Abstract
This paper examines the criminal justice system of the United States and how it operates. It commences with the review of the judicial system of America and proceeds to examine government policies and how they have been utilized to deal with crime in America. Evidence shows that there is a challenge of defining an objective system of criminal justice in America because America’s bill of rights ensures that juries are utilized. This opens up the floodgate for various inefficiencies that compromises on defining the true elements of cases
A review of the OJ Simpson case shows that the criminal justice system of America is opened to various forms of manipulation and guidance which leads to problems and issues of public outcry and manipulation of evidence amongst others. Due to this, it is very difficult to define objectively, what it means to conduct a criminal case management process in order to bring out the truth.
The research shows that America is different from the UK and Germany because these European countries often limit the civil liberties of their citizens in criminal cases. They also utilize various professionals in evaluating cases. This ensures that objectivity is promoted to a higher degree and leads to more reliable and more consistent solutions to matters and issues. The United States might need to promote a better and more objective definition of major variables in criminal justice cases.
Introduction
The Justice system of the United States is regulated and constituted by Article III of the US Constitution which states that the Supreme Court will be in charge of the judicial system. The constitution states that the Supreme Court will dispense justice alongside its inferior courts. This has culminated in a system of justice which now represents the United States’ legal system. The purpose of this paper is to critically analyze and review the American court and criminal justice system which operates. This will be done in two forms – an absolute analysis and a comparative analysis with emphasis on other legal jurisdictions.
The American Justice and Court System
The United States legal system is made up of the federal court system and the state courts. The federal courts are limited in jurisdiction and can only hear cases authorized by US law to be heard in such courts whilst those not authorized to be heard in federal courts are heard in state courts according to laws of the state. Cases related to federal statutes, the constitution and treaties can only be heard in federal courts. In criminal proceedings, the case is brought by the prosecuting body or entity that is prosecuting the individual. State authorities can prosecute under state law whilst federal authorities can prosecute under federal law.
There are three classes of federal courts – district courts, circuit courts and the Supreme Court. In civil cases where federal and state laws have jurisdiction over a given matter, parties can present the matter to any of the two courts. The federal courts are made up of judges who are appointed by the president by the confirmation and approval of the US Senate.
The US justice system is adversarial and this was inherited from the English legal system. This implies that the parties to any legal hearing present their cases according to the procedures before a neutral party who decides on it. The criminal justice system is based on the state or federal authorities representing the people presenting a case to prosecute an accused person. A civil case is about two different parties making competing claims on a given issue and the judge rules over the situation and comes up with a solution.
An independent judiciary made up of courts is important and vital to ensure that the justice system of America works. This is because the judges are independent and free of politics and the influence of third parties. This implies that the judges are to interpret and apply laws to cases based on material facts. They do that by applying the law on what is presented before them. The judge’s fundamental obligation is to ensure that rules are followed by both parties in a court procedure and there is fairness on both sides in a given case.
Judges ensure that things are done on the basis of the actual laws and regulations. This includes the application of procedures and systems to the very features of the case in question. This ensures objectivity and fair application of rules and regulations. In criminal cases, a jury is convened which is made up of sworn citizens who decide on whether a given defendant is guilty or not guilty based on material facts. The jury examines the facts of each case and review the evidence in order to draw a conclusion based on the direction given by the judges on the main legal pointers to be sensitive to.
The American Criminal Justice System
The American criminal justice system goes beyond just the justice system and the judicial arm of the government. The criminal justice system is made up of law enforcement authorities, courts and correctional agencies. These groups come together to deal with the system of criminology and this leads to major processes of controlling and dealing with crimes that occur within the United States.
Criminal justice in the United States was somewhat limited in numerous ways and forms. This was put in perspective to the level it is within by President Lyndon B. Johnson who in 1967 signed the Law Enforcement Assistance Act which was to promote a framework for dealing with crime in a modern Capitalist society. The act was based on a commission that was authorized by the US government to investigate and deal with the needs of dealing with crime in society. The commission’s recommendation was signed into law which suggested that policing has to be increased and enhanced in order to reflect the true needs of the people in the United States.
The Law Enforcement Assistance Act provided the needed avenue for the provision of funds and resources for crime control and research into law enforcement. Through this, there was the possibility for each state and community to create a process and system in which criminal justice could be relevant to the circumstances in the community. Aside that, there was the presentation of grants by authorities to deal with the main needs and desires of people in society. This culminated in a system of better performance and better activities amongst authorities in the criminal justice system.
Afterwards, there were systematic increases in government policy that was meant to deal with crime directly. This includes amongst other things, President Ronald Reagan’s war on crime which increased the level of surveillance in areas where drugs and crime was rampant. This was a means of dealing with the needs and expectations of society and the provision of major forms of policing powers in jurisdictions that had high levels of crime and incidence.
There was a corresponding increase in correctional infrastructure in the United States as a part of the process of creating a system of controlling crime. This is because incarceration became common after the quest for regulation and control of crime increased. This led to a system of promoting the arrest and jailing of people with high risks in society.
The post-1960 rules of the United States also caused the country’s criminal justice system to move from a punitive system to a rehabilitative system. To this end, there was a major investment in correctional activities and the hiring of many professionals to deal with prisoners and help them to become productive members of society. With the mindset of making US prisons learning points where psychologists and other professionals could work to give prisoners some skills, the system moved from being punitive as it was before 1950 to an institution that had corrective measures and systems. More taxpayer dollars was invested in the criminal justice system and this led to the doubling and increasing of the prisons of America and mass incarcerations continued into the 21st Century.
