The law enforcement has been referred as a collective term for the professionals who are actually dedicated to enforcing and upholding the statutes and laws that are presently in force with the given jurisdiction. There are jobs for the law enforcement that have been reported to be mainly focused on the local setting while, on the other hand, several others are focused on the enforcing and upholding the national laws. In addition to the law enforcement, the function of the legal enforcement has also been reported to involve the management of the process of punishment for the individuals who have been convicted to have committed a criminal offense, as well as the management of the incarceration processes (William, 2011).
The law enforcement process is aimed at achieving two major goals. First, the enforcement professionals are entitled with preventing the occurrence of the various crimes that have been known to be damaging in most cases to the human beings or to the whole society. Second, the individuals employed in various enforcement capacities are expected to ensure that the suspected criminals are consequently tried in such a manner that complies with the local laws (William, 2011). This paper addresses the basic goals of the criminal justice system in law enforcement. The paper defines how law enforcement works in courts and corrections. It also identifies practices that promote success in law enforcement. The paper also gives examples of changes that law enforcement has undergone as a result of the September, 2001 terrorist attack. Finally, this paper outlines the major challenges that are likely to be faced in law enforcement in the next ten years.
My definition of justice has been greatly changed since I joined the University of Phoenix; this is due to the interactions I have had with my lecturers who have so much theoretical and practical skills regarding the criminal justice system as a whole. The lecturers are drawn from different professions and include prosecutor attorneys, law enforcement officers, probationary officers, and correctional officers. These individuals who are also my lecturers have given me a new perspective to the justice system as a whole and a clear definition of justice. Further, the information I got for the various literatures on criminal justice system also helped in elaborating my understanding of justice and the criminal justice system as a whole.
Justice is defined as the protection of innocent people from a variety of wrong doings such as physical abuse and psychological abuse. These wrong doings include both serious and trivial matters. Justice has to find a balance between heavier and lighter matters in the fairest way. The criminal justice system comprises of interdependent components namely; the courts, the police, and correction facilities within the federal government. It also comprises of criminal justice agencies in every one of the 50 states. According to William (2011), there are 51 criminal justice systems in the United States. Any individual perceived to be a criminal should be accorded a fair hearing within the criminal justice system and if convicted to have committed an offense be given appropriate punishment as a way of doing justice to the society as a whole and the individuals affected by the offense.
Though the US correctional system is one of the most elaborate in the world, it is characterized by widespread recidivism. The offenders are placed in jail or under probation. During criminal proceedings, if the court has reasons that a suspect will not avail himself for hearings, it orders that he is committed to the local jails for the duration of the proceedings. Upon a guilty verdict being arrived at by the courts, the court may order that the offender goes back to the public, albeit under statutory supervision.
This arrangement is referred to as probation otherwise the offender is committed to prison. If the parole commission concurs with the prisoner’s plea that he be allowed to complete his prison term in the society, the commission may grant the request, referred to as a parole. Some crimes especially sex crimes are required to register with the local authorities after imprisonment and their details are made public. They remain with the disgraceful public tag, ‘sex predator’ for life. According to the International Centre for Prison Studies at the close of the year in 2009 a whooping 2,292,133 persons where in the jails and prisons across U. S., This is slightly over 3% of the US population in that year (Travis & Waul, 2003).
There are four main philosophical objects of incarcerating a person who the criminal justice system has determined to be guilty of an offense. One, it is the noble reason of reforming the offender to desist from his criminal ways in the days lying ahead. In the prisons there are varied aspects of the reform programs geared at appealing to the prisoner’s life in different aspects. Almost all prisons in the US have pastoral programs to help those incarcerated develop a close relation with their creator by adopting virtues and learning the evil of sin. Those in prison because of poverty driven crimes like mugging and stealing at times are equipped with relevant skills which they can use to earn an income when finally released from the prisons (Travis & Waul, 2003).
Through the victim-offender mediation programs (VOM) the prisoners are afforded an opportunity to live through the agony that they occasioned to the victim. This presents them with an opportunity not only to make peace with their victims, but also to renounce crimes. The second reason for imprisonment is to punish the offender by denying him some basic human rights and freedoms. This is referred to as retributive incarceration. Through imprisonment, the offender feels the pain attendant to crime. In the case of VOM, the offender can negotiate to pay up monies to the victims. Thus the prison system presents a medium for obtaining retribution from the prisoners (Travis & Waul, 2003).
While being locked away, the public stays safe from criminal attacks by the prisoners. This is especially true for those determined to pose a high risk to public safety if released. In some states, some released prisoners especially the ones who have faced sex crimes are required to stay clear of the public spaces to reduce cases of recidivism and harm to the public. Repeat offenders would rather be locked away than be left to roam freely in the streets in search of their next victim (Travis & Waul, 2003).
