Term Paper on Criminal Justice System: Challenges Facing the US

Introduction

Criminal justice system broadly refers to the set of processes and agencies established by the government to help in the control of crime and to impose penalties on citizens who violate the law. The system is involved in the apprehension, prosecution, defense, sentencing, as well as punishing of those suspected and convicted of various violations of the law (Feeley, 2017). The criminal justice system in the United States (US) is burdened by various challenges. Today, more Americans are in the criminal justice system as compared to any other time in the history of the country. The country has the highest incarceration rate among the developed countries, a factor that has led to overcrowding in prisons (Sharp, 2018). Moreover, the criminal justice system has been accused of being discriminative against minorities (Mears, Cochran, and Lindsay, 2016). This can be confirmed by the high number of incarcerated minorities as compared to other ethnicities. The US is largely considered the leader of the free world. It is therefore surprising that such huge flaws are found within its criminal justice system. This raises the question of whether such flaws are present in other developed countries. To answer this question, this paper will compare the criminal justice system in the US with those in the Netherlands and Germany. The focus of the study will be on the treatment of prisoners as well as how prisons are run in the US and the chosen countries. Before delving into these problems, the composition of the criminal justice systems in the three countries will be explored. At the end of the paper, recommendations will be made on how the cited problems can be addressed.

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Composition of the Criminal Justice System

To fully understand the problems within the criminal justice system, it is important to first look at its composition. By looking at the various agencies and institutions making up the criminal justice system, it will be easier to point out the causes of the flaws within the system as well as measures that can be taken to remedy them.

The United States

In the United States, the criminal justice system is made up of various federal, state, as well as local agencies tasked with the prevention and punishment of violations of law. The agencies, in their capacities, process the suspects, defendants, as well as convicted offenders. The decisions made by the various agencies and institutions are interdependent. The legislative, executive and judicial branches of the government provide the basic framework of the system. The legislature, at both the federal and state levels, defines crimes, set sentences, and fund the criminal justice agencies. The judiciary interprets the law, at the appellate level, and makes judgments on various offenders, at trial courts. The executive branch is involved in the appointment of judges as well as heads of the various agencies and institutions. This branch can also champion the improvement of the system by mobilizing public opinion. Other institutions in the system include police departments, courts, and correctional centers (Neubauer and Fradella, 2018).

The Netherlands

The criminal justice system in the Netherlands is tasked with the maintenance of social order, mitigation of crime, as well as punishing and rehabilitating those who are found culpable of violating the law. The criminal code in the country is based on the Napoleonic Code. Though the code was created during the French empire, it has undergone some significant changes, especially regarding provisions on rehabilitation. The national police enforce the law. The rules to manage the police are crafted by the States General. The Minister of Justice and Security oversees the central administration of police. The judiciary is involved in the judgment of offenders (Malsch, 2016).

Germany

The criminal justice system in Germany bears various similarities to the US and the Netherlands. It is made up of the police and the judiciary. The police apprehend the offenders while the judiciary prosecutes and sentences them. The system is also composed of various probation and penal institutions that seek to rehabilitate the offenders (Hoffman, 2016).

Sentencing and Prison Treatment

As mentioned earlier, the prison population in the US has been on the rise. The trend has partially been fueled by harsh sentencing practices in the country. Resultantly, many formerly incarcerated citizens have been disenfranchised, left homeless, and unable to fend for themselves and their families (Subramanian and Shames, 2013). In light of this trend, and the cycle that it creates, it is paramount to improve the sentencing and prison treatment practices in the country. This can be achieved by looking at the practices in other countries. In this part of the paper, practices in Germany and the Netherlands will be compared with those in the US.

Sentencing and Prison Treatment in the US

Over the past years, crime control policies in the US have largely been pegged on the use of prisons. This move has been informed by the belief that the only way to maintain public safety is through incapacitation and the use of punitive sanctions. In line with this belief, policies such as habitual offending legislation, mandatory minimum sentences, parole release restrictions, truth-in-sentencing legislations, as well as general increase in length and number of custodial sanctions have been enacted. Owing to these measures, the prison population had increased by 705% in 2012 as compared to 1972 (Subramanian and Shames, 2013). With 1 in every 104 adults incarcerated, the United States has the largest rate of incarceration in the entire world. In the 2012 fiscal year, $53.3 billion was spent on state corrections. Despite the huge expenditure, the move has not yielded, the expected results. The reduction in crime rate has been minimal.

