Criminal Justice Trends

Criminal Justice Trends

Introduction

Essentially, criminal justice system is not merely the application of abstract principles and values, but at its very core, it is a social construction, one that remains responsive to the prevailing social structure and social norms. In fact, the history and evolution of the American Criminal Justice System is a history of power and a “rich culture of liberty” (Maguire & Radosh, 1996). This paper is a brief attempt to explore and analyze the current, historical and future trends impacting the criminal justice system.

Discussion

During the colonial era, small and closely knitted religious communities acted as the law enforcement agencies and judges and prosecutors acted in a part time capacity. The criminal justice system was open and transparent, and if the iniquity was perceived as too great, the goal of the criminal justice system was to integrate, successfully, the “transgressor” to reintegrate into the community. Despite the popular perception, capital punishment was rare and whipping, branding and mutilation were more common forms of punishments. During the colonial era, the American colonies were essentially theocracies and autocracies and; therefore, the courts acted as the secular arm of the church. The law was divine only because it had several citations from the bible (Walker, 1980).

However, during the industrial revolution, several factors set the platform for a move from the colonial period to the Republican period. Due to the influx of a large number of immigrants from different parts, expansion of the American territory, changes in the lifestyle and the emergence of secular forces, the American policymakers realized that they needed alternative forms of social control to regulate their new communities. During the 18th and 19th century, the United States also witnessed the development of an enlightened political philosophy, such as the advent of bill rights, which transformed the criminal justice system to incorporate more humane punishment (Walker, 1980). The American penitentiary was envisioned to be a place where the offenders would get a quiet, peaceful and soul penitence to reflect on their deeds and make their decisions wisely in the future. Except for some of the Southern States, inhumane forms of punishments such as “whipping” no longer remained the focus (Maguire & Radosh, 1996).

The period of mid 19th century, especially the period before and after the Civil War, was marked with extreme lawlessness and racial violence and the American society realized that amateur constables and unprofessional officers could not guarantee ...