Our Criminal Justice system has its advantages and disadvantages. There is no better way of evaluating these points than talking to practitioners who work within this system on a daily basis. This essay will focus on this very subject by presenting the views of a police officer followed by my own views on the subject of the Criminal Justice System.
Background of the Practitioner
The name of the female police officer who I interviewed for this is _____. She is from the Armed Forces background. She grew up as an Air Force dependent having been born in Asia and having lived for a certain period of her life in both Europe and the US. She claims that her frequent location changes have resulted in her living in different areas of the US and abroad. As a result, she easily adapts to new surroundings and is open to people from a variety of different backgrounds.. However, the longest place she has resided in is Maryland.
Before becoming a police officer, she had formerly worked in a private psychiatric hospital for Catholic priests and nuns. As far as academics were concerned, she attended a small liberal arts college with an aim to acquire a general arts degree, and, instead, ended up completing a degree in criminal justice at UMUC. She is married and has three children and describes herself as a political liberal.
Views of the Practitioner
The Officer feels that the main reason she became a police officer was because she liked to reach out to her community. She feels that helping people in need and protecting the community was a good way of reaching out to people. The role of a police officer, in her opinion, precisely fills that void of a community caretaker who is fair and unbiased, yet strict while dealing with people. She feels that upholding the law and, in a way, ensuring justice to aggrieved people in the community is a very fulfilling task. Having said this she distinguishes the concepts of Law and Justice as viewed and understood by her. In her opinion, Laws are primarily man-made and the whole gamut of law comprises a system that is enforced by the police, the judiciary and other elected officials. However, since they are man-made and customized to suit a varying set of situations, Laws can be sometimes arbitrary, confusing, and complicated. Every individual interprets the legal language in a different way, thus making it a confusing concept. On the contrary, she opines that Justice is beyond the system of man-made laws and can differ from person to person or group to group. Justice tends to change with culture, traditions and, sometimes religion. While Laws focus on the text and justice primarily arises from feelings.
The current US Legal system is a sum of all such laws that have been compiled and modified since the last few hundred years or so. She is of the opinion that the U.S Criminal justice system is better than most countries, but is not without its share of small flaws or defects. The positive point of the US system is a constant push and pulls between state/victim rights and rights of the accused. This is probably the healthiest aspect of this system. In answer to critics who disapprove of the justice system, she admits that there are many areas that could be improved, but confronts that claim with the assertion that many aspects of government are also defective.
As an officer of the law she is of the opinion that all law enforcement officials must have certain intrinsic qualities that endear them to the people of that community. While she feels that there are many such qualities that one could list due to the varying expectations of different people from police officers, some qualities are common. These qualities are patience, good communication skills, strength of mind and body, good writing skills, good memory, compassion, detail oriented, suspicious mind, street smart, ability to relate to people of different race, gender, gender identity, sexual orientation, religion, ethnic background, country of origin, disability, etc. She feels, however, that most of these things cannot be taught, especially since race or other biases usually come to most people through one’s family or friends at a very young age. In a sense, therefore, Training teaches law and procedures and hones tactical skills, but the expected qualities come inscribed within person depending on that person’s background and upbringing.
As a police officer, she is well aware that Rehabilitation, incapacitation, deterrence, and retribution are the four pillars of any justice system. Any one or all of the above can be used by the law to ensure justice is served. However, she feels that most people would view one over the other. Being a police officer she is of the firm opinion that ‘Prevention is better than Cure,’ and hence she feels that deterrence is the best method. This method ensures that a specific crime is never committed and the respective subject is never arrested which, in turn, prevents the said person from entering the criminal justice system. She feels that from the point of view of a crime victim, the obvious answer would be retribution since only a victim would feel the pain of the crime to an extent that retribution would bring closure. For instance, she feels that when an offender assaults her on the job, she would certainly want the person duly punished by the courts. Additionally, she feels that Rehabilitation is also an important aspect within the criminal justice system for society to function smoothly. However, in her career, she has frequently encountered repeat offenders or arrestees who commit low level crimes like petty thefts. In such cases, the only time they don't offend is when they are incarcerated, so, in such cases, incapacitation could be the ideal punishment for these small numbers of repeat offenders. Being an officer of the law she has full faith in the US legal system and is sure that the US legal system has a good future.
My Views
Having examined the views of a person who is a practitioner and a constituent of the legal system, it becomes imperative that I present my view on some of the subjects mentioned. I will also endeavor to show that some of the points presented by this practitioner are not what the facts seem to say.
One of the primary points examined previously was the difference between law and justice. I strongly envisage the concepts of law and justice conceptually as a key and a lock combination. The establishment of a robust legal system requires a standard that society can easily perceive and differentiate. The differentiation and perception here would be between the cardinal concepts of “right” and “wrong.” The notions that society considers right or wrong are primarily based on the principles of justice that forms the basic ideology of Law. Once these principles of justice are firmly entrenched, the law locks the aforesaid ideology into a precise set of rules. When a person within that Society violates these rules it can result in severe consequences for that person.
