The American Criminal Justice System: Reform and Racial Profiling

Introduction

The criminal justice system in the United States has existed since the colonial era. Although the colonial era brought a European form of justice, the United States would later create its own criminal justice system that includes a prison and court system. None of what the criminal justice system is today was conceived or implemented at one time. Rather, it exists as a collection of progressive developments that culminated in what American law enforcement is today. Although America has improved its law enforcement methods, there are problems that have led to a desire for reform.

The American criminal justice system has roots going as far back as the 18th century. What began as a rebellion against England became a fight for independence and a chance at true freedom; this freedom brought with it a responsibility to serve and protect.

This essay will show how the American criminal justice system has changed from its beginnings in the colonial era to its current manifestation. It will offer a brief analysis of the various components of the system — from the courts to the prisons and police officers — and examine how these components may have contributed to the racial profiling and profiteering witnessed in today's criminal justice system.

Defining the Criminal Justice System

The criminal justice system can be defined as follows: "The criminal justice system consists of three main parts: (1) law enforcement (police, sheriffs, marshals); (2) adjudication (courts, which include judges, prosecutors, and defense lawyers); and (3) corrections (prison officials, probation officers, and parole officers)" (US Legal, 2017).

Aside from these three main components, criminal justice agencies exist to help the public and criminal offenders through rehabilitation and additional services. These agencies were not part of the American criminal justice system during the country's earlier phase, when there were no prisons or formal police forces. The system was originally modeled on law enforcement practices in England and France.

The current form of the criminal justice system in the United States involves a police force, a court and prison system, and rehabilitation measures. "Normally, the first contact an offender has with the criminal justice system is through police, who investigate suspected wrongdoing and make an arrest. Next is the court, where disputes are settled and justice is administered" (US Legal, 2017). The prison system is where the most significant changes occurred. Although it was not widely adopted until the late 19th and early 20th centuries, the American prison system was the first to offer courts the option of imprisoning criminals at both the state and federal level. Federal prisons provided the option of incarcerating criminals who committed crimes against the federal government or crimes affecting the country as a whole. The main problem, however, lies in the state and local prisons, where overpopulation and overcrowding remain persistent concerns.

Two competing prison models emerged in the early 19th century. "Most states followed a New York prison model called the Auburn plan. It was named after the Auburn Prison, opened in 1821 as a maximum-security facility. Inmates were locked in separate cells at night but worked in groups during the day" (Bettman/Corbis, 2017). Americans were among the first to implement a true prison system, and the system has continued to change every couple of decades. These changes came as a result of internal government shifts — such as those brought on by the Civil Rights Movement — as well as privatization efforts. The prison system became the primary means of rehabilitating criminals in the United States, while the court system and police officers aimed to curb criminal activity through arrest and incarceration.

This trajectory has led to voices of dissent over American law enforcement. One prominent criticism is the disproportionate incarceration of Black Americans compared to white Americans — a hot-button topic that has fueled calls for criminal justice reform. Along with racial profiling, harsher sentences have created ongoing difficulties for Black Americans in obtaining employment and avoiding subsequent arrests.

Racial Profiling in American Law Enforcement

Racial profiling has generated serious problems for the American criminal justice system. Many researchers and journalists have documented the disproportionate arrests and harsh treatment of Black and Latino Americans compared to their white counterparts. Cases like that of Eric Garner have helped illuminate the intersection of police brutality and racial profiling:

In Garner's case, for example, police targeted him for the petty crime of selling loose cigarettes — the type of crime Black people are targeted for at higher rates — and then attempted to arrest him with a chokehold, banned by the department. Whatever else we have learned from the recent tragedies of police violence, it is clear that we need comprehensive federal, state, and local policies that outlaw racial profiling and rein in police excessive force (Natarajan, 2014).

Cases like Garner's have grown in number and cast a harsh light on racial profiling and the police brutality that can follow. Growing evidence of these problems has led increasing numbers of Americans to call on the government to reform the criminal justice system, beginning with how police officers treat specific populations.

One area where Americans have sought reform is the stop-and-frisk program. "The NYPD's controversial stop-and-frisk program shows similar evidence of racial profiling, with police targeting Blacks and Latinos. In nearly nine out of ten searches, police find nothing. Likewise, excessive force by police persists despite the Constitution's prohibition on unreasonable searches and seizures" (Natarajan, 2014). Not only is the program wasteful and productive of unnecessary arrests, it perpetuates a culture of fear in communities of color. A simple act such as walking away can be interpreted as combative, and police may charge the individual with unlawful conduct. As Natarajan (2014) notes, "Racial profiling — as well as profiling based on religion, ethnicity, and national origin — continues to plague our nation despite the constitutional guarantee of equal treatment under the law."