The fourth reason for incarceration is deterrence. The prison system should be structured in a way that the incarceration that individuals who have served time as much as possible are less likely to offend again. This is called individual deterrence and is reinforced if the prison life is made hard enough through privation as to make it unappealing to the prisoners. Imprisonment also should act as a deterrent to the commission of crimes the members of the public. The public would desist from committing crimes for fear of languishing in the prison system away from their families and with limited enjoyment of their human rights and freedoms. The main challenge facing this objective is the appeal of the lucrative illegal business ventures in the US prison system like drug trafficking, money laundering and extortion by the gang members residing in the prisons like the MS-13 and the Black Guerrilla Family among others (Travis & Waul, 2003).
There are a various practices currently being undertaken within the law enforcement. The three practices that demonstrate its success is, patrol and order maintenance, investigation, and social services. Patrolling and order maintenance play a vital role in crime prevention. This practice ensures that disturbances from neighbors or unruly children do not cause serious damage. Indeed, the fundamental function of the law enforcement is to ensure that the criminals are barred from carrying out their criminal activities and that the whole society is protected from criminals. The police force has been charged with carrying out patrols in order to deter the criminals from committing any crime (May et al., 2007).
Investigation on the other hand allows for gathering of accurate information to be used in the court of law. This ensures fair judgment and punishment. After an investigation, arrest is carried out by the police officers in charge following issuance of an arrest warrant that makes the arrest legal. This is normally carried out after the alleged criminal offense has been properly investigated and an individual is linked to the crime beyond any reasonable doubt. The first step in this case is the felony act. This has been reported to actually depend on whether the alleged crime has been actually reported or that the law enforcement officers are aware of the alleged crime and are therefore under an obligation of carrying out the investigation (May et al., 2007
Through a clear and consistent investigation carried out, the law enforcers such as the police officers are in a position of making a determination as to whether the offense was actually committed. From the investigation, the officers can carry out an arrest incase they believe that a given crime was actually committed. At this particular stage, the police will only employ their discretion in making any decision. The outcome of the action is dependent on the gravity of the particular crime, the criminal history of the individual suspect, and the personal philosophers of the officers involved and the wishes of the victim. Incase an arrest is made; the suspected criminal is placed in a local jail or a local detention center. The charges are filed by the office of the attorney for prosecution purposes (May et al., 2007). The first appearance is made by the defendant following the filing of the charges by the prosecuting attorney (Lippman, 2010).
This particular stage is reported to have some loopholes that can lead to a denial of justice. The police officers have the absolute jurisdiction of releasing and arresting the suspected criminal on the grounds of inadequate evidence. This simply shows that several crimes that are actually committed are not likely to lead to an arrest. Studies have reported that in the United States, about 16.3 percent property related crimes as well as 45.5 percent violent related felonies are actually cleared by the police following arrest. Indeed, the police officers should not have the autonomy due to the fact that, they in several cases end up releasing the criminal suspects who have committed grave crimes. The police have also been reported to lack the knowledge of making a determination of the gravity of the perceived criminal act (May et al., 2007).
Social services are administered through social workers. This practice ensures the well being of every individual is taken into consideration and assistance offered where needed. The social services include community policing that has promoted the organizational strategies which are aimed at enhancing partnerships in solving crime within the community. It is based on based on three main components, organizational transformation, community partnerships, and the problem solving process. It has been reported that community policing has been extremely successfully in achieving its goal globally. This paper will therefore explore the effectiveness of community policing (Morabito, 2010).
Following the fact that several research studies and officials of the law enforcement recognized the growing need for the cooperation between the community and law enforcers, there been more efforts made toward achieving this by employing the approach of community policing. The primary goal of this approach is the prevention of the increasing neighborhood crime, enhancement of the quality of life within the communities, and reduction in the fear of crimes. The philosophy of this approach is the encouragement of collaborations of the community residence, police, and other stakeholders in the process of implementing strategies that are aimed at prevention of crime. This philosophy has gained a lot of popularity within the law enforcement circles globally. This philosophy was enhanced in the United States in 1994 during which the office of community oriented policing services was created and subsequently adopted by over 12 thousand departments of police and several other agencies. This move led to the training and hiring of several community officers and several other personnel in order to enforce the law. The government has been supportive of this philosophy and has provided several funds through the community policing grants (Morabito, 2010).
After the September 11, 2001 attack, a lot has changed in the criminal justice system. There has been the implementation of the Department of Homeland Security (DHS) as well as the US Patriot Act as a result of the attack. Tom Ridge, the former governor of Pennsylvania steered the formation and implementation of DHS (Department of Homeland Security). This has led to the formation of new organizations. An example of such organizations is the Transportation Security Administration (TSA) that runs security in all airports in the United States. There has also been increased security surveillance in all airports since the attack (Ritter, 2006).
