The evolution of the criminal justice system in the US

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The evolution of the criminal justice system in the US

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The evolution of the criminal justice system in the US

Robert Ponton

UAGC

CRJ 422

11/14/2022

Contents The evolution of the criminal justice system in the US 2 The impact of criminal justice issue to the society 3 Social Justice Principle. 5 Solution to the criminal justice system in the US 6 References 8

The evolution of the criminal justice system in the US

Several societal shifts that have taken place since the United States' foundation have contributed to the development of our current criminal justice system. In order to establish order in society, allocate blame, and deter misbehavior, the American people have constructed a variety of institutionalized systems over the course of history. The policing, judicial, and penal systems of today are responsible for these tasks. This framework was not there in the early stages of the American criminal justice system. (Beckett,2018)

In fact, before the United States created formal rules, laws, and institutions, religious teachings and the concept of sin were used to guide social norms and conduct. In many colonial penal codes, actions such as swearing, blasphemy, and Sabbath-breaking carried severe penalties since they were defined in terms of the Bible (Beckett,2018). Dunking, stoning, and whipping were all forms of punishment intended to shame the wrongdoer into repenting. In a perverse twist, society still places a premium on making criminals feel regret, but this time it's more for the sake of the victims of their crimes than for any greater power.

The prevalence of religious principles in American criminal law declined as the country grew both populous and geographically dispersed. Now the law is being designed to protect moral values, which were more important to a bigger percentage of Americans at the time than religious ones. As a result of this shift, the number of laws and the number of infractions both increased, both of which are continuing trends. The widespread belief is that this is happening because moral laws are not as deeply internalized as religious ones, making them less effective in regulating acceptable conduct. To rephrase, God's law has historically had a greater impact on establishing acceptable behavior than have the police, courts, and corrections systems.

These happenings, for better or worse, are what have molded the modern American criminal justice system. The development of institutionalized police, courts, and punishments was necessitated by the shift from tiny, religiously similar villages to enormous, heterogeneous metropolis with wide religious and cultural norms.

The impact of criminal justice issue to the society

After the attacks of September 11, 2001, the American criminal justice system underwent significant change. According to Sanmartin, (2020), the safety of American citizens is higher now than it was before the 9/11 attacks. Since the 9/11 attacks, the US criminal justice system has consolidated security measures in a way that was not the case before. The normal police, the traffic police, and other special teams like the Federal Bureau of Investigation (FBI) and SWAT squads now work closely together (Mitnik, Freilich, and Chermak, 2020). It is now much simpler for US security services to detect, assess, and respond to any security incident because information gathered by one team is shared across all platforms. However, according to Johnson and Hunter (2017), the increased security measures have forced terrorist groups like Al-Qaeda and ISIS to alter their strategies.

Now, instead of carrying out actual attacks, these groups are relying on Homegrown Violent Extremists (HVEs). According to Mitnik, Freilich, and Chermak (2020), these are individuals enlisted to execute criminal acts on behalf of terrorist groups. On June 12, 2016, for instance, a lone shooter opened fire at a gay club in Orlando, Florida, killing 49 and injuring scores more (Nelson et al., 2016). So, these groups seek out and employ people like that to carry out their criminal activities.

The US criminal justice system has varied its unified security framework to meet with the threat posed by HVEs. In the United States, individual states are no longer dependent on the central government for matters of national security and intelligence (Mitnik, Freilich, and Chermak, 2020). Since 2001, most of the states, including California, Florida, Alaska, and Hawaii, have had their own intelligence systems (Nelson et al., 2016). Thus, the FBI and other security officers are informed of any criminal behavior, and the results of the analysis are made public. In addition, state legislatures in the United States have passed laws permitting them to acquire information prior to allowing locations for public gatherings (Nelson et al., 2016). A new issue arises, however, despite the fact that this appears to be effective in blocking terrorists' escape routes. The danger posed by immigrants must not be ignored.

Social Justice Principle.

The social Justice principle that needs to be addressed is the principle of equity. When people of different backgrounds and socioeconomic conditions are provided with resources designed to help them achieve the same goals, we talk about promoting equity. In contrast, equality provides everyone with the same opportunities to achieve a common goal.

