Criminal justice today - Research Paper Example

Criminal justice today Abstract: The issue of crime has been a contentious one in many societies for a long time. In this regard, changes from traditional to contemporary criminological approaches to crime fighting and prevention have been on the increase. In the US, the criminal justice system has been adjusted in several occasions in order to deal with crimes and instill crime preventive measures. In light with this, this paper will focus on traditional and contemporary criminological theories, which explains the nature and trend of various crimes. Introduction For the better part of the 20th century, the study of crime had characteristically acquired American flavor. This was as a result of increased scholarly participation in the development of many popular criminological theories. Although, the study of crime did not originate in the United States, this continued concern by various scholars and researchers put United States among the top nations in issues related to study of crime (Hodge, 2009). With the increase in population, the number of crimes has also been on the increase. Nevertheless, the US criminal justice system has had difficult times trying to instill measures of dealing with crime. The law enforcement and intelligence agencies are faced with numerous challenges as they try to cooperate with each other in the fight against crime. Several federal, state and local laws and policing trends have changed with time due to the nature of demographic and crime changes. In order to have a clear insight of why the criminal justice system changes its operations, and why the nature of crimes changes, the following section, will focus on criminological theories that explain crimes and why they happen. Traditional criminological theories Cultural deviance theory According to the theory of cultural deviance theory, persons commit crimes because they possess internalized procriminal values (Lilly, Ball & Cullen, 2011). The theory further argues that the dominant component of the motivation to delinquent behavior committed by lower class groups involves positive effort to achieve states, conditions, which are valued by various cultures. Cultural deviant theorists assert that obvious use of force and violence is usually viewed as a reflection of basic values of different cultures. The specific values, which these theorists refer to, have been argued to range from cultural emphases on toughness, excitement, and trouble to sub cultural preferences for risk taking. In a more elaborate way, cultural deviance theory argues that persons commit a crime because their cultures demand them to do so or because they have learned that crime is the correct thing to do (Lilly, Ball & Cullen, 2011). It is also argued that lower-class culture comprises of certain styles of life acquired and learned in childhood, which are later passed on to adulthood and collectively becomes a heritage. Strain theory This theory argues that some social structures exert a specific pressure on some persons in the society to engage in non-conformist rather than conformist conduct (Agnew, Brezina Wright & Cullen, 2002). The theory contends that strain is not just as a result of failing to achieve goals imposed by the society, but also encompasses many issues, as well. For example, failure by people to achieve middle-class success may lead to strain among people climbing the social ladder. Consequently, it immerges that some groups in these poor neighborhood tends to resort to violence, excitement, risk taking, and gratification among others (Agnew, Brezina Wright & Cullen, 2002). However, this theory asserts that it is personality traits within individuals that provoke strain, and these traits ends up forcing people to resort to delinquency and crime as a way of relieving tension resulting from strain. It is also argued that most of these traits associated with strain are negative emotionality, which is fueled by strain causing anger, whose impacts result in delinquent and crime to alleviate anger (Agnew, Brezina Wright & Cullen, 2002). Materialism/ Structuralism Materialism is argued to be Marxist strategy used to explain thoughts and behaviors of a given situational and, social structural circumstances. It is also argued that structural and situational contexts constitute material conditions of life. Social control can, therefore, be achieved in several ways. Firstly, conformity is promoted in situations where persons hold similar beliefs and values. Conformity can also be promoted by giving people access to socially approved incentives and rewards (Lilly, Ball & Cullen, 2011). Lastly, conformity can also be promoted by use of force. However, this last solution is argued to be undesirable, and it is argued to work only when the other two solutions fail to work. It is also argued that social structure of a democratic society is characterised by scarce and inequitable distribution of goods and services (Lilly, Ball & Cullen, 2011). The theory further contend that those who fail to receive a fair share of these goods and services are those who live under adverse conditions, and are prone to engage in delinquent activities. In fact, the theory further asserts that those who resort to delinquent behaviors do so, not as a result of individual attribute but are a property of the social system in which they live in (Lilly, Ball & Cullen, 2011). In summary, it is believed that social setting gives rise to delinquency and that this is as a result of inequality, which is structurally induced and it causes criminal behavior. Contemporary critical criminology and theories Today, critical criminologists dedicate their attention