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Criminal Justice Module 1 SLP
Enforcement Issue: Overcriminalization
Overcoming Overcriminalization by Stephen F. Smith, Journal of Criminal Law and Criminology June 22, 2012
Recent surveys show that over-criminalizaton has become a serious concern in the American justice system (Smith, 2012). The incidence has so increased that the phenomenon tends to degrade the very quality of the system. One very serious consequence is the imposition of unjust punishment. Over-criminalization occurs in cases of poorly defined crimes. These crimes are in themselves vast in scope and in punitiveness. As such, they tend to increase prosecutorial power and thwart the opportunity for fair warning towards criminal liability (Smith).
Upon investigation, the incidence proceeds from the imposition of more severe sanctions through expansive criminal statues, extension of reach and scope and duplications of federal criminal law (Smith, 2012). Reducing and overhauling the criminal code would be the suitable measure and this need not wit for congressional intervention. And judges should themselves stop over-criminalizing (Smith).
Judicial Issue: Racial Discrimination
Race, Bias and Problem-Solving Courts by Robert V.Wolf, National Black Law
Journal, April 30, 2009
Summary -- a new initiative aimed at addressing racial bias in the delivery of justice has been made (Wolf, 2009). These problem-solving courts combine treatment and sanctions with strict judicial monitoring. They reportedly courtroom practice, affect public attitude towards the justice system, and influence major consequences, such as recidivism and public safety. The potential of these courts can well make them an effective alternative to incarceration. As regards the race issue, most of these courts connect offenders and victims to social services, some of them with cultural competencies. Some sectors have, however, complained that these courts have brought in more minority offenders into the system. It has also been argued that these courts may help minorities avoid imprisonment but in case of failure, they also incur harsher sentences. More research needs to be conducted to obtain answers to questions and clarifications to arguments (Wolf).
Custodial Issue: Parental Abduction
The Criminal Justice System's Response to Parental Abduction by Kathi L. Grasso, et al., Juvenile Bulletin, December 2001
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