For this reason, equality does not always equate to fairness because certain people or communities have more complex requirements. Advancing policies that offer assistance in overcoming systemic hurdles may be part of a social justice approach that integrates resolving equity issues.

Cultural and diversity issues present in criminal justice in the US.

There are a number of problems in our judicial system right now. Two variables that have a negative impact on the justice system must be known in order to grasp the underlying problems.

To begin, there are stereotypes. Racism, sexism, ageism, homophobia, misogyny, and other forms of discrimination all contribute to the perpetuation of stereotypes in our society. Caretakers, the media, and other factors can all contribute to the development of harmful stereotypes in children. These preconceived notions about a given set of people can cause biased evaluations of them. One definition of bias is the tendency to form an unfavorable opinion of someone or something based on preconceived notions or assumptions about that category.

A person's ability to think clearly and rationally, or their "cognition," can be negatively impacted by this type of thinking over time. The brain learns shortcuts as we absorb information, simplifying what we see so that we can more rapidly draw conclusions in the future. Consistent bias and stereotyping in one's mental processes causes the negative effect of that individual applying the taught prejudices to their interactions within society due to the shortcut formed in the brain. For instance, if a police officer was brought up in a wealthy, majority-white neighborhood and was taught that people of color are overwhelmingly criminal, the officer might apply that mindset to real-world situations

Solution to the criminal justice system in the US

The US criminal justice system has varied its unified security framework to meet with the threat posed by HVEs. In the United States, individual states are no longer dependent on the central government for matters of national security and intelligence (Mitnik, Freilich, and Chermak, 2020). Since 2001, most of the states, including California, Florida, Alaska, and Hawaii, have had their own intelligence systems (Nelson et al., 2016). Thus, the FBI and other security officers are informed of any criminal behavior, and the results of the analysis are made public. In addition, state legislatures in the United States have passed laws permitting them to acquire information prior to allowing locations for public gatherings (Hawks, 2022). A new issue arises, however, despite the fact that this appears to be effective in blocking terrorists' escape routes. The danger posed by immigrants must not be ignored.

Terrorists are worried that immigrants will provide them with a pathway into the United States to carry out attacks. According to Johnson and Hunter (2017), the US criminal justice system has taken an increased interest in immigrants entering the country since 2004. Former US President Donald Trump similarly instituted strict immigration rules and prioritized border security (Ouellet, Bouchard, and Hart, 2017). However, dealing with immigrants increasingly requires participation from multiple parties. Using the centralized security system, both local law enforcement and FBI agents can conduct background checks on immigrants (Nelson et al., 2016). They don't let anybody into the country who have a criminal record back home. Additionally, the security authorities are able to keep tabs on all immigration activity thanks to the unified security system. This strategy appears to be effective as well, however there is another issue. Terrorist groups can reach and recruit HVEs using online platforms like social media.

References

Beckett, K., Beach, L., Knaphus, E., & Reosti, A. (2018). US criminal justice policy and practice in the twenty‐first century: Toward the end of mass incarceration?.  Law & Policy,  40(4), 321-345.

Sanmartin, M. X., Ali, M. M., Lynch, S., & Aktas, A. (2020). Association between state-level criminal justice–focused prenatal substance use policies in the US and substance use–related foster care admissions and family reunification.  JAMA pediatrics,  174(8), 782-788.

Hoff, E., Adams, Z. M., Grimshaw, A., Goddard-Eckrich, D. A., Dasgupta, A., Sheth, S. S., & Meyer, J. P. (2021). Reproductive life goals: a systematic review of pregnancy planning intentions, needs, and interventions among women involved in US criminal justice systems.  Journal of Women's Health,  30(3), 412-428.

Hawks, L. C., Walker, R. J., & Egede, L. E. (2022). Association Between Lifetime Criminal Justice Involvement and Substance Use Disorders in US Adults with Diabetes.  Health Equity,  6(1), 684-690.

Nelson, M. S., Wooditch, A., Martin, F. A., Hummer, D., & Gabbidon, S. L. (2016).

Hate crimes in post-9/11 Pennsylvania: Case characteristics and police response revisited. Race and justice, 6(4), 303-324.

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Running Head: Annotated bibliography

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Annotated bibliography

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Annotated Bibliography

Robert Ponton

Professor Ramsey

CRJ422: Criminal Justice Capstone

10/28/2022

Rofiq, A., Disemadi, H. S., & Jaya, N. S. P. (2019, December). Criminal Objectives Integrality in the Indonesian Criminal Justice System. In  Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan (Vol. 19, No. 2, pp. 179-190).