to various themes and concept of crime. Some of the major areas of concern in the field of crime study have been use and misuse of power, or the ability of persons and groups to determine conducts of others (Byron & Sampson, 1987). The other major concern has been on issues related to people in power and the way they shape the content of the law in order to exempt themselves from being controlled by the same law. In fact, it is argued that those that deserve most severe sanctions (the might and wealthy), mostly receive lenient punishments while those who commit minor crimes receive stricter punishments, and this is worsened by the fact that, in most cases, these people come from minority or disadvantaged groups (Byron & Sampson, 1987). Another major concern has been the focus of the control of crime definition by the political elite. It is argued that, in the United States, those with economic and political power dictates what power is and how the criminal justice system enforces the law (Hodge, 2009). As a result, the only visible and recognized crime involves the poor, and which are spelled out to be crimes like rape, murder, street crimes, and theft. In contrast, the wealthy involve in and commit crimes, but they are not considered to be crimes (Byron & Sampson, 1987). Common crimes associated or committed by wealthy people include racism, profiteering, and sexism. Surprisingly, although there are laws that govern crimes committed by the wealthy, they are rarely enforced. Most of the crimes committed by the wealthy revolve around capitalism. Capitalism is the need to expand business and diversify the markets. This goal frequently conflict with laws designed to safeguard the surroundings and severally, it crashes with people mandated to enforce these laws (Byron & Sampson, 1987). Additionally, the rich are shielded from street crimes because they live in areas far from crime prone areas. People in power tend to use the fear of power to control the masses. The poor are controlled through incarceration. It is also apparent that middle class or working class fall the victim of economic crimes committed by the rich and those in power since they work for them and as directed (Schmalleger, 2007). Instrumental theory According to instrumental theory, the law and justice system caters for the rich and powerful. For example, those who exercise economic powers are able to extend their self-serving definition of law to those who questions their status quo or those who obstruct their quest for maximizing profits. In addition, they alliance with the political class in order to insert some influence on legislating laws regarding industrial taxation. In cases where it becomes difficult to alter such legislations, they hire top attorneys to defend them against sanctions imposed on them, thus; they become immune to regulation. According to this theory, the poor may not commit more and serious crimes than the rich, but they are severely punished more often. Under the capitalism system, the poor engage in criminal activities due to the nature of frustrations that exists in the society (Lilly, Ball & Cullen, 2011). In most case, class conflicts acts as a catalyst to many forms of crimes committed by the poor. For example, unbearable frustrations can cause violence and riots like the one that occurred in Los Angeles in 1992, which was termed as class rebellion conflict, erosion of low class hostility towards the social order. Instrumental theory tends to isolate issues articulated by other theories as major causes of crime from its line of focus. Issues such as family structure, peer relations, and school performance, according to this theory, are as a result of capitalism related consequences. In fact, instrumental theory argues that crime in the contemporary society is as a result of modern corporate capitalism as capitalist struggles to create surplus value (Taylor & Gabbidon, 2000). In order to create surplus value, workers are compelled to work harder for less pay or are even replaced by more efficient machines or technology. With the increase of surplus values, it is apparent that more people are displaced from productive relationships. This leads to marginalization, which leads to displaced people being forced to live in crime prone areas. It is also argued that the government acts swiftly to respond to issues of economic decline because those in power fear that due to this decline, the poor may resort to crime and social disorder (Taylor & Gabbidon, 2000). However, the major focus of modern criminology focuses on frameworks of problems and concepts and styles of reasoning the emergent and development of criminology. In the contemporary society, focus of criminology has shifted from focusing on crime as a symptom of poorly socialized individuals to a more elaborate focus. Human trafficking Human trafficking can be defined as a forceful, abuse or fraud use in order to control people (Shelley, 2010). However, the main aim of human trafficking is for financial gains accrued from the act. The crime normally occurs through the use of both or either psychological torture or physical intimidation. Nevertheless, the act of human trafficking sometimes occurs with the consent of people being trafficked. For example, due to poverty, some women may resort to work as sex workers, and mainly decide to involve in sex trafficking (Shelley, 2010). Nonetheless, there are other factors that fuels human trafficking. Political instability is also argued to be among other contributing factors. Widespread domestic violence has also played a part in making women homeless, something that force them to engage in dangerous activities. Lack of education and information