Racial profiling extends beyond these programs into everyday encounters, such as traffic stops. Police officers may disproportionately ticket people based on race. One case illustrates this clearly: "Rufus Scales emerged from the encounter with four traffic tickets; a charge of assaulting an officer, later dismissed; a chipped tooth; and a split upper lip that required five stitches. That was May 2013" (LaFraniere & Lehren, 2015). Scales had simply attempted to speak to the officers and was tasered, fell to the ground, and sustained injuries. He was subsequently charged in court.

His brother Devin developed a lasting fear of police, as have many Black Americans. "Today, his brother Devin does not leave home without first pocketing a hand-held video camera and a business card with a toll-free number for legal help. Those pervasive doubts about police mirror those of millions of other African-Americans" (LaFraniere & Lehren, 2015). American citizens like Rufus and Devin should not have to fear the very officers meant to protect them. Police officers are meant to serve as guardians of the criminal justice system, aimed at preventing and stopping crime at the local level. Instead, as the article notes, even when white Americans are found to possess twice the amount of contraband, they are not searched as frequently — suggesting that race, not behavior, drives the decision to stop and search.

Conclusion

The American criminal justice system is one that has existed for centuries. Although its current form is only decades old, it carries roots from England and France, blended with a uniquely American interpretation of law enforcement shaped by the creation of prisons. While the history of American law enforcement is rich with change and reform, it is also rife with problems. The central challenges facing the system today are racial profiling and harsh sentencing.

Black U.S. citizens face increasingly long periods of incarceration because of laws like the three-strikes law, which have contributed to overcrowding in prisons and prompted some to point to the use of prisoners as a form of cheap labor. Some attribute this problem to the privatization of the prison system, in which corporations profit from prisoner labor. Whether privatization directly influences other parts of the criminal justice system remains a matter of debate. What is certain is the inadequacy of current law enforcement to provide meaningful rehabilitative efforts. As research suggests, harsher and longer sentences do little to alleviate crime in American society.

For the American criminal justice system to improve and move beyond its current problems, it must return to its foundational purpose. People sought a criminal justice system to provide fairness and effective government protection from criminal activity. If the system fails to deliver this, it must reform. Such reform has occurred before — during the colonial era, the post-Revolutionary period, and the civil rights era. The time has come again to restore genuine justice to law enforcement and provide the protection and fairness that the public deserves.

To achieve this, the American criminal justice system must eliminate the privatization of prisons, remove excessively harsh sentencing, end racial profiling, and commit to rehabilitating individuals rather than simply penalizing them. These are the essential changes needed for a more just and effective system. Without them, public trust in American law enforcement will continue to erode, creating conditions for further social unrest.

This erosion is already visible in the form of heightened racial tension. Black and Latino Americans express fear of police, with many Black Americans describing anxiety about leaving their homes due to the threat of police brutality and unjust arrest. If these arrests are motivated even in part by financial profit, then structural steps must be taken to prevent police officers, judges, and politicians from being influenced by those incentives. The American criminal justice system is complex and ever-evolving. It has the capacity to endure the injustices of this era and transform into one that is truly fair and equal for all.

Works Cited

Bettman/Corbis. (2017). The Early Years of American Law — Colonial Freedom, Britain's Push for Greater Control, A New Start, A New Criminal Court System. JRank Articles. Retrieved from http://law.jrank.org/pages/11900/Early-Years-American-Law.html

Currie, E. (2013). Crime and punishment in America. Macmillan.

Finley, L. L. (2016). Crime and punishment in America: An encyclopedia of trends and controversies in the justice system. ABC-CLIO.

LaFraniere, S., & Lehren, A. W. (2015, October 24). The disproportionate risks of driving while Black. The New York Times. Retrieved from https://www.nytimes.com/2015/10/25/us/racial-disparity-traffic-stops-driving-black.html

Natarajan, R. (2014, December 14). Racial profiling has destroyed public trust in police. Cops are exploiting our weak laws against it. The Washington Post. Retrieved from https://www.washingtonpost.com/posteverything/wp/2014/12/15/racial-profiling-has-destroyed-public-trust-in-police-cops-are-exploiting-our-weak-laws-against-it/

US Legal. (2017). Criminal justice system law and legal definition. USLegal, Inc. Retrieved from https://definitions.uslegal.com/c/criminal-justice-system/