Inherent Challenges of the Expanded Criminal Justice System
There are several challenges that came with the new American criminal justice system after the 1960s. This is because there was a tilt towards mass incarceration and the regulation of society in ways that sought to meet certain goals.
First of all, there was the difficulty in defining what a “crime” is. Criminology is not a field that is reserved for a single discipline. It overlaps with law, sociology, religion, politics, psychology, philosophy and many other fields. Due to this, there are many perceptions and conceptions of issues and matters which make its definitions of crime and criminal activities difficult. There is a wide variation of crime which has made it extremely difficult and almost impossible for the criminal justice system to deal with problems and operate effectively. Many negative things which should have criminalized were treated with some degree of laxity which led to major injustices whilst there was the strict adherence to laws which led to the presentation of results that were unfair. The large levels of inconsistency in criminal justice in America has grown over the past few decades and this is mainly due to the inability to get an objective definition of a crime.
There is the view that criminology is used as a system for the protection of certain classes of people as opposed to others. For instance, many groups and many communities are seen as crime-free. Thus, there is a major police patrol in areas that are considered dangerous – poor neighborhoods with high crime rates. On the other hand, richer parts of society were left unregulated. This means that there is a social divide that is entrenched by the presence of police patrol and activities.
The result of heavy policing and problems of massive supervision and control of certain areas has led to the disproportionate representation of certain people in prisons. African-Americans constitute 40% of American prison populations although they are just 12.3% of the population of the United States. Furthermore, first generation Latino-Americans born in the United States are more likely to end up in American prisons. This shows that some minorities are being targeted by a criminal justice system that seem to be so much focused on incarcerating these minorities.
Recently, People magazine featured the elements of the case relating to Nicole Simpson who was killed in 1994. She was the wife of O. J. Simpson and evidence suggested that O. J. Simpson was the murdered of Nicole. There was a lot of violent matches and the case was called and tried.
This showed that the United States was not so clear about helping its African-American population and the criminal justice system was tilted towards the mass incarceration of this minority group of Americans. The challenge of defining crime was often used to overstate and hold African-Americans to high standard. The poor handling of cases often goes against African-Americans because they are refused the right to a fair hearing.
However, the information given by Kris Jenner to the People magazine provide other views that suggests that the American criminal justice system is one that is opened to manipulation Kris Jenner seems to suggest that she has no doubt that OJ Simpson murdered Nicole. He said that after the murder occurred, OJ Simpson contacted her and stated that he did not murder Nicole. However, she did not believe the words of OJ because from a logical perspective, the submissions did not make sense.
She stated in the interview with the People Magazine that "I'm a very logical person," says Jenner. "I want to give everybody the benefit of the doubt, but the evidence was so strong. [What he said] didn't have any effect on what I thought." However, OJ Simpson was able to go through the criminal justice system and was acquitted because the jury thought he was not guilty and there was no evidence to point to the fact that he killed her.
The high level of doubt expressed by Kris Jenner who was so close to the couple shows that the US criminal justice system was one that could be manipulated and abused. Either way one looks at it, the OJ Simpson trial shows the challenge of objectivity in the US criminal justice system.
First of all if OJ was not guilty as he was declared, it means that the African-American population are picked upon significantly and treated unfairly for their origins. Secondly, if OJ was guilty and was declared not guilty, that means the American justice system is problematic and there are many things the system cannot deal with.
Comparative Analysis of the US Criminal Justice System
A fundamental difference between the US and UK criminal justice system is in the fact that the American system is based on initial indictment by a grand jury. However, in the UK, a magistrate court based on three judges define whether to prosecute a case or not. The need for an indictment by grand jury in America is guaranteed by the Fifth Amendment which is part of the fundamental rights of every American.
In the United States, the defendant and prosecutor decide on the members of the jury, but in the UK, the staff of the Crown Prosecution Service choose the jury members randomly. This shows yet another element of the libertarian system of the United States which defines its way of doing things and carrying out activities.
Germany also has its sharp contrasts with the United States. Germany has one single set of criminal code although it is a federal country like the United States. This means that there are no federal courts and state courts as the case is in the United States. Germany, like the United States has its prosecution process commenced by the police. However, Germany does not have a jury system. Every case is handled by the judge who puts together the questions and ask them to the parties. The judge decides from the different perspectives presented by the parties who are making contesting claims.
In Germany, every charge is subjected to judicial review whilst the preliminary hearing and grand jury is applied in the United States. It is through these different approaches that cases are judged as fit for trial or not. Evidence is checked and rechecked and the decision to prosecute or not continues.
It can be seen that both the UK and Germany utilizes professionals and are willing to limit the liberties of their citizens in order to pursue criminal justice matters. In the US, laymen are introduced at basic stages and this gives room for the lower level of efficiency in dealing with issues to eliminate all the problems and challenges in the criminal justice system.
Conclusion
The American criminal justice system is based on an independent judiciary but limited by the constitution which guarantees the rights of individuals in society. The criminal justice system of the United States is adversarial and it is opened to several externalities like public opinion, subjectivity, discrimination and segregation of the society. Cases like the OJ Simpson case show that the system is opened to manipulation and the quest for an objective system of defining crime is limited. The UK and Germany has systems whereby professionals are used in the judicial system to guarantee a higher level of objectivity in judging cases.
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