has led to many people vulnerable to exploitation. They are forced to overwork with less pay. In some instances, human trafficking is structured and endorsed by rich people, who use trafficked people as a resource of cheap labor in their various businesses. In most cases, people are denied access to resources or means of earning a livelihood with intentions of making them poor. As a result, they become desperate and can work as laborers with little pay. This is what capitalism is all about (Shelley, 2010). Capitalists exploit the poor by blocking means of livelihood, in order to strategically force them to work in their firms. Terrorism The United States federal statutes defined terrorism as the unlawful use of force and violence against individuals or property to intimidate or coerce governments, civilians with the aim of pushing through specific political, religious or social objectives. Terrorism is known to be a dangerous matter especially when it comes to matters of security. With the emergence of terrorist groups like Al-Qaeda, there has been much heated debate on the topic of terrorists and their intentions. For example, terrorism has affected both political and cultural structures of the United States. It is believed that terrorist groups like the Al-Qaeda have been to expand foreign forces and create an Islamic state ruled by Shria laws. Terrorism is a criminal act that causes negative impact beyond the immediate victim (Traughber, 2007). Since terrorists carryout their missions in different times and locations, their intended mission is to commit acts of violence that sends a message to the local populace or the government that they can strike anywhere at any time. In most cases, terrorists targets people or areas that symbolize what they are against. The issue of terrorism becomes more serious than other forms of crime because terrorists do not view their acts as evil. They tend to believe that they are legitimate fighters, fighting in what is in their best interest and what they believe in using whatever available means. Therefore, terrorists are hard to deal with since their acts are strongly related to what they believe in (Traughber, 2007). Drugs Drug and substance abuse has been argued to be a major problem in the society today. About 30% of youths are affected by problems related to drug use and trafficking (Traughber, 2007). Studies have documented that a society with increased cases of drug use is likely to have higher cases of crime rates. It is believed that due to the influence of drugs, people tend to commit a crime in order to relieve stress and other related problems (Traughber, 2007). However, a critical analysis of the reason why people use drugs can offer detailed factors to this effect. It has been argued that poverty is one of the major reasons why some people resort to using drugs. In the effort to live a satisfactory life, some people find it difficult to attain their expectations due to various issues that constrain them from doing so. Climbing up the social ladder has often not been easy to many people. They are faced with frustrations and downfalls. As a result, many people resort to using drugs to relieve stress. However, it is also believed that cultures and environment also dictates people’s way of life. Some cultures believe that use of some drugs like marijuana is connected with some spiritual concepts. In addition, social settings and poor parenting style is also argued to contribute to people using drugs. A permissive parent would less be involved in shaping the behaviors of their children (Traughber, 2007). In most cases, such children do what pleases them. In such a situation, parents may not be able to control their children from using drugs. It has also been argued that peer pressure also influences people to indulge in drug use. When people associate with people who use drugs, it is most probable that they will also indulge in the act. Information technology also plays a critical role in influencing people to use drugs. For example, a child who often seeing acts of drug use on television is more likely to adopt the behavior. This is mostly fueled by the fact that some television and other movie programs have actors that are portrayed to be “super” in the roles they take in these programs when they are under the influence of drugs. They perform miraculous things that children admire. Consequently, children tend to imitate them; they use drugs out of curiosity that they may act like characters they saw on television or movies (Traughber, 2007). However, the biggest question has been revolving around why the issue of drugs is difficult to fight. Many people who deal with drug trafficking are powerful people in the government of wealth people. They use various ways to undermine efforts against drugs. Due to desperation of the poor, they use them to conduct drug business, which in turn they get little pay. How historic and contemporary criminal trends provide the foundation for Twenty-First Century criminal justice Various criminal trends have been argued to prompt for the twenty-first century criminal justice system in the U.S. Increased public safety threats have pushed for widening of criminal justice system. Issues such as drug wars, crime reduction, and terrorism matters among others have played a better part in developing the criminal justice system (Taylor & Gabbidon, 2000). As the nature of crime changed in early 1920s, a need for national crime statistics arose. The international association of chiefs of police (IACP) formed a committee in order to determine the number of crimes to the law enforcement, and the nature of how these crimes were dealt with by the criminal