Preview

Critical Issues in the American Criminal Justice System - Sentencing Decisions and the Death Penalty

Powerful Essays
Open Document
Open Document
4489 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Critical Issues in the American Criminal Justice System - Sentencing Decisions and the Death Penalty
Critical Issues in the American Criminal Justice System:
Sentencing Decisions and the Death Penalty

Richard W Ramsay

Dr. Allen Lowery
CJ 6624 – Court Administration
December 1, 2010

Abstract

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense Fund, and other scholarly works. Amongst the information given here are the detrimental effects of under-funding in the correctional system, the link between overcrowding and recidivism, the relationship between overcrowding and inmate violence, the ancient and moral foundation of many punishment philosophies, and the shocking number of crimes committed each year. Be forewarned that this paper focuses on the negative aspects and offers nothing in the way of a solution to these critical issues.

Crime is an issue that every country must deal with on a daily basis and here in the United States of America that is especially true. According to the FBI Uniform Crime Reports, the U.S. had more than 11 million crimes committed in 2008 (Federal Bureau of Investigation [FBI], U.S. Department of Justice - Table 1, 2009); this is a far greater number of crimes than that of any other country in the world. When looking at prison statistics, the U.S. also ranks highest in both total prison population and prisoners per capita. The U.S. Department of Justice reported that over 2.3 million people were being held in custody in state or federal prisons or local jails (Bureau of Justice Statistics [BJS], U.S. Department of Justice, Office of



References: Neubauer, D. W., & Fradella, H. F. (2008). America’s Courts and the Criminal Justice System (10th ed.). Belmont, CA: Wadsworth, Cengage Learning. Territo, L., Halsted, J.B., & Bromley, M.L. (2004). Crime and Justice in America: A Human Perspective (6th ed.). Upper Saddle River, NJ: Pearson Education, Inc. Carlson, P. M., & Garrett, J. S. (2008). Prison and Jail Administration: Practice and Theory (2nd ed.). Sudbury, MA: Jones and Bartlett Publishers, Inc. Jacoby, Joseph (2004). Classics of Criminology 3rd ed. Long Grove, IL: Waveland Press, Inc. Federal Bureau of Investigation, U.S. Department of Justice. (2009). Crime in the United States by Volume and Rate per 100,000 Inhabitants (Table 1). Retrieved on 11/28/2010 from http://www2.fbi.gov/ucr/cius2009/data/table_01.html Bureau of Justice Statistics, U.S. Department of Justice, Office of Justice Programs. (2009). Prison Inmates at Midyear 2008 – Statistical Tables: National Prisoner Statistics. Retrieved on 11/28/2010 from http://bjs.ojp.usdoj.gov/content/pub/pdf/pim08st.pdf Amnesty International. (2009). Figures on the Death Penalty. Retrieved on 11/28/2010 from http://www.amnesty.org/en/death-penalty/numbers NAACP Legal Defense and Educational Fund, Inc. (2010). Death Row USA: Winter 2010. Retrieved on 11/29/2010 from http://www.deathpenaltyinfo.org/documents/DRUSA_Winter_2010.pdf Haney, C. W. (2005). Prison Overcrowding: Harmful Consequences and Dysfunctional Reactions. Retrieved on 11/29/2010 from http://www.prisoncommission.org/statements/haney_craig.pdf

You May Also Find These Documents Helpful

  • Good Essays

    Kennedy, E. (1985). Prison Overcrowding: The law’s Dilemma. The ANNALS of the American Academy of Political and Social Science, 478(1), 113-122. doi: 10.1177/0002716285478001010. Sage Publications.…

    • 1571 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    prison privatization policy

    • 2129 Words
    • 14 Pages

    (9) Sabol, William J. 2007. U.S. Department of Justice, Bureau of Justice Statistics, Prisoners in 2006. Washington, DC: U.S. Department of Justice.…

    • 2129 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    Is the Court System Fair?

