ESSA

The Perceived Role of the Criminal Justice System

The criminal justice system aims to acknowledge, identify, educate, and punish for the well-being of the greater community. Criminal law serves as a guide to limit human actions and protect them from illegal behaviors. The central perception of the criminal justice system is that it is designed to deliver justice to all without discrimination. Author of Just Mercy Bryan Stevenson argues that "[p]resumptions of guilt, poverty, racial bias, and a host of other social, structural, and political dynamics have created a system that is defined by error (WHAT ERRORS?), a system in which thousands of innocent people now suffer in prison" (20). I agree with this argument because it is true that our current criminal justice system fails to maintain justice and equality. Today, our criminal justice system fails to meet its perception of fairness. People hope that if they bring their case to the criminal justice system, their cases will be fairly judged. Nevertheless, in reality, these decisions are being made based on the racial, ethnic, socioeconomic and political statuses of individuals. The criminal justice system fails to play its perceived role because presumptions of social, economic, and political differences exist across society. – PEOPLE ARE ARRESTED UNFAIRLY, WHY? DELVE INTO REASONS

FOCUS ON RACIAL REASONS. ADD QUOTE FROM BOOK. Social presumptions which are affecting the role of the criminal justice system in protecting human rights include poverty, racial and ethnic bias, and the social status of individuals. (INCLUDE QUOTE FROM BOOK ABOUT RACIAL DISCRIMINATION). In our criminal justice system, white Americans are getting priority over black Americans regardless of who is guilty. Courts decide to favor the white majority, leaving millions of innocent black people in jails. Black people are wrongfully convicted because their race is being used as a discriminative factor. Poor people also suffer in prisons because they cannot fight for justice. Poor people usually get involved in drug offences to fulfil their needs. Although these people are doing offensive behavior, rehabilitation and education in prisons and government support to give them jobs could help. A quote from the book, Political--"We have given up on rehabilitation, education, and services for the imprisoned because assisting the incarcerated is too kind and compassionate" (Stevenson 19). (Injustice, reason for arrest, conditions in prison, lastly, lack or rehabilitation). This means that the criminal justice system will not provide rehabilitation, education, and services for the imprisoned. How could such people become a part of society after ending their sentence? Poor people who are involved in crimes need counselling and rehabilitation to get out of it. The death sentence is not a solution, even when there is a way in between. Sentencing and not hearing their claims is inequality in the justice system. The criminal justice system is perceived as a transparent and equality-based system in which everyone is equal. However, the system is separate for the majority rich and minority poor.

FOCUS ON SOCIOECONOMIC REASONS. ADD QUOTE FROM BOOK. Economic presumptions affecting the criminal justice system's role in protecting justice include unemployment, income inequality, human capital, and inflation. People in a community are stratified based on their income status. Lower classes face considerable societal challenges compared to the elite (McDonald et al.). For example, a poor man cannot stand steady in court to fight for justice because the process is too expensive to afford. A system is created in which value is for money and power. Humans and their rightfulness are not considered in the criminal justice system. Rich and elite people can control judges and lawyers in the court, which results in prisons for the poor. Millions of poor people are suffering in prisons despite their crimes not being proven. Our prisons are holding millions of innocent people who are trying to get out of poverty and unemployment. There is a reverse relationship between economic and crime rates. Under good economic conditions, the crime rate falls, showing that most people commit crimes to fulfil their economic needs. Through guidance and community services, the crime rate could be reduced; wrongful conviction is not the only solution. Our criminal justice system should focus on flaws and gaps which cause an increase in crime rate. Providing employment and basic needs to citizens would be a good and sustainable move instead of spending on prisons. According to a quote from the book, $good for business"Private prison builders and prison service companies have spent millions of dollars to persuade state and local governments to create new crimes, impose harsher sentences, and keep more people locked up so that they can earn more profits" (Stevenson 20). What if this money could be spent providing food and houses to citizens who are financially stuggling? The criminal justice should be aware of such intentions to maintain justice in society because focusing on public services, housing, education, and health could minimize the crime rate in society.

Politics and the criminal justice system are interlinked at many points. The structure of political institutions in a society shapes the performance of the criminal justice system. The involvement of politics is also negatively affecting the criminal justice system—for example, racial politics design policies and norms supporting majority races and degrading minorities in society. Norms and policies created under racial politics will control and punish the black population without reason. This is how politics of fear and pressure come into existence and affect public perception of the criminal justice system. Politicians pressure lawmakers and judges to make their desired decisions by using their position as a reference. This is how our criminal justice system fails to meet public perceptions and maintain a just and equal social system (Stevenson). It is a system created by an error in which innocent people are suffering in prisons and criminals are free.

--REBUTTAL—opposite of thesis: REBUTTAL MISSING

To conclude, I agree with the argument from the book that the current system is created by an error in which there is no concept of equality and rightfulness. The criminal justice system is perceived as a distributor of justice, equality, protection, and well-being for the community. However, based on the current system, it is evident that the criminal justice system fails to meet its perceived role. There are social, economic, and political presumptions that affect criminal justice's role in our society.

Works Cited

McDonald, Kris, et al. “Reducing Justice System Inequality.” The Future of Children, vol. 28, no. 1, 2018, pp. 10–65. Accessed 18 January 2023.

Stevenson, Bryan. Just Mercy: A Story of Justice and Redemption. Random House Publishing Group, 2014. Accessed 18 January 2023.

Outline

I. Thesis: The criminal justice system not being able to play its perceived role, existence of presumptions of social, economic, and political differences across society

II. Body Paragraph 1:

Social presumptions affecting the role of the criminal justice system in protecting human rights include poverty, racial and ethnic bias and social status of individuals, the very same presumptions affecting decisions by the criminal justice system (McDonald et al.)

III. Body Paragraph 2:

Economic presumptions affecting the role of the criminal justice system in the protection of justice include unemployment, income inequality, human capital, and inflation; stratification of people based on their income status (McDonald et al.)

IV. Body Paragraph 3:

Interlinking of politics and the criminal justice system are interlinked; the structure of political institutions in a society shaping the performance of the criminal justice system; political involvement affecting the criminal justice system negatively (Stevenson 20)

V. Conclusion

I strongly agree with the argument that the current system is created by error; absence of equality and rightfulness

VI. Work Cited