According to this article, each component of the criminal justice system, from its substance to its structure to its legal culture, must work together to accomplish the system's full potential. Because of this, it is crucial that the three components of Indonesia's criminal justice system work together harmoniously so that legitimate law enforcement can proceed with confidence in the legitimacy of the rulings made. Laws will always be biased against the poor and favor the wealthy unless this policy is implemented. This research examines the impact of the integrality of criminal intentions on Indonesia's criminal justice system. This study uses a normative juridical approach to show how the many parts of the criminal justice system—the police, the prosecutors, the courts, and the prisons—all work together to achieve the goals set forth by the numerous statutes that establish them.

The full extent of the pandemic's influence on the American criminal justice system will become apparent as time goes on. These systems will keep on producing both routine and pandemic data for the time being. Research based on these statistics will help define disaster preparedness for years to come, making it of critical importance to the future of the criminal justice system. Researchers who want to use data from the criminal justice system at this time should be aware of several potential data constraints, however. This essay concludes with a consideration of four guidelines that academics should take into account when using data collected during the epidemic, regardless of the area of criminal justice they intend to examine.

Jamal, T., & Higham, J. (2021). Justice and ethics: towards a new platform for tourism and sustainability.  Journal of Sustainable Tourism,  29(2-3), 143-157.

Justice has emerged as a crucial principle to govern the growth and direction of the tourism industry in these times of turmoil and uncertainty. People everywhere are searching for ways to right the wrongs they've suffered at the hands of the powerful, whether those wrongs date back centuries or are more recent inventions. This special issue provides a variety of theoretical and empirical insights regarding the intersection of justice and tourism as a response. Considering the nascent nature of theory development in the tourist industry, academics would do well to investigate the various disciplinary and interdisciplinary approaches being taken to the study of theories of justice. Social justice, equity, and rights; inclusivity and recognition; sustainability and conservation; well-being, belonging, and capacities; post humanistic justice; and governance and participation are all discussed in this paper as evolving principles and approaches to justice and tourism. We achieve this by outlining the many topics and ideas related to "just" tourism that need immediate and thorough academic consideration. Fortunately, there is a new methodological foundation forming in the field of justice and ethics that might serve as a beacon for the tourist and sustainability industries. Insights and direction towards this topical and vital research agenda are provided in this special issue.

Almqvist, J. (2006). The impact of cultural diversity on international criminal proceedings.

This article examines how cultural diversity affects international criminal processes and what can be done to alleviate the negative outcomes that arise as a result, such as a lack of mutual understanding, estrangement, and conflict. If any one of these prerequisites isn't met, international criminal tribunals lose not just their ability to provide justice to those who need it (the accused, witnesses, and victims) but also their value in the eyes of those who are intended to benefit from them (the affected populations). To date, international criminal tribunals have mainly viewed the issue of cultural variety through the lens of language diversity. Focusing just on language, however, obscures disparities in socio-cultural norms and views about justice, both of which are crucial to their work. These variants are very challenging to address. This article considers whether national courts, which are generally thought to operate in more culturally homogeneous environments, provide more appropriate fora of adjudication of grave crimes under international law.

Arbour, L. (2007). Economic and social justice for societies in transition.  NYUJ Int'l L. & Pol.,  40, 1.

Considering Beck's 'risk society' concept, risk has been generally seen negatively in social theory and critical criminology. However, the author of this research contends that such concerns are unwarranted. The political climate shapes many of the objects of criticism, and risk is an incredibly malleable governmental technology. All other methods of security have been negatively framed by the same context. Strategies for reducing the potential for harm caused by drugs hold great promise for bridging the gap between risk and security, and more generally, issues of social justice. However, the same issues that plague oversimplifying risk-based security also plague abstract requests for harm minimization security. This study argues that a government analyst may help us build a strategic understanding of risk by analyzing current practices (such damage minimization and restorative justice) and then utilizing that analysis to design new experiments in these areas of policy.

References

Arbour, L. (2007). Economic and social justice for societies in transition.  NYUJ Int'l L. & Pol.,  40, 1.