In my own perspective, the fear of Law should not exist for the law abiding person who lives within the boundaries of morality. I believe that inherently laws are based on moral and ethical values, and, as a result, good people don't think that law is something that they should be very concerned about. However, not everyone thinks in the same manner and there are people who are deviant in their behavior. Some of us lie, cheat, assault or even kill others for reasons ranging from financial to psychological. Although, in a sense, Laws vary across geographies and countries, they share the basic concept that the people elected government of that country thinks is appropriate, both morally and culturally. These laws give law enforcement officials the necessary tools to protect Society. One should note that while justice endeavors to set things right for the victims and ensure parity, it doesn't have the absolute authority to render punishments to offenders. The precise reason for the existence of Law, then, is to mete out penalties in the interest of justice. While many of the qualities described by the Officer are important, I believe that it is a rational mindset that is most crucial to becoming a successful law enforcement professional. A rational mind will investigate situations in a proper manner and in accordance with the law, which is also rational (as opposed to justice that is driven by feelings). In addition, a rational mind will be above prejudices and other biases, which will ensure that the focus is solely on evidence to nab offenders rather than previous background.
As far as the four pillars of justice are concerned, I feel that Incapacitation is probably the most crucial. I believe that incapacitating a person would prevent recurring crimes. On the other hand, if a specific offender repeats instances of crime it would make sense to resort to Incarceration as method of punishment. In cases, where the crime does not involve murder, rape, arson or paedophilia, the system must avoid incarceration of prisoners with other dangerous offenders and must instead resort to Rehabilitation, although this is an expensive method of utility within the Justice System.
One of the crucial points about the US Justice System that the Officer seemed to talk about is that it is one of the better systems in the world with very few comparable countries. I would not particularly agree with this viewpoint and would like to challenge this viewpoint with a contrary assertion. The US Justice System sends the largest number of people to jail. This happens to such an extent that the US now has a population of almost 2.2 million, which is the largest in the world. (Roy, 2015, p. 2) The rate of people incarcerated has seen a steady rise since the 1970’s and most experts blame this phenomenon on a number of causes, particularly mandatory sentencing and specific laws such as the three strike laws. (p. 2) Therefore, one can view these points not as small inefficiencies of the system (as believed by the Officer), but, rather, as glaring inconsistencies. It would be safe to say that the US Justice System uses Incarceration as the sole method of punishment for almost all offences. The worst part is that even small time offenders who are held for petty crimes are often incarcerated with hardened criminals. This simply increases the risk of recidivism and, in turn, increases the rate of people entering the criminal justice system – either through the courts or through jails. Clearly, this is one point where the Officer’s replies seemed heavily biased, probably because she is part of the system and is not able to see the bigger picture that others could ideally view.
Lastly, one of the key topics is whether the Police should act as crime fighters or as public servants. I think the police should don the role of public servants rather than crime fighters. In order to illustrate this assertion, I would like to consider a study conducted by James Q Wilson in 1966 on the calls that were made by the public to the Syracuse Police Department in New York. This is called the Wilson's Classic Study of police calls (1966) which stated that "Approximately 10% of the calls police received were related to law enforcement, 30% to order maintenance, 22% to information gathering, and 38% to service calls." (Reid, 2012, p. 176) In this study, Reid observed that most police officers were serving a duty as a public servant most of the time rather than as crime fighters. Their duty seemed to lie more toward the public and community when attending this function (attending calls). Therefore, I believe that the police mindsets of representing themselves as crime fighters would not be a suitable role since it would alienate them from the community and the people. As a crime fighter, most police officers tend to view even normal everyday incidents as serious criminal cases. In addition, a police officer possesses a greater power in the Society as compared to officials, which also comes with a greater level of responsibility and rational decision making. Most Police officers are fair and ethical, but there are also a small number of police officers who digress from such behavior. If and when they do that, they mostly excuse themselves under the power that the police badge gives them. The Ferguson shootings as well as other similar incidents bear testimony to this fact. In these cases, a rational and fair decision making combined with a little sensitivity about the subject would have avoided such a disaster. Therefore, it is essential that police act as public servants.
I strongly believe impartiality, security and a sound judgment are the three essential qualities for police officers. I would like police officers to provide safety for Society, in general, and citizens, in particular. I would like them to be an integral part of the public, not an administrator of the streets. I also want them to teach people how to be alert when it comes to potential crime as well as to build trust with people instead of abusing their power. These collective qualities will bring them closer to communities they police.
In conclusion, I would like to say that our criminal justice system needs to really mend itself and be fair to the people who are unfortunate enough to enter it for whatever reasons. A moral and dutiful police force, similarly, would not only deter crime but would also strengthen the US legal system.
Reference
Reid, S. T. (2012). Criminal Justice Essentials. West Sussex, UK: Wiley Blackwell.
Roy, W. (2015, December). World Prison Population List. Institute for Criminal Policy Research. Retrieved from www.prisonstudies.org
