The History of Criminal Justice This is a reflective paper drawn upon knowledge acquired from various criminal justice courses that I have taken, as well as from the syllabus of materials utilized in this course (i.e., CJ 435 Organization and Management). This essay is intended to be my reflection on the theory of justice, considering the historical development, evolution, and structure of contemporary criminal and juvenile justice systems. Also, this paper addresses the theoretical and ethical foundations of justice, legal theory, and the role of the U.S Constitution. It consists of five sections, which are as follows: Criminological Theory, Policing, Ethics, Juvenile Justice, and Constitutional History. In each section, I will address two topics.
Criminological Theory
The reason for criminal behavior is not fully understood, but there are two theories I have studied which speak to this issue: Merton’s Strain Theory and The Social Contract Theory. I grew up in a family that was very close, but it was not a traditional family. My grandparents raised me, and even though I did not know it until I was older, we were quite poor. While I did not commit any crimes, I can relate to what these theories suggest lead people to committing crimes.
Merton’s Strain Theory
Merton’s Strain Theory is one of several theories of Criminology. This theory best fits why I believe crimes are committed. There are several ways that one reacts when placed in stressful situations, and a feeling of
An abundance of research has been conducted on how Robert Agnew’s strain theory can help better understand why crime is committed. However, limitations to this to theory have come to the surface. Some suggest that
In 1938, Robert K. Merton further developed strain theory to state that societies put pressure on individuals to achieve a certain level in the class hierarchy if they want to be respected. The strain of reaching this level then makes them fall to the temptation of crime, including prostitution, selling drugs, or theft, just for a chance to gain financial security, because too many people are either unemployed or underemployed.
In The Mythology of Crime and Criminal Justice it discusses the consequences of reality programs have on the public. One particular show called America’s Most Wanted, was giving information about a fugitive named Don Moore who was wanted for having different sexual interactions with fifth-grade students. What happened was that a worker named Richard Maxwell was thought to be identified as Moore even though his description was not very close to the actual suspects. The police officers arrested him in his workplace in front of his other coworkers and went to the police station to fingerprint him and was found innocent and allowed back to work. He sued “the city whose police officers had compounded the process initiated by the reality programming”(Kappeler and Potter 16). What the court also had found was that the police officers never asked any questions or his consent to the fingerprinting. They “had no grounds for suspecting Maxwell” (Kappeler and Potter 17). This sort of mistake can lead to reputations being destroyed and can affect their future employment.
The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for
Why do people commit certain crimes? Crimes are committed for many different reasons by people, but there is category of people who commit crimes in response to a State in which is biasedly against them and is posed to create some sort of statement and in many instances poverty can contribute to crime. Lets take the instance that if someone has grown up in a situation of poverty and is in a hopeless situation some individuals given those circumstances will turn to crime to get out of their poor conditions. Some may argue it is not an excuse because they are many who are poor who do not commit crime but on the contrary there are also many who are rich that do commit crime and get away with it due to their power or legitimacy. So we see that clearly if the conditions are bad or poor for somebody chances are that they is a higher possibility that some of those people might be involved in crime. There are some determinants that factor out in this consideration which is depending on the area and environment the individual surrounds themselves around with, there is a saying that “you are a product of your own environment”, due to this proposition the poor people get lack of opportunity to network with wealthy and educated individuals up in the hierarchy. They can only resort to the streets because of their environment, these people grew up in poverty and all around them is gang-affiliates, violent and drugs. The norms is that society considers
The research done for this paper examines different studies of juveniles and their place in the United States’ justice system based on their race, gender, and social class, as well as looks into policing tactics that may be beneficial to the affected youths. By looking at a wide variety of academic journals and books it was clear to see that youths are looked upon and treated differently depending on what their race is, the sex that they were born, or their family’s economic standing. Resulting in the outcome of these youths being treated more harshly than others due to aspects about themselves that are out of their control. Doing further research into the juvenile justice system and how it is structured to help certain youths while neglecting others, it is clear that the treatment of minority youths is entirely unjust and that a reform of this system is, without question, necessary, not only to maintain an even and fair justice system for juveniles, but also to help these minority youths strive in their lifetime rather than fall victim to a life of crime.
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
There are more people incarcerated in the United States of America than any other country in the world willing to count their inmates (Bureau of Justice Statistics, 2016). How can this be? Foremost, the criminal justice system in the United States of America (which is made up of the police, the courts, and the corrections) is not working toward reducing mass incarceration the way it should be. The criminal justice system is set up strategically to accomplish two goals: to bring in money and to gain power. The byproducts of achieving these two goals are mass incarceration, ethnic and racial profiling, and minimal justice. The system needs to change its goals to: reducing crime and doing justice. The police, the courts, and the correctional system all feed off of one another and affect each other. Therefore, if real change is going to be made, it needs to happen in all three branches of the criminal justice system. A system that seems to be working well is in Norway. Norway’s criminal justice system does not look like America’s system. The criminal justice system in Norway has different philosophies concerning crime, justice, and the corrections. "We don 't look at our inmates as criminals, but rather as regular people who have committed a crime." (Skulberg, 2010, p. 73) This is a quote from a Norwegian prison guard giving an example of the ideology in Norway. In order for the United States to reduce crime and to have true justice, first, the policing model needs to change
Merton established other forms that an individual might respond such as conformity, innovation, ritualism, retreatism and rebellion these explained an individual goal and the access to the means. This can either present a negative or positive outcome. For Merton these responses to deviance show how society strains people hence the name of the strain theory. The strain theory can lead to the triggers of feeling s that can become rage and defeat by society which can lead to a result in crime. The prodigious of society can caused an individual to engage in deviant behavior. These deviant behaviors are not society real and norms. This can explain why people engage in cat fishing.
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This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
The strain theory, developed by Robert K. Merton in 1957 is not only a criminology theory but it is a sociology theory as well stating that individuals do indulge in crimes because the society exerts pressure and puts a lot of strain on them while they are on the process of achieving socially acceptable goals. A good example of this socially acceptable goal is the American Dream whereas examples of crimes committed under strain theory include
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
Other criminal acts are due to how much will power and individual has to obey the law which is known as the Social control theory. Social theorists claim that a person’s actions and feelings of strong emotions are influenced by internal and external forces. People who do not have well valued morals and lack self control are more likely to commit a crime. Individuals that are poor, do not have a good job, and or do not have a close and respectable support system of friends and family, do not have much to lose. Everyone needs to obtain some sort of social tie or bond in their life otherwise the person has no boundaries for themselves. Travis Hirschi states, “Lawbreaking is often the most immediate source of gratification or conflict resolution, and no special motivation is required to explain such behavior” (Hirschi, 1969). If a person has nothing else going
Before going into college to study Criminal Justice, I had the same opinion as most people had when it came to criminals or deviant behavior. The classic “if you can’t do the time, don’t do the crime,” phrase was mentioned many times throughout my youth, whether it be for something as simple as an explanation for grounding me or to explain why doing the wrong things will give you a one-way ticket to prison. My life was surrounded by crime. I managed to separate myself from the “wrong-doers” with the help of my mother, but I still spent most of my life around law enforcement. To me, police officers were always the ones doing everything right. In my mind, if someone died at the hands of a police officer it was probably their fault, if they were beaten they deserved it, the police were only doing what they had to do to make our communities a safer place.