Almqvist, J. (2006). The impact of cultural diversity on international criminal proceedings.

Jamal, T., & Higham, J. (2021). Justice and ethics: towards a new platform for tourism and sustainability.  Journal of Sustainable Tourism,  29(2-3), 143-157.

Rofiq, A., Disemadi, H. S., & Jaya, N. S. P. (2019, December). Criminal Objectives Integrality in the Indonesian Criminal Justice System. In  Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan (Vol. 19, No. 2, pp. 179-190).

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How the criminal justice system in the US has evolved since 911 attacks

Robert Ponton

Professor Ramsey

UAGC

CRJ 422

11/6/2022

Introduction

The 9/11 attacks brought significant changes to the US criminal justice system. Although terrorism and targeted violence continues to be a threat to the US homeland security, various measures have been taken to beef up the US homeland security (Johnson and Hunter, 2017). The unified security structure has brought more coordination between various security agencies including the regular police, the FBI, and the traffic cops. Due to this factor, various terrorist organizations such as Al-Qaeda and ISIS have evolved and changed their tactics (Bolleyer and Gauja, 2017). Nowadays, they are now using the Homegrown Violent Extremists (HVEs) to carry out their attacks. However, homeland security has remained firm in its responsibility for dealing with such threats (Bolleyer and Gauja, 2017). This essay will evaluate the evolution of the criminal justice system since the 9/11 attacks including; the steps made and small loopholes that continue to exist in the US criminal justice system.  

The evolution of the US criminal justice system in the US

The US criminal justices system has evolved since the 9/11 attacks. Bolleyer and Gauja (2017) state that US citizens are currently more secure than they were before the 9/11 attacks. The US criminal justice system has created a unified security structure that wasn’t there before the 9/11 attacks. Nowadays, there is a high level of coordination between the regular police, the traffic police, and other special teams such as the Federal Bureau of Investigation (FBI) and the SWAT teams (Mitnik, Freilich, and Chermak, 2020). Information collected by one team is shared across all the platforms and therefore, it has become easy for security agencies to identify, analyze and respond to any security emergency in the US. However, Johnson and Hunter (2017) state that this intensified security system has made terrorist organizations such as Al-Qaeda, and ISIS change their tactics. 

Instead of directly attacking, these organizations are now using the Homegrown Violent Extremists (HVEs). Mitnik, Freilich, and Chermak (2020) state that these are people who are recruited by terrorist organizations to commit crimes on their behalf. For example, on 12th June 2016, a lone gunman opened fire at a gay club in Florida killing 49 people while dozens of them were injured (Nelson et al., 2016). Therefore, these organizations are targeting and using such people to commit their crimes. 

To deal with the threat from HVEs, the US criminal justice system has diversified its unified security structure. The local state in the US no longer relies on the federal government for intelligence and security (Mitnik, Freilich, and Chermak, 2020). Between 2001 and 2004, the majority of states such as California, Florida, Alaska, and Hawaii have their own intelligence systems (Nelson et al., 2016). Therefore, any criminal activity is detected, analyzed, and shared with the FBI and other security agents for further action. Furthermore, the states in the US have also enacted policies that allow them to collect any intelligence before mass gatherings can be allowed in any location of their states (Nelson et al., 2016). Although this seems to be effective in cutting all the routes of terrorist activities, another problem emerges. The threat from immigrants cannot be underestimated. 

Immigrants are also seen as a channel that terrorists can use to perform terrorist activities in the US. Johnson and Hunter (2017) state that since 2004, the criminal justice system has taken great interest in the immigrants coming into the US. Donald Trump, the former president of the US also enacted tough policies on immigrants and also emphasized securing the US borders (Ouellet, Bouchard, and Hart, 2017). However, the process of dealing with immigrants has now become a joint effort. The unified security structure allows members of the regular police and the FBI teams to investigate immigrants including their personal information (Nelson et al., 2016). Those with criminal records from their countries are not allowed into the United States. Furthermore, the unified security structure also allows the security agencies to monitor all the activities of the immigrants. Although this tactic also seems to be effective, there is another problem. Terrorist organizations can also communicate and recruit the HVEs through technologies such as social media. 