    • 1543 Words
    • 7 Pages

    Siegel, L. J., Schmalleger, F., & Worrall, J. L. (2011). Courts and criminal justice in America (10th ed.). Upper Saddle River, NJ: Pearson.…

    • 1543 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    George, C., & Smith, C. (2004). The American System of Criminal Justice (10 ed.). Belmont: Thompson Learning, Inc.…

    • 3492 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Private Prisons

    • 875 Words
    • 4 Pages

    Background As a nation, we have many issues that we must face. One of those issues is the administration of the, already overcrowded, prison system. This issue is one of the most taxing problems facing our criminal justice system. According to U.S. Department of Justice's Bureau of Justice Statistics, the prison population at year-end 2000, there were 1,381,892 men and women in State or Federal prison (U.S. Department…

    • 875 Words
    • 4 Pages
    Powerful Essays
  • Best Essays

    Anti Drug Abuse Act of 1988

    • 3023 Words
    • 13 Pages

    The prison population in this country has exploded. According to the Department of Justice in 2010 there were over 1.6 million people incarcerated in the U.S. (http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=11). In this exploration we will look at how the phenomenon of…

    • 3023 Words
    • 13 Pages
    Best Essays
  • Better Essays

    Gary Gilmore was executed on January 17, 1977 for going on a killing spree. He was shot in an old wooden chair by prison guards behind the state prison in Utah. Gilmore was the first person ever to be executed in the United States (Bole, W., 2009). The death penalty, also known as capital punishment, is when someone is put to death for committing a heinous crime such as rape or murder. Think about that for a moment. A person is killed for killing someone else. Is killing the murderer not just as bad as the murderer killing their victim? It is like mothers everywhere used to say, “Two wrongs do not make a right”. The death penalty is wrong because it costs taxpayers way too much money, they could have the wrong guy, there is a risk of it being botched, and it just prolongs the suffering of the prisoner 's family.…

    • 1462 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    In our society today jail’s serve an even greater purpose and plays an important role such as housing inmates for federal, state or other authorities because of overcrowding in their facilities, hold inmates sentenced to short terms (generally less than one year) (Hall, n.d.). They temporarily detain juveniles, mentally ill, and other pending transfers to appropriate facilities, and they also operate community-based programs with day reporting, home detention, electronic monitoring, or other types of supervision (Schmalleger, 2009). Jails and prisons are alike because they house criminals so that they cannot commit further criminal activity. If there were no jails what would our society do with the overcrowding issues going on with the prison facilities and since more prison inmates are sent to jails, the jails are overcrowded. The importance of jail is a must to keep prison’s…

    • 1516 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Many people are under the impression that the United States prison system is meant to punish those who have committed acts against the law. Although this is true, it has been proven that as a whole, the country has become exponentially more punitive, sentencing individuals at a far greater rate than in decades before. Nicola Lacey explains in American Imprisonment in Comparative Perspective that America is on an imprisonment “binge”. Until 1980, 110 people per 100,000 individuals were behind bars whereas today the numbers are increased to 740 people per 100,000. We live in a society of mass incarceration in which 1 out of every 100 adults are currently incarcerated. For a comparative perspective, America accounts for 5% of the world’s population while also accounting for 25% of the world’s incarcerated population. It is clear by the numbers that something has happened within the last thirty years to drastically increase the use of punishment. There are different explanations for the imprisonment binge in America, however the effects of incarceration on individuals, and consequences of penal practices have become a growing social problem. The extremely racialized incarceral system not only diminishes family life and distorts democracy, but also outcasts ex-convicts by discriminating them educationally and black-listing them from many everyday activities in society.…

    • 1568 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Crime Statistics

    • 649 Words
    • 3 Pages

    The crime statistics focus on giving out specific detailed information to the public and the government of United States about all the crime taken place in a certain period of time. The crime related information for the statistics is collected and published by different federal government agencies such as FBI, the department of Justice, the National Institute of Justice, etc. The statistics include data about how much crime is there; when and where crime occurs; what type of crime mostly occurs; who is most often victimized; how many criminals get arrested and punished. The published data is measured per 100,000 inhabitants on an area (Territo.2004).…

    • 649 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Justice "System"

    • 1399 Words
    • 6 Pages

    COLE, George F. The American System of Criminal Justice. Wadsworth Publishing Co, Inc. Belmont, CA. 1975.…

    • 1399 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    "History of the Death Penalty & Recent Developments." Justice Center. May 2005. University of Alaska Anchorage. 20 Sept. 2006.…

    • 686 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Death Penalty

    • 1916 Words
    • 8 Pages

    Federal Bureau of Investigation (2004, 2005). FBI uniform crime statistics. Retrieved January 28, 2006, from www.fbi.gov/ucr…

    • 1916 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Winters, Paul A. The Death Penalty: Opposing Viewpoints. San Diego, CA: Greenhaven, Academic Search Complete 1997. Print. 20 February 2013.…

    • 1713 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Due Process

    • 1623 Words
    • 7 Pages

    Meyer, J. and Grant, D. (2003). The Courts in our Criminal Justice System. Upper Saddle River,…

    • 1623 Words
    • 7 Pages
    Better Essays