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Issues Facing the Criminal J ustice S ystem

Issues Facing the Criminal J ustice S ystem. Model Lesson Plan Kelly Nieto. The criminal justice system defined. What is the criminal justice system?

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Issues Facing the Criminal J ustice S ystem

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  1. Issues Facing the Criminal Justice System Model Lesson Plan Kelly Nieto

  2. 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?

  3. 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

  4. Image from a California state prison…

  5. Driving forces behind overcrowding • Three strike laws- statutes enacted by state governments that require state courts to impose a life sentenceonpersons 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

  6. 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)

  7. 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

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