justice system (Taylor & Gabbidon, 2000). Over the years, Uniform Crime Reporting (UCR) program made several recommendations to enhance the criminal justice system especially on issues pertaining law enforcement officers on how to deal with crimes in the country. With changes in the nature of crime in the modern world, the criminal justice system has over time employed strategies to deal with modern transnational crime and terrorism. In this regard, preventive law enforcement has been mandated to use the legal and operational response in order to maximize surveillance and reduce threats (Taylor & Gabbidon, 2000). Among other factors deemed right by the criminal justice system includes backing up the police with technical expertise to keep pace with the modern global terrorists and criminals. U.S law makers and courts have fiercely responded to perceived global crime and terrorism threats. There has been modification of established civil privacy protection; thereby enabling the police to transform their operational approaches in order to focus more on intelligence and information gathering (Schmalleger, 2007). In the effort to win the war against crimes, some systems like the homeland security advisory system have been developed in order assist fight the war against crimes. For example, this system disseminates information about the current risk of terrorist acts to different arms and levels of government (Byron & Sampson, 1987). Through such systems, warnings and various security measures are provided. Conclusion According to the theory of cultural deviance theory, persons commit crimes because they possess internalized procriminal values. In more elaborate ways, cultural deviance theory argues that persons commit a crime because their cultures demand them to do so or because they have learned that crime is the correct thing to do. Strain theory argues that some social structures exert a specific pressure on some persons in the society to engage in non-conformist rather than conformist conduct. Strain theory also asserts that it is personality traits within individuals that provoke strain, and these traits ends up forcing people to resort to delinquency and crime as a way of relieving tension resulting from strain. Materialism theory argues that structural and situational contexts constitute material conditions of life. One of the ways of instill conformity is by giving people access to socially approved incentives and rewards. The theory further contend persons who fail to receive a fair share of goods and services are those who live under adverse conditions, and are prone to engage in delinquent activities. In summary, it is believed that social setting gives rise to delinquency and that this is as a result of inequality, which is structurally induced and it causes criminal behavior. In the contemporary critical criminology, major areas of concern in the field of crime study have been use and misuse of power, or the ability of persons and groups to determine conducts of others. In this regard, contemporary theories have tried to explain crime phenomenon in regard to development of the modern world crime. For example, instrumental theory argues that the law and justice system caters for the rich and powerful. According to this theory, the poor may not commit more and serious crimes than the rich, but they are severely punished more often. In most case, class conflicts acts as a catalyst to many forms of crimes committed by the poor. Some of the common crimes today include human trafficking, terrorism, and drugs. Human trafficking is the act of forceful, abuse or fraud use in order to control people. The main aim of human trafficking is for financial gains accrued from the act. Terrorism is the unlawful use of force and violence against individuals or property to intimidate or coerce governments, civilians with the aim of pushing through specific political, religious or social objectives. Drugs have been argued to be a major problem in the society today. Studies have documented that a society with increased cases of drug use is likely to have higher cases of crime rates. There has been modification of established civil privacy protection; thereby enabling the police to transform their operational approaches in order to focus more on intelligence and information gathering. In the effort to win the war against crimes, some systems like the homeland security advisory system have been developed in order assist fight the war against crimes. In order to effectively fight crime, there is a need for continued change of criminal justice system operations. This is because of the nature of demographic and crime changes. References: Agnew, R., Brezina, T., Wright, J.P., & Cullen, F.T. (2002). Strain, personality traits, and delinquency: Extending general strain theory. Criminology, 40(1), 43-73. Byron, G. & Sampson, R. (1987). Traditional contributions to radical criminology. Journal of research in crime delinquency, 2, 3: 181-214. Hodge, A. (2009). Understanding the components within the criminal justice system 101. S.l.: Outskirts Press. Lilly, R., Ball, R. & Cullen, F. (2011). Criminological theory: context and consequences. Los Angeles, Calif.: SAGE. Schmalleger, F. (2007). Criminal justice today: an introductory text for the twenty-frist century. Upper Saddle River, N.J.: Prentice Hall. Shelley, L. (2010). Human trafficking: a global perspective. New York: Cambridge University Press. Taylor, G & Gabbidon, S. (2000). African American criminological thought. Albany, NY: State University of New York Press. Traughber, M. (2007). Terrorism and arms, drug, and human trafficking in Georgia. 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