Throughout the history of criminal justice there has been evolving public policy, change in correctional operations, reforms in sentencing and forms of punishment to conform to the society’s more progressive attitude and response to crime. The society’s progressive attitude has been influenced by the changing customs, socio-economic conditions and political ideals (Bradley 47).
True, the decisions of the court are generally based on nature of the crime, evidence and the manner of the plaintiff and defendant. However, public opinion often influences the court decisions in the most intriguing way and has swayed case law over the years. The criminal justice has been reactive to the prevailing customs, religious and social structure and norms. During the colonial period, fornication and blasphemy were considered criminal offences and the courtroom was a public platform with part-time prosecutors who were usually laymen. Whipping, branding and mutilation were the common punishments for such criminal behavior (Zimring 60). In most colonies, capital punishment was rare except for black slaves who were often not spared by the hangman.
The society perceived criminals as members of the community who had gone astray and the general public opinion of justice was shame and redemption. Sin and crime were correlative and therefore there was no such a thing as incarceration for repeat offenders. Since communities were mostly close-knit and deeply religious, the criminal justice reaffirmed their popular culture and the society’s religious aspirations.
The mobility of American life following the influx of immigrants and the onset of industrial revolution resulted in the need for better social control and more professional administration of justice. Social mobility resulted in the demand for more individual rights and greatly contributed to era of enlightened political philosophy and the introduction of the Bill of Rights. Mobility also made crime more difficult to detect and reinforced the need to have a more professional legal framework and law enforcement system. As a result, the traditional corporal punishment and retribution for criminal behavior was replaced by the desire for more humane punishments, which led to the establishment of the American penitentiary system.
Today, the society’s response to crime and criminal justice has continued to undergo significant transformation. Many people are now opposed to the punitive approach to criminal justice and a growing number prefer solutions that focus on prevention and rehabilitation rather than long prison sentences. The main reason for the public’s more progressive position is the general consensus about the nation’s justice system which is seen as inappropriate, ineffective and misplaced (Lacey 58).
While the policy makers for a long time have perceived a “tough on crime” approach as the most politically appealing, most Americans on the other hand prefer criminal justice policies that focus on deterrence and rehabilitation. Following these shifting public attitude, the policymakers have continued to comply by coming up with policies that reflect the society’s new perspectives (McKenzie 94). The new policies are often crafted carefully to ensure that they strike a balance in prevention, punishment and rehabilitation while at the same time reducing crime and ensuring public safety.
Some of the new policies that reflect the new perspectives include the policy approach dealing with drug trafficking and drug addiction (Sechrest 45). The proposal requiring mandatory supervised drug treatment and community service is regarded by many as an effective and progressive policy (Carter 73). Community service approach rather than prison time for people convicted of drug possession has also received an overwhelming support.
Works Cited
Bradley, Lord. Managing Offenders, Reducing Crime and Public Safety. New York: Lord Bradley Publishers, 2013. Print.
Carter, David. The Asylum and Its Alternatives in Progressive America. Boston: Foundation Press Publishers, 2014. Print.
Lacey, Bonczar. Probation and Parole in the United States. Chicago: University of Chicago Publishers, 2012. Print.
McKenzie, Simon. The Impact of Probation on Criminal Activities of Offenders. Cambridge: Anderson& Blake Law Publishers, 2014. Print.
Sechrest, White. Rehabilitation of Criminal Offenders. Washington DC: White Law Academy Publishers, 2012. Print.
Zimring, Hawkins. Incapacitation: Penal Confinement and the Restraint of Crime. New York: Oxford University Publishers, 2013. Print.