Is our criminal justice system the best in the world, or is it actually broken?

[davidn3600]

Americans like to claim that their criminal justice system is the best in the world. But how good is it? Is it really the best?

Accused persons in the USA have perhaps more rights guaranteed to them than people in any other country. Right to due process, speedy trial, attorney during questioning, trial by jury, etc, etc.. In many countries, even western countries, suspects don't have such rights. Look how long the Amanda Knox case is going on in Italy, for example. And it's going to go on for several more years. In the US, this case would have been over a long time ago, one way or the other.

Minus incidents of police corruption and brutality (which is a problem but a different ball of wax), America probably has the best system when it comes to pre-trial and the investigation phases of a crime...and during trial for the most part. Beyond that though, is where things start to get very foggy.

There are different studies on this, but the Innocence Project estimates between 2.3% and 5% of prisoners in the United States are in prison for crimes they did not commit. Might sound small, but to give you an idea of the number, that's about between 40,000 and 100,000 inmates. Worse, once convicted, it takes an average of 14 years before a truly innocent inmate is exonerated. So many people who are innocent end up serving their sentences and never have their name cleared. Yet we have an American public angry that it takes 10+ years to execute someone. This also ends up increasing the prison population because prosecutors offer plea deals for 95% of crimes. Many times the innocent defendant will just take the plea deal rather than go to trial and risk a very lengthy sentence.

The United States has the largest prison population in the world per capita. We have more than Russia, more than Iran, more than China. But as the New York Times notes, the problem isn't the number of crimes...it's the length of sentences and increasing pressure even today for judges and juries to hand out the maximum penalty. And even then the population doesn't think it's long enough and our politicians proudly pass "3-strike laws" and zero tolerance and mandatory sentencing guidelines taking the power away from the judges. Sentences are no longer made on a case to case basis. This has all resulted in a massive prison population that is becoming increasingly expensive to maintain. America spends about $75 billion a year on prisons and jails. That means the taxpayers are paying $32,000 per inmate per year! That is just on corrections alone! That doesnt include court costs, lawyer costs, and police investigation costs.

And then the big elephant in the room....the death penalty. Banned or extremely limited in over 160 nations (nearly 80% of the world), the US remains a pretty blood-thirsty nation. The top 5 countries with the most executions is China, Iran, Iraq, United States, and Pakistan. The death penalty is also a very poor deterrent. The states with the highest murder rates oddly enough have the death penalty. Texas is probably the worst offender in all of this leading the nation with the highest rate of false convictions and leading the nation in executions. Texas is not a state to be accused of murder in.

Then you got things like the drug war and putting people in jail sometimes for years for victimless and non-violent crimes. No one is going to complain that a serial killer or serial rapist is in jail for life. No one is going to shed a tear if Ariel Castro spends the rest of his life in prison. That is what prison is for. But putting a druggie in jail for multiple years, destroying their life with a record of felony convictions, is not the way to go about rehabilitating people that eventually someday have to re-enter society. The drug war alone is costing billions. And in over 20 years, we have made absolutely no progress. It's time to try something else for that problem.

Think about this...According to the FBI, violent crime is declining in the United States since 1990. If that's true, why is the prison population increasing exponentially? And now to make problems worse, many want to go with the idea of privatizing prisons. Which means there is profit to be made to increase the inmate population, and keep them in longer.

America may have the most fair jury-trial system in the world. But that doesnt mean our criminal justice system as a whole doesn't have significant problems that are not only continuously ignored, but are being made worse by a society and government that puts more emphasis on punishment and revenge than fixing problems. America has a lot to learn and a long way to go.

Thank you for reading my little rant...I've just scratched the surface of the problems that I think plague the system and what I think is turning America into a police and prison state. By no means are these the only problems.

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[JustAnotherGen]

1. No - its not

It's the best we seem to be able to do. I like your post because it lays out the issues in a concise and simple manner. One element of the problem is not included:


http://www.slaverybyanothername.com/

It's both a book and a documentary. Jim Crow's impact is still being felt today.

[TeamPooka]

3. welcome to DU!

[davidn3600]

4. Absolutely

Race and poverty are other big problems with the system.

Racial discrimination is often used to explain the fact that 1 percent of American adults is behind bars and that we’re the only Western democracy not to have abolished the death penalty. Given that America’s prisoners are disproportionately black and Hispanic, this is understandable. But what’s often overlooked is class — even though the clear majority of white, black and Hispanic prisoners stems from the underclass and working class.

