shall reduce. Thus, this alternative will work out to reduce the effect of three strikes legislation in prison population.

Youth in the Criminal Justice System

The problem of youth in the criminal justice system began with the famous "Central Park Jogger" where five youth were prosecuted for raping a banker although they were later found not guilty in 2002. Nonetheless, since the incident, many states have established a habit of prosecuting minors in the adult criminal justice system. On any given day, 2,700 youth are locked up in adult prisons where they experience sexual abuse, assault and even suicide and death (Ryan, 2013). States such as New York and North Carolina allow youth aged 16 or 17 years to be tried as adults and end up in jail only for 95% of them to be released at the age of 25 (Ryan, 2013).

Solution

A desirable alternative to prosecuting and imprisoning youth in the criminal justice system would be restorative justice. Restorative justice involves victim-offender-reconciliation and mediation whereby the offender and the offended are brought together so that offender apologizes and the offended accepts the apology. Restorative justice may be achieved through victim-offender-reconciliation as an educational directive as exercised in Germany (Taylor, 2016).

Advantages and Disadvantages of Restorative Justice as an Alternative to Prosecuting Youth

The youth are the energetic members of the society yet to convert their energies to building the nation. By subjecting offending youth to restorative justice, they are thought the importance of co-existing harmoniously with each other and lead to peaceful communities. Also, restorative justice increases confidence among members of the society in the justice system as the offender and the offended are reconciled and each reinstated through compensation for losses incurred.

On the other hand, restorative justice may be disadvantageous where the criminal act is likely to reoccur as a result of soft punishment for the offender. For example, in a case of rape, the offender may repeat the crime because he or she may feel that there are no tough penalties for such a crime. To balance such a situation, it would be necessary that sexual and violent criminal youths are subjected to long rehabilitative programs in the juvenile system.

Conclusion

The current criminal justice system is marred by problems that could be resolved by looking into existing alternatives. The overcrowding prisons can be addressed through avoiding contributing factors such as the three strikes laws and use of incarceration as the only means of punishment. Instead, community corrective systems should be established as well as treatment programs in prisons to shorten the term of imprisonment and ease the inmate population. For the youth, restorative justice should be considered as an alternative to prosecution.

References

Chen, E. Y. (2008). Impacts of "three strikes and you're out" on crime trends in California and throughout the United States. Journal of Contemporary Criminal Justice, 24(4), 345-370.

Raphael, S. (2014). How Do We Reduce Incarceration Rates While Maintaining Public Safety?. Criminology & Public Policy, 13(4), 579-597.

Ryan, L. (2013). Youth in the adult criminal justice system. Cardozo L. Rev., 35, 1167.

Taylor, C. (2016). Review of the youth justice system in England and Wales. Ministry of Justice.

Travis, J., Western, B., & Redburn, F. S. (2014). The growth of incarceration in the United States: Exploring causes and consequences. The National Academies Press.

Vitiello, M. (2013). Alternatives to Incarceration: Why Is California Lagging Behind?. Georgia State University Law Review, 28(4), 10.