However, the United States is one of the most technologically advanced nations in the world. Since the 9/11 attacks, Mitnik, Freilich, and Chermak (2020) state that the criminal justice system in the US has shifted its attention from the traditional forms of criminal investigation in terms of its own personal activities and assistance to local agencies. Before the 9/11 attacks, Mitnik, Freilich, and Chermak (2020) note that only 54% of Americans used the internet to communicate and share information. Currently, more than 90% of Americans can access and share information through the internet and social media (Mitnik, Freilich, and Chermak, 2020). This includes the Law enforcers who have become increasingly concerned about online activities and information sharing. The George Floyd video was shared on the internet and law enforcement agencies were quick to take action against the offenders. Although, terrorist organizations have resorted to using dirty means such as media and the internet to recruit their own Homegrown Violent Extremists (HVEs), Nelson et al. (2016) state that their threats might still be low because the law enforcers have advanced technologies that they can use to investigate any criminal information through the internet or the social media.

Another approach that the US criminal justice system has adopted is the bifurcated security structure. This structure is different from the Unified structure. All the states in the US have patrol systems that never existed before the 9/11 attacks (Ouellet, Bouchard, and Hart, 2017). Except for California, all other states have patrol systems in which officers physically patrol the streets to intercept or address any security emergencies. Furthermore, these patrols also work with the traffic department to collect any intelligence information that can help to intercept any criminal activities. For example, individuals caught with drugs or unlicensed firearms are often arrested and questioned to determine if they have any links to terrorist organizations or their mission (Nelson et al., 2016). Currently, it is common for security agencies to share intelligence information, but this was not there before the 9/11 attacks. Although, there might be some security lapses, for example, the 2016 mass shooting in Florida, the criminal justice system in the US has reduced such threats (Nelson et al., 2016).

Additionally, homeland security in the US has been beefed up through the training of the police and other law enforcers. Since all the states have their own security systems and methods of collecting intelligence data, Ouellet, Bouchard, and Hart (2017) note that security teams such as SWAT have been excellent in offering training programs to various police departments in every state. Although it is not clear what these training programs might be, Nelson et al. (2016) anticipates them to be high-tech cyber-crimes, forensic analysis, and how to deal with life-threatening weapons like bombs. This shows how the criminal justice system is serious about enhancing homeland security in the US. Nowadays, various security groups in the US are working more closely than ever. Although the majority of the states focus on their own security, it helps to enhance the overall security in the country because as they become more vigilant, the country becomes safer (Ouellet, Bouchard, and Hart, 2017). However, there is another problem regarding the position of private agencies in the country. Private entities may actually be the weak links through which terrorist organizations communicate or recruit HVEs to conduct their evil activities. 

This is evident because the majority of the federal and states police have increased their interaction with private agencies. As Johnson and Hunter (2017) state, the federal and the state police also house numerous records linked to both public and private companies. Interacting with private organizations is crucial in helping the police to determine the patterns of crime or any links with terrorism activities. Moreover, Bolleyer and Gauja (2017) also state that the interaction of police with private agencies also includes the issues of personnel and corporate security. Since the 9/11 attacks, the criminal justice system of the US has also been concerned about the security of private organizations. Nelson et al. (2016) state that their aim is also to enhance the security of both citizens and private/public organizations and their personnel. 

Lastly, all the security personnel in the US have also enhanced their involvement in collecting intelligence information. As Johnson and Hunter (2017) state, most police officers in the federal and state government have become more willing to collect, gather and share security information, a trend that was not there before the 9/11 attacks. This indicates that the criminal justice system in the US has increased its efforts of enhancing homeland security. 

To conclude, the security framework that has been implemented by the criminal justice system in the US has been effective at maintaining and addressing all the security challenges in the country. It has ensured that all the federal states are independent in enhancing their own security measures and securing their borders and their people. Secondly, this framework has also ensured that the security agencies in the US are working together to collect and share intelligence data and deal with all the security challenges that arise. Although terrorist groups have tried to change their tactics including the process of using HVEs, the justice system has remained strong in its mandate of enhancing homeland security in the US. 

References

Bolleyer, N., & Gauja, A. (2017). Combating terrorism by constraining charities?

Charity and counter‐terrorism legislation before and after 9/11. Public Administration, 95(3), 654-669.

Johnson, T. C., & Hunter, R. D. (2017). Changes in homeland security activities since 9/11:

An ex

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