Criminal justice systems are largely a reflection of economic systems. It is no coincidence that their practices are the most humane in Scandinavian countries, known for their high degree of economic solidarity. In a society marked by sharp wealth inequality, such as modern-day America, the criminal justice system can come to negate solidarity and embody the notion that those at the bottom rungs of society are little more than a nuisance. Thus, the U.S. criminal justice system emphasizes harsh retribution, disfavors rehabilitation and tends to ignore social factors behind crime, such as poverty, failing public schools or lax gun control.

America could put an end to mass incarceration by following the example of other Western democracies. Prison terms in those countries are much shorter in all types of cases, and very lengthy terms are usually reserved for the worst offenders. With regard to nonviolent offenders, these countries are also less likely to rely on incarceration as opposed to fines or probation. In addition to other reforms, America should therefore abandon peculiar and counterproductive policies like the “War on Drugs,” “three strikes laws” and harsh mandatory-minimum stays in prison.

Authorizing the recreational use of marijuana — like the Netherlands, Colorado and Washington have done — could go a long way. In 2011, over 750,000 people were arrested for marijuana offenses in America, 87 percent of whom were charged with possession only. As documented by Michelle Alexander in her book “The New Jim Crow,” local police departments have received substantial federal funding to aggressively pursue minor offenders as part of the “War on Drugs.” Such incentives should be eliminated.

http://www.salon.com/2013/03/01/prison_poverty_and_pot/

[Dustlawyer]

8. Many take plea bargains for serious crimes they did not commit because they cannot afford a

compitant attorney. The Public Defender's office is grossly understaffed and underpaid in most counties, if they have one at all! If you were charged with a rape or murder you did not commit and do not have money or assets to hire an attorney, would you roll the dice or take a plea bargain? Ask yourself that question. Now ask it if the charges were in Texas where the juries are quick to convict and the DA does not care if you are actually guilty or innocent, as long as they lock you up and clear the case. Now ask the same questions if you were also Black or Hispanic. Scary huh?

[Recursion]

5. People claim that?

Americans like to claim that their criminal justice system is the best in the world.

I don't recall ever hearing that; I mostly see complaints from both the right and the left about different aspects of it.

[sibelian]

9. "I don't recall ever hearing that" - me neither. nt

[LostOne4Ever]

6. Better than some

Worse than others.

Until we get rid of the death penalty and the policy of jailing people for victim-less crime (non-violent drug offenders in particular) we can't claim its the best.

[SamKnause]

7. Justice

Last edited Sat May 11, 2013, 09:53 AM - Edit history (1)

It is an illusion like everything else in this country.

The powers that be like to blame everything on;

poor people
undocumented immigrants
cannabis users
homosexuals
Atheists


Greed and corruption are destroying this country.

When a new administration believes that the previous administration should not be held accountable the rule of law is not being upheld.
When any administration does not hold accountable those who caused a global economic meltdown the rule of law is not being upheld.
When any administration interferes in foreign affairs for the soul purpose of the interest of this country the rule of law is not being upheld.
When a corporation has more rights then living breathing humans the rule of law is not being upheld.
When those in power pardon politicians and bankers who have broken the law and been convicted the rule of law is not being upheld.
When a country tortures and imprisons innocent people the rule of law is not being upheld.
When laws are passed based on religion instead of science the rule of law is not being upheld.

The scale of justice is out of kilter and will remain so as long as psychopaths have all the power.

Our government is filled with psychopaths.
Our corporations are run by psychopaths.
Wall Street is run by psychopaths.

[DLevine]

11. 100% agree. nt

[99Forever]

10. "Americans like to claim that their criminal justice system is the best in the world."

Which "Americans" would that be? I honestly don't personally know anyone making such a ludicrous claim.

[Recursion]

12. Yeah, even really jingoistic people don't like our criminal justice system

I mean, I think this is one aspect of our country that pretty much the entire political spectrum agrees is flawed.

[99Forever]

13. I don't get why some folks...

... start out to make a legitimate comment about something, but then lead into it with a false assumption or false generalization, such as the OP did. Kind of leaves me scratching my head.

[zerosumgame0005]

16. seriously dudes

I hear it all the time from people found not guilty...

[bemildred]

14. It is disastrous, and very corrupt. nt

[Zorra]

15. Depends on your POV. Our criminal justice system is great for private for profit enterprises

and those who can easily afford to pay for attorneys and legal services.

The rest of us, not so much.

War criminals and Banksters are not prosecuted here, while granny growing medicinal flowers for herself has to pay for her "crimes" because de herb cuts too deep into big pharma's bottom line.