Criminal justice is a topic in criminal law. It refers to a system of methods of the government that ensure there is peace and order in the country (Langeluttig 58). Those that go against the law receive penalties and other forms of punishment. The main aim of criminal justice is to enforce principles of behavior that are essential in protecting individuals and the community at large from exploitation. The criminal justice system comprises of three sections (Langeluttig 59). The police enforce the law in the country while the courts deal with pronouncing judgment on the accused. The last section is the corrections department. It includes the prisons and jails that deal with correcting behavior. These three agencies operate as a team in an effort to maintain law and order in the society (Langeluttig 60). The current criminal justice system existed even in the ancient period. There are, however, changes that are in place such as new forms of punishment, rights and policing reforms. This paper is specifically about criminal justice in the American history from the years 1500-1877.
The American history of 1500-1877 covers the ancient colonial period in the history of the United States until the time of reconstruction of the country after the civil war. During this period, there was the American Revolution where a new constitution for the United States formed (Richard, and Anne 150). It incorporated the rights of the citizens and the procedures to follow in achieving criminal justice. Rules and regulations became clear to the citizens of the United States and anyone involved in criminal activities would have to go through the criminal system for there to be justice. The civil war broke during this period in the American history. There were social and political conflicts and many crimes were committed during this time. This brought about the system of criminal justice to deal with the offenders in the society.
In this ancient time, the criminal justice system did not include professionals to deal with the cases brought to them. There were no qualified lawyers or any other professionals in the field of law. The criminal justice system formed during this period in America was similar to that of France, England and Holland (Lawrence 22). However, with time the France and Dutch effects ceased from the system remaining with the main ideas of the English common law system. This common law was a group of rules and regulations that would solve issues in the society. The basis for common law was decisions made by previous judges in different cases. This system of justice distinguished between violent crimes and misdeeds. In determining justice for more serious crimes, a main jury involving community members would decide if there was enough evidence for prosecution. There were no public prosecutors involved and the criminal was responsible for funding the whole process. Through these fundamental laws, the colonialists during this period developed a new and remarkable criminal justice system.
Many factors determined the formation of the criminal justice system. This is because of the limited resources including materials of law and few legal professionals during this early colonial period. The colonialists came up with their own methods concerning the criminal justice system leaving space for mistakes and creativity (Richard and Anne 152). The new environment in the West affected the shape of the law especially the western frontier. The criminal justice system developed according to the colonialists needs as they settled in their country. There were self-appointed groups to maintain order, which emerged because of the ills of the development of justice in America. Legal codes such as those formed in 1648 included biblical references (Richard and Anne 153). Certain morally wrong behavior such as lying, drunkenness, some sexual offences and other bad behavior were criminal acts. A person who committed these offences would go through the criminal justice system. These moral crimes linked to religion where crime was a sin and sin was crime. They eventually influenced the creation of the current criminal codes.
There were various institutions of criminal justice during this American history period. A county sheriff was a crucial official in the criminal justice system besides his/her other responsibilities. These other roles included tax collection, supervision of elections and dealing with other legal affairs in the society. This meant that the sheriff was not an active member of the justice system. The sheriff would only follow up on improper behavior from other citizens. His pay was by means of fees from the tax collected, and this encouraged corruption from these officials who would embezzle funds. They, therefore, did not contribute much to the criminal justice system.
There were also judges and magistrates during this period. They were prominent figures in the system despite their lack of specific professional skills in dealing with crimes. A judge could handle a specific case, but severe crimes involved a bench of judges (Richard and Anne 153). They based their judgment on religion and often they helped maintain law and order in the community. The courts during this era were simple and without any formality. The court’s proceedings involved everyone to relieve tension in the society. Due to the lack of formality, the courts also had a responsibility in the county’s social and economic affairs.
The legal process in the criminal justice system during this era was quite different from the current one. After reporting a crime, the judge would determine the evidence available to find out if the crime was justifiable. If the crime were true, the accused would appear before a magistrate for questioning. When found guilty of committing the said crime, the criminal would have a chance for a trial so that he or she had a chance to admit the crime and resolve not to repeat. The trial and punishment were open to deter others from making the same mistakes. Caning using a whip was the most common form of punishment for criminals. Other included placing a person in a wooden box where the public would ridicule them. Imprisonment was not common during this time.
During this early colonial period, jails and prisons were not commonplace. They were not a form of punishment but for holding people awaiting trial. They comprised children, women and men. There was overcrowding in these jails and poor sanitation was the order of the day. The workers in these jails would often demand bribes and other favors from the criminals. The slow development of elegant criminal justice system in America during this period brought many problems. The system was inadequate in dealing with crimes and enforcing law in the society. Criminal matters were the least concern of the sheriffs because of the small and unspecialized framework for dealing with the crime (Langeluttig 64). There were loopholes for people to avoid punishments and continue with crime. However, with time, a police unit funded by the government like the one in the modern society came into force to deal with crime.
The criminal justice system in American History from the 1500 to 1877 set a base for the establishment of the current system (Langeluttig 65). The concept of judicial precedent used today was there during the ancient time. Some criminal codes in the modern world are because of the early religious beliefs. Courts in the contemporary world have judges and magistrates who take the accused through the court’s proceedings. There are prisons specialized for the juvenile, male and female offenders. The modern police enforce law as an arm supported by government in ensuring maintenance of law and order within the society.
Works Cited
Langeluttig, Albert. The Department of Justice of the United States. Johns Hopkins
Press, 1927.
Lawrence, Friedman. Crime and Punishment in American History. New York: Basic
Books, Print. 1993.
Richard, Middleton and Anne, Lombard. Colonial America: A History to1763, (4th ed). 2011.
