Question 1: One of the major themes in this course has been how history impacts today's criminal

justice system. Please describe some of the ways history has shaped the criminal justice system we
use today. Make sure you speak broadly, but that you also discuss specifically at least one of the
following: the court system, the prison system, or corrections.

The United States founding fathers feared having a government that is too powerful. This led to

the development of the three branches of US Government – the Executive Branch, the Judicial Branch

and the Congress. It serves as a check and balance for each of the branches. While it ensures that each

of the branches can manage the nation effectively, it restricts the power that each branch has. This

affects the laws that can be passed.

After the Declaration of Independence, there are a lot of contention between the Federalist and

the Anti-Federalists. Through the contention, the Bills of Rights was enacted. The Bill of Rights was in

part influenced by the Magna Carta that was signed by King John. This Bill of Rights became the very

foundation of the US Constitution, which shaped how cases are handled in the US Courts. The Bills of

Rights supersedes any other laws that are enacted.

In the Court system, there are many ways in which it is influenced by the Bill of Rights. For

example, the fifth amendment protects individuals from self-incrimination, which forms the basis of the

Miranda Warning. This determines whether a particular evidence is admissible in court.

Additionally, in the past, there was a large majority African American who are slaves in the

American lands. They were denied basic civil rights. The Civil Rights Movement spurred the change. An

amendment to the Bill of Rights were made. The fifteenth amendment granted the African American the

rights to vote.
 Question 2: We have discussed juveniles several times during this course, as juveniles are often
treated differently by adults. Please explain 1) why juveniles are treated differently than adults by the
system and 2) how the system has adjusted to address the specific needs and requirements of juvenile
justice.

The reason that juveniles are treated differently in the criminal justice system is juveniles are

often viewed as lacking the maturity as compared to adults and would deem that their parents or

guardian have failed in guiding them on the right path. Due to this, juveniles are often treated more

leniently and the court takes on the role of a “benevolent custodian.” Due to their young, and perhaps,

impressionable age, the courts are more inclined to rehabilitate them than to punish them. Generally,

there is a belief that younger people has a greater chance to change their ways.

One of the ways that the system has adjusted to address the specific needs of juvenile justice is

the terminologies used in juvenile court. For example, instead of referring to their acts as crimes, they

are considered “delinquent acts.” Instead of a conviction, they are deemed to be “adjudicated

delinquent.” Instead of a sentence, they are called disposition. Additionally, instead of being tried by

juries, juvenile are tried by judges instead.

Furthermore, though in some ways similar to an adult court, there are some key differences

which are adjusted to suit the juvenile court. For example, while the adult court is open to the public,

the juvenile court takes place in a closed setting. The procedures in the juvenile courts are more relaxed

and more focused in emphasizing that their behavior is unacceptable. Because the courts are more

interested in rehabilitating the juvenile offenders, in most cases, the juvenile would not have a criminal

record. Also, instead of sending them to prisons, they are placed in detention facilities instead.
Question 3: Theory is an important part of understanding how the criminal justice system works and
why it works as it does. Pick one of the major theories we discussed during this semester and explain
how we see that theory applied in today's criminal justice system.

One of the major theories that was discussed during this semester is the Control Theory.

According to this theory, individuals who have a sense of belonging and connection within the society

are less likely to commit crimes. While it is necessary to lock up individuals who are violent in nature to

protect the society, non-violent individuals are locked up too. That in itself, is not a bad thing as those

who do the crime should pay the time. The issue is these offenders are alienated from the society. Not

only do they have no connection with the outside world, the society discriminates them and looked at

them with disdain. Due to this, though not exclusively, the likelihood of reoffending is higher. This

becomes a perpetual vicious cycle.

One of the great things that we can see being implemented within the criminal justice system,

that takes the Control Theory into account is the reformative programs that are initiated for the

offenders. For example, there is the work release and community involvement programs. Through the

work release and community involvement programs, they are not entirely cut off from the society. It

enables them to earn a living and at the same time build connections with their co-workers. Although

this is far from perfect as individuals may still face discrimination, they are still given the opportunity to

build relationship outside of prison. The hones their social skills and increases the likelihood of being

employed upon release. This instils the sense of commitment within the individuals. The more

committed that they are to a particular cause (for example, employment), the less likely they would

commit crimes.

Community involvement programs enables them to take part in the society. For example,

building an orphanage, building a garden and creating toys for children for Christmas. This makes them

feel more involved in the community as a whole. When individuals are more involved in the community,
they will likely know of the hurt that they would cause them if they committed crime. As such, a sense of

involvement within the society acts as a deterrent to crime.

Another example is education and self-improvement programs. Through these programs, I feel

that they can have a sense that there are people who cares for them. It also introduces them to

different avenues that they can reach out to upon their release whenever that encountered any

problems or relapse. This provides them with a sense of community and perhaps, show them that they

have a place within the society and that they belong within the community. This instils a sense of

attachment within the individuals and this would encourage individuals to accept the beliefs and the

rules of the community and following them.

The landscape of criminal justice changes depending on who are in power and what are the

present issues that require resolving. For instance, those who are in power are more conservative in

nature, the laws tend to me more punitive. Back in the early 1970s, where the change in criminal justice

landscape was spurred by the declaration made by President Richard Nixon that illegal drug use is the

“public enemy number one.” It led to a mass incarceration and quite literally a war on drugs. The

conservative stance has been ongoing for many years. When those in power are more liberal, the laws

and direction differs. This means that the criminal justice system is looking at ways to rehabilitate the

offenders and to ensure that they do not reoffend.

I feel that, recently, the criminal justice landscape is moving away from the conservative stance

towards a more liberal stance. This is spurred primarily by the issues of overcrowding in prisons and the

high costs of maintaining and upkeeping the prisons. It is also brought about by the substantive research

that was conducted by criminologist, highlighting the issues such as mental health and suggesting ways

to reduce the crime rates through tried and tested methodologies. In order to counter the issue of

overcrowding, the criminal justice system looks at ways to rehabilitate the offenders. This can be in the

form of work release programs, parole, educational and self-improvement programs as well as therapy.

Research has found that those who are involved in such rehabilitative programs are less likely to

reoffend. Not only does this resolve the issue of overcrowding, it ensures that they become better and

contributing citizens in the society. This change will collectively bring about a better environment in the

society. Furthermore, with lesser people in prison, the cost of the upkeeping of prisons are reduced.

Therefore, the savings can be put to better use.

However, I feel that the society has a long way to go because no matter how great the

rehabilitative programs are, it wouldn’t matter if the mindset of people remains the same. Ex-offenders
are often the subject of discrimination in the society. Without eradicating this discrimination, no matter

how good programs are, it wouldn’t matter. We learned that people who are labelled a certain way has

a likelihood of internalizing and accepting the label. This would hinder them from taking the step to

reformation. I won’t deny that it is hard to change the mentality of people. However, I think the first

step is to introduce this concept in schools where the minds of young and impressionable children can

be moulded. While we teach them that committing crimes is a bad thing, we also need to instil empathy

and understanding in them. We need to start teaching them to hate the crime and not the offender.

Additionally, I feel that offenders, who does not have a higher education prior to their brush

with the law, should be given opportunities to pursue higher education. Like it or not, the society puts a

high weightage on education. As such, between a person who has the qualification versus another who

doesn’t, the preference would be for the one who does.

Furthermore, if we look at the demographics of crime, a majority of them comes from the low

income families. I would love to see the criminal justice system addressing the underlying issues that

causes people to turn to crime instead of simply being reactive and addressing issues that are only

apparent on the surface.