There are three United States branches where the judiciary directs our criminal justice system. According to Judiciary House’s mission statement “The House Judiciary Committee is working on a bipartisan basis on several bills to improve the criminal justice system.
These proposals will ensure that our federal criminal laws and regulations appropriately punish wrongdoers, are effectively and appropriately enforced, operate with fairness and compassion, protect individual freedom, safeguard civil liberties, work as efficiently as possible, do not impede state efforts, and do not waste taxpayer dollars” (House Judiciary). The criminal law and “American Police State” concept developed under the judiciary system where it explained the criminal justice system as of today. The Criminal Justice system is a chain of agencies and processes that mitigate the crime, sanction those who violate the law. There are various levels of the Criminal Justice system where it operated under local, state, and federal. Its purpose is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending while protecting the innocents. The Congress created the Department of Justice to increase the Federal Government’s capacity to litigate the growing court cases from the Civil War.
Now, the war on drugs helped the fuel the prison boom and left crime rates, poverty, single motherhood, child development deficiency on a majority of African American and Hispanic American communities. Since the 1980s, the United States has been involved with drug cartel war which peaked the imprisonment world record. Many inner cities experienced multiple cycles of heavy drug users, lack of mental health care, and violent drug dealings that leads too many isolated Hispanic and Black Americans. There are 1 million men inmates behind bars in America today for drug charges, where 500,000 incarcerated in the 1980s. The number of women behind bars increased from 15,118 to 111,387 women inmates.
In 2011, black women incarcerated at three times the rate of white women, Hispanic women at a one and half rate than white women to be sent to prison. In the 21st century, the most significant and most devastating white collar crimes were the technological crimes, such as computer hacking, fraud, identity theft, environmental law violations, tax evasion, bribery, counterfeiting, money laundering, and embezzlement are committed mostly middle or high social classes. The U.S. Census Bureau showed the U.S. reached top five percent of the world’s population with over twenty-five percent of the world’s prison system.
The U.S. government estimated that every year, it spends approximately eighty billion to sustain the prisons. The Congress and the Judicial, administrative need to redress and implement the new way of criminalizing the black, Hispanics, women and high social class convicts with a fair and due process of criminal laws to reduce the prison population in the United States. The Judicial remedy on the sentencing reform has been the strictest punishment system in the world. The current federal sentencing requirements are harsh, and it may contribute to overcrowding and overwhelming federal prison budget.
According to the book, “Race In America” states, “Richard Nixon launched a War on crime to protect Americans from those who increasingly threaten our cities, our cities, our homes, and our lives.” Ronald Reagan followed by initiating a “War on drugs,” introducing harsher penalties for those found guilty of possessing and selling drugs. When Republican John Ashcroft was governor of Missouri between 1985 and 1993, the state’s prison population increased by 80% Ashcroft slashed state services by over 1 billion, while allocating over $100 million to new prison construction.” (Desmond and Emirbayer 2010: 211). In other words, the criminal justice reform has not worked but put away many minority citizens to imprisoned whether it’s a violent or non-violent crime.
Meanwhile, the President Clinton also supported of three strike laws, and his Violent Crime Control and Law Enforcement Act of 1994 allocated nearly $10 billion for the construction of new prisons and mandatory life sentences for third-time offenders. The current law imposes mandatory life sentences for third strikes drug offenses. Whether the drug became legal or illegal in the states, it is crucial as Americans to overlook at this political matter very seriously on drug issues and black lives matter movement. According to the book, “Race In America “states prisons have transformed regional economies by employing thousands of correctional officers, wardens, and other workers.
They also have expanded America’s cheap labor force, as inmates are put to work at third world wages, making everything from clothing to sold at Nordstrom department stores to graduation caps and gowns.” In other words, this explains that the prisons were enacted by our politicians to create “modern-day slavery” to target most of the minorities. It is sickening how true America’s Civil Rights and Liberties didn’t end in 1970’s. The prisons now became like a corporation and business alike complication with State and Federal laws; The White Supremacist found an alternative way to control the blacks were to utilize our political and criminal justice systems by any means necessary to keep them segregated amongst white population. According to the book, “Race In America” states, “Domestic abuse is among America’s most common forms of violence. More than 6 million women are abused by their partners each year, and in some studies as many as 1 in 4 women reports being recently beaten. Every day, three women are killed by their husbands or boyfriends.” (Desmond and Emirbayer 2010: 226).
In other words, dating violence and sexual crimes are increasing every year, and most women are victimized and devalued by people they trust. It is unacceptable behavior regardless of their relationship status, and the immoral acts have to stop by educating the general population. According to the book, “Race In America” states, “American women continue to be terrorized by rape.
Over 600 women are raped each day. It is estimated that one in five women will be raped sometime in her life, and we have reason to believe that this ratio is underestimated since as many as 60% of sexual assaults are not reported to the police. This report explains that men are more likely to perpetuate women and women more likely to stay as the victim because of shame and embarrassment.
