Part One: History
1607–1775: The Colonial Era
The criminal justice colonial era is classified into the village period (1607-1699) as well as the town period (1700-1775). The overall colonial period is characterized by a strong dependence on informal social control rather than formal societal control (Criminal Justice System). The criminal justice system during the village period (1607-1699) was greatly influenced by the need to create and survive in a new world. The main focus was on the immigrants who arrived in America for various reasons, for instance, to avoid a biased government that mistreated them based on their classes or to avoid persecution resulting from religious issues or differences (Neubauer and Fradella 25). American settlement was influenced by numerous social, political, survival, and economic factors.
The colonists lived under the law of England, but the large geographical distance that existed between America and England did not permit strict implementation of those severe laws. Consequently, the colonists started to create their own justice laws as well as legal bodies. The colonial laws in the early 18th century started to resemble the criminal laws of England much more closely. Luckily, the rate of crime was low since there was a very strong need for survival, resulting in little opportunity or time for committing or engaging in crime (Burnham 55). Property crime rose slightly as a result of the establishment of settlements. However, the main social-control focus in this village period concerned various religious crimes. Many of