One of the largest U.S. security strategy reorganization since the enactment of the National Security Act of 1947 was the creation of Homeland Security Act of the year 2002 which subsequently created the Department of Homeland Security (DHS). The primary mandate of the Act was to prevent the U.S. from terrorist attacks; reduce its vulnerability to terrorism as well as minimizing the damage and assisting in the recovery from any terrorist attack that occurs in the U.S. (United States Department of State, 2006, p 14). Since its establishment, DHS has been effective in improving the national security with a composition of 180,000 staff and operating on a budget of about 40 billion dollars in a year. The department has been able to operate diligently in securing border security, securing the U.S. transportation system, protection of critical infrastructure, preventing weapons of mass destruction, increase defense against biological threats, increase emergency preparedness, and improve information sharing (Boone, 2006).
In October 26, 2001, the US Patriot Act was signed into law. This act had a great impact on the authority of law enforcement on individual right. This was made in an effort to combat terrorism. After the September 11, 2001 attacks, there have been efforts to boost the effectiveness of communication systems and emergency response services. After the attacks, new communication as well as training programs has been established across the country (Ritter, 2006).
Three Biggest Challenges in the Next 10 Years for the Component
The world today has diverse cultures. As a result of this, it is difficult to generate policies that will ensure a fair criminal justice system for all. It will take a very long time to be able to achieve a world that has a more fair justice system (Greenberg & Colquitt, 2005). By 2040 we might have a more shared culture because of trends as globalization, spreading diversity, and mobility. A major challenge in law enforcement is training. Although it is hard to predict future events, there ought to be an understanding of likely events in order to combat the risks and challenges that may occur. Moreover, having comprehensive knowledge of these risks and challenges can enhance appropriate training to prevent losses.
Communication is a challenge that comes hand in hand with training. It is expensive to put in place adequate communication systems to be used in case of suspected threats (Schmalleger, Hall & Dolatowski, 2009). For instance, there could be intelligence that a certain building has been targeted for bombing. It will be almost impossible to be able to pass such information to all persons who use the building. Finally, the area of law enforcement is certainly destined to increased improvement with the advancement in technology. However, the advancement in technology has led to emergence of cyber crime that will pose a major challenge to the criminal justice system. Emergence of cyber crime has posed several challenges to the societies in the world since new developments in this form of crime is being realized each day. Further, most criminal justice systems and governments have found it extremely difficult to track the individuals involved in this kind of crime through the use of conventional methods of law enforcement and implementation. However, in order to react to the increasing cases of cyber crime, it is critical for the criminal justice system to widen its technical ideas to overlap the cyber crime criminals (Cordesman & Cordesman, 2002).
In conclusion, after the September 11th terrorist attack the law enforcement system has undergone considerable changes. The first key change was the formation of the Department of Homeland Security which led to formation of other affiliate organizations to deal with security especially in the transportation sector. Communication strategies were also put in place to ease mitigation of such cases. The main challenges that face realization of the above component are adequate training, diverse cultures and the high cost of an adequate communication system.
Boone, B. J. (2006). U.S. Army War College Guide to National Security Policy and Strategy, 2nd Edition. Carlisle Barracks. PA: Strategic Studies Institute.
Cordesman, A. H. & Cordesman, J. G. (2002). Cyber-Threats, Information Warfare, and Critical Infrastructure Protection: Defending the U.S. Homeland. Westport, CT.: Praeger publishers.
Greenberg, J. & Colquitt, J. (2005). Handbook of Organizational Justice. New Jersey: Lawrence Erlbaum Associates, Inc.
Lippman, M. (2010). Criminal Procedure. Thousand Oaks, Calif.: Sage Publications.
May, D.C., Minor, K. I., Rudell, R., & Mathews, B. A. (2007). Corrections and the Criminal Justice System. Sudbury, MA: Jones and Bartlett.
Morabito, S. M. (2010). Understanding Community Policing as an Innovation: Patterns of Adoption. Crime & Delinquency, 56 (4): 564-587
Ritter, N. M. (2006). Preparing for the Future, Criminal Justice in 2040. National
Institute of Justice Journal, 625(255): 1-4.
Schmalleger, F. J., Hall, D.E., & Dolatowski, J.J. (2009). Criminal Law Today (4th ed). New Jersey: Prentice Hall.
Travis, J. & Waul, M. (Eds.) (2003). Prisoners once removed: The impact of
Incarceration and reentry on children, families, and communities. Washington, DC: Urban Institute Press.
William, J. S. (2011). The Collapse of American Criminal Justice. Boston: President and
Fellows of Harvard College
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