Most of the violence happens when the victim is under the influence of substance use and absence of consent through unconsciousness. One study that evaluated sentencing decisions for rape cases found that black men convicted of raping white women received the harshest sentences, while black men convicted of raping white women received the highest. According to a study, while men, non-white and white alike, found guilty of raping Latina women served an average term of five years, and white alike, found guilty of raping white women served an average of ten years when men convicted of raping black men served an average sentence of only two years. In the article… Human trafficking is a major public health problem, both domestically and internationally. Health care providers are often the only professionals to interact with trafficking victims who are still in captivity. The expert assessment and interview skills of providers contribute to their readiness to identify victims of trafficking. Like immigrant women, many physically and sexually abused American women of color do not have equal access to protection or justice.
In other words, the increase of abuse on foreign immigrants like housemaids is becoming very dangerous. They lost their human rights once they entered their master’s house. It is very problematic in this nation that wealthy people believe in slavery. As we know today, the White-collar crime has increased over the last thirty years. It is estimated that the white-collar crime industry grosses between $300 billion and $660 billion each year. According to Sutherland’s publication of the book, “White Collar Crime,” focused much of its attention on the crimes of businessmen and organizations, 70 of which were committed in the private sector and 15 in the public sector. His book stirred much controversy amongst his peers as it focused on the misconduct of many high-profile corporations.
(Bakan, 2004). In other words, this describes the upper echelons of the criminal world, illegal acts committed by more privileged members of the society. Many white-collar crimes require, a certain degree of expertise and education, therefore, for most are committed by middle-class citizens. According to ….. In March 2009 Madoff pleaded guilty to fraud, money laundering, and other crimes associated with running the Ponzi scheme.
Madoff’s accountant, David G. Friehling, was also charged in March with securities fraud. The thousands of people and numerous charitable foundations who had invested with Madoff, directly or indirectly through feeder funds, thus spent the early months of 2009 assessing their often substantial financial losses. U.S. federal investigators continued to pursue suspects, including some other members of the Madoff family. Estimates of losses ranged from $50 billion to $65 billion, but investigators acknowledged that locating the missing funds might prove to be impossible. In June 2009 federal judge Denny Chin gave Madoff the maximum sentence of up to 150 years in prison.
According to the profilers of Federal Bureau of Investigation, the comparison of street-level Criminal behavior, white-collar criminal are three times more likely to have steady employment, five times more likely to own a home, and eight times like it to have more than $10,000 in assets. Contrast to the crimes are being committed, some white collar crimes remain perfectly legal or do not result in substantial penalties. Financial crimes, for example, were engaged in the lead up to the financial collapse of 2008 and the Great Recession that followed and those crimes still have not been prosecuted and punished. Green color times such as illegal dump toxic waste in some communities and to emit toxic pollutants can cause serious diseases have not been persecuted and punished as well.
Also, drug companies that are allowed to market legal pills whose side effects included possible stroke or loss of breath, however, the possession of marijuana are criminalized as illegal drug possession. Overcriminalization has been inefficient and ineffective system has a tremendous burden on Nation’s tax budget. The members of the House Judiciary Committee have introduced several bills to arraign to be addressed. “Perhaps more concerning the sheer number of offenses is how Congress has written many of these New crimes.
The recent growth of the federal code in all areas of life has brought with it an ever-increasing labyrinth of federal regulations, many of which also impose criminal penalties without a showing of men’s rea, which is, criminalintent” (Goodlatte 1). In other words, the sophisticated federal system has been affecting citizens with criminal charges whether it’s severe or minor, it became more problematic for us. The issue of the high regulations and laws enforced many additional criminal charges against minor offenses such as trespassing.
For example, a black man facing the natural disaster near home needed to evacuate the area to the private government property to escape the windstorm. Later, he convicted of unlawful entering premises without permission and charged with a maximum of 6 months in jail with $5,000 fine. In such a case, the Congress intended to formulate the laws, not to charge him with criminal liability. These cases became too frequent and typical in the United States. This issue is bipartisan and requires bipartisan perspectives of the House and the Senate on Criminal Justice Reform.
The Judiciary branch and the Congress may initiate the way of changing “Nation of making us felons.” However, the criminal justice reform won’t be a perfect system without many years of reform. The Rise of the “Law and Order” must be dealt with reentry policy that can lead to lower crime rate on women violence, stronger black, and Hispanic neighborhood, and reduce white collar from businesses and corporations. If treated poorly, a failure to ensure successful reentry can deepen the cycles of higher African American and Hispanic community poverty, criminality, and recidivism that prevent too many of our neighborhoods and society from reaching their fullest potentials. Today, approximately 50 million people (about 14 percent of the population) are at or below the U.S. poverty rate.
Fixing our criminal system could reduce the overall poverty rate as much as 30 percent, dramatically improving the quality of life throughout society—especially for the disadvantaged”(Koch et al.).