Issues Facing the Criminal Justice System Model Lesson

Issues Facing the Criminal Justice System Model Lesson Plan Kelly Nieto

The criminal justice system defined � What is the criminal justice system? �A set of legal and social institutions (e. g. , courts) for enforcing the criminal law in accordance with a set of defined rules and limitations � Why do we use it? �Theories of punishment � Retribution: punishment, if proportionate, is a morally acceptable response to a crime (eye for an eye) � Deterrence: use of punishment as a threat to prevent people from committing crimes � Rehabilitation: assumption that people are not permanently criminal and can be restored to contributing members of society � Incapacitation: society will be better off with offenders behind bars and off the streets �Is it effective?

Statistics �The United States imprisons more people than any other nation in the world � 2, 266, 800 adults were incarcerated in U. S. federal and state prisons and county jails by the end of the year 2010 �This accounts to. 7% of the U. S. population �Washington state has 17, 772 prisoners costing $1, 162, 467. 00 per day

Image from a California state prison…

Driving forces behind overcrowding �Three strike laws- statutes enacted by state governments that require state courts to impose a life sentence on persons who have been convicted of two or more serious crimes �Litigation delays- defendants that are unable to post bail stay in jail until trial date �New sentencing guidelines- harsher sentences, war on drugs

Driving forces, con’t �Movement from indeterminate to determinate sentencing �Determinate sentencing: a sentence for a fixed or minimum period that is specified by statute �Indeterminate sentencing: a sentence with no definite period of time; length determined based on inmate’s conduct �Demographics- at-risk populations �Economic recession �Rising crime rates and a growing population (arguably)

The Eighth Amendment �The Eighth Amendment protects against excessive bail and cruel and unusual punishment �Discussion: �Arguments that prison overcrowding is a violation of the Eighth Amendment against cruel and unusual punishment �Arguments that prison overcrowding is not a violation of the Eighth Amendment against cruel and unusual punishment