In class discussion on Friday, Professor Kurdys left us with a hanging question; is our legal system doing an accurate job in what it is intended for? (not exact question, but something similar) In my opinion, it isn’t doing even half of what it is supposed to do in our criminal system. For the past 30 years, the United States has increased the incarceration rate each year, and now we have the highest incarceration rate in the world. For the first time in American history, more than one in one hundred (1.6 million) U.S. citizens are behind bars. According to the U.S. Bureau of Justice Department, if recent incarceration rates remain unchanged, an estimated 1 of every 15 persons (6.6%) will serve time in a prison during their lifetime. Studies also show that within three years of their release, 67% of prisoners are rearrested and 52% is re-incarcerated.
The U.S. department of corrections is supposed to “correct” rather than simply punish those who disobey the law. Public safety and social order are not only threatened but they also become corrupted. If the government and society both made an effort and contributed to alternatives to prison then the incarceration rate would start declining and public safety would become less jeopardized.
Our legal system was invented to keep our country at peace and maintain social order in society. Where have all of our morals gone as a country? Are offenders being thrown in prisons or jails just because it saves the government paperwork? Is the U.S. government just as liable for offenders after their release from prison?
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I really dont think you can blame the legal system for this problem. First, the evidence you give doesnt prove any failure on the part of the legal system. It shows a failure of the country to allow such moral degeneracy. Second, even though you didnt say it directly, I agree that the penal system has its failings. With all the money that goes towards jails and maintenance, its very sad that we see so little "correction."
ReplyDeleteThis issue and issues similar to this are given quite a bit of consideration in the field of Critical Legal Studies. The problem is that not only is our legal system failing (e.g. not deterring crime, very high recidivism rates, the entirety of the corrections system) but its failures reinforce the existing power structures in society. For example, 70% of prisoners are non-white, despite the fact that non-whites make up only 34% of the overall population of the U.S. Its really inexcusable.
ReplyDeleteKim, i can't agree with you more. Our government would rather put honest people in jail for months rather than do the work that is necessary (investigate, paper work, etc) to provide alternative methods of "corrections". Centre County Correctional Facility has a program for inmates to cope with and overcome their "crimes". I know for a FACT this program, which uses a substantial amount of the county budget, has a ZERO percent success rate. I disagree with tyler when he says we can't blame the government, the government doesn't give us a chance to even attempt to correct their failures, unless we give them a billion dollars just so one low level u.s. attorney listens to half of what someone says. There isn't much degeneracy involved when it comes to rehabilitation, most people on the county level of infractions are the target of police officers after they are released, so if they J-Walk then they violate their parole or probation and are sent back; TRUE STORY.
ReplyDeleteSupposedly, the prison system is set up so that upon being released one has just become a better criminal. I don't remember the statistic, but the chance that an already convicted felon will be incarcerated again increases drastically. Why not, instead of punishing criminals with time to self-reflect or 'time out', along with the ability to have free time, put them to work? Having indentured servants, or very cheap labor we could create a whole industry of prisoners. With this industry we could save the country money, as well as teach the prisoners skills that could be used to obtain jobs upon release. Now all we need is for employers to not be prejudice against criminals.
ReplyDeleteWhich brings me to me second point, which is addressed in the book Boy A by Jonathan Trigell and in the film with the same title. A synopsis of the film is that a child criminal is released back into society after assisting in a murder of a little girl. He now is a young adult, age 18-20. He manages to obtain a job and start a new life. hiding his past due to the court's practice of concealing child defendants identities after being released. Eventually everyone in the town finds out what he did and in turn he is fired, he loses his girlfriend, and his new life falls apart. This is a tragedy in regards to the film because he is portrayed as a very decent man. He even saves the life of another girl who was trapped in a car.
It's hard for people to forgive and forget, especially when it pertains to criminals. Society is very prejudice against felons without even getting to know them, or hearing any sort of justification. We judge without having the objectivity of a judge, and we end up sentencing criminals to a life of prejudice even when our judicial system has already dealt out a punishment. We seek unaided redemption, redemption not provided by a legal system but by a social system. Maybe that's what law inherently is, just a bunch of judgments on a social level.