Moreover, the correctional facilities are not successfully carrying their rehabilitative mandate since more than 4 out of every ten offenders are bound to go back to prison within three years of release (Subramanian and Shames, 2013). This number is as high as 6 in every 10 in some states (Subramanian and Shames, 2013). These statistics beg the question of whether the country should seek alternative correctional and sentencing strategies to improve public safety outcomes. Such thoughts have been supported by Americans who think that too many resources are spent on imprisonments with little returns. Increasingly, the thought that being tough is not the only way to attain public safety is being entertained.

Other than the higher rate of incarceration and the longer periods of prison sentences, the conditions of incarceration in the US are worse than those in other developed countries. At the individual, institutional, and physical levels, the incarceration conditions are more deplorable as compared to Germany and the Netherlands. The conditions of prisons are less humane in the US. The punishments are also harsher in the US. For instance, studies have revealed that more than 4,000 prisoners across New York are in isolation every single day. This kind of isolation interferes with the prisoners' education and rehabilitation process. Surprisingly, rather than seek to improve the rehabilitation and reintegration strategies, the state of New York has spent millions of dollars to expand the isolation cells network (Kim, Pendergrass, and Zelon, 2012). Prisoners in the US suffer collateral consequences of conviction that haunt them even after release such as restriction on professional licensing, housing, lower access to social benefits, and suspension of driving licensing licenses.

Sentencing and Prison Treatment in the Netherlands and Germany

Just like the US, the Netherlands, and Germany too, grapple with the questions of the role of punishment in the criminal justice system who should be punished, how, and under what conditions. However, regardless of this, these countries have been able to address the questions in better ways than the US. For instance, while the rate of incarceration in the US is approximately 716 in every 100,000 residents, the rate in the Netherlands is 82 in every 100,000 citizens (Subramanian and Shames, 2013). The rate of incarceration in Germany is 79 in every 100,000 citizens. The criminal justice systems in these countries are entirely built around rehabilitation and resocialization. According to the Prison's Act in Germany, rehabilitation to make the prisoners lead more responsible lives on the release is the main aim of incarceration (Subramanian and Shames, 2013). According to the German Federal Constitutional Court, public safety is not achieved through confinement alone. Rather, the successful re-integration of the offenders into society is the best way to achieve public safety.

Similarly, the main aim of the Penitentiary Principles of 1998 in the Netherlands is to re-socialize the prisoners through collaboration between the prisons and the community (Subramanian and Shames, 2013). The principles of normalization and rehabilitation inform the sentencing practices in these countries. This is completely different from the US, where incapacitation and retribution are the key aims of the rehabilitation system.

Moreover, the criminal justice systems in the Netherlands, as well as Germany, use incarceration less frequently as compared to the US. When used, it is usually for shorter periods. Heavy reliance on non-custodial sanctions, as well as diversion, means that only a small percentage of the convicted offenders get incarcerated. It is estimated that only 6% and 10% of convicted offenders get imprisoned in Germany and the Netherlands, respectively. Fines are extensively used as the primary sanction in the two countries.

On the other hand, 70% of the convicted offenders in the US are incarcerated and frequently for longer periods (Subramanian and Shames, 2013). In 2006, 75% and 92% of all prison sentences were less than 12 months and less than two years, respectively in Germany in 2006. Moreover, 75% of them were suspended (Subramanian and Shames, 2013). 95% of all prison sentences in the Netherlands were less than two years in 2012. This is a huge contrast from the US, where the average prison sentence is three years (Subramanian and Shames, 2013).

The state of the conditions of incarceration in the Netherlands and Germany is largely informed by the aim or resocialization and reentry of the prisoners into the society (Subramanian and Shames, 2013). As a result, the system invests in the daily lives of the prisoners and seeks to cultivate positive interactions and relationships between the offenders and the staff. These countries also emphasize on education and vocational training. This approach towards rehabilitation and resocialization is pursued on an individual, institutional, as well as physical basis (Subramanian and Shames, 2013). At an individual level, the conditions of incarceration are not punitive. A custodial sentence is considered to be enough punishment. Therefore, incarceration is meant to help the prisoners lead more productive and independent lives once released into society. To achieve this, the prisons seek to equip prisoners with various skills. They are also given freedom of expression and some control over their daily lives, such as wearing their own clothes and preparing their own meals (Subramanian and Shames, 2013). Moreover, both education and work in the prison system are remunerated. To preserve human dignity, the privacy of the inmates is highly observed. The German system has mother-baby units that allow for the development of maternal and child bonds.

At the institutional level, the staff in the correctional facilities are professionally trained. In Germany, the staff in the facilities are trained to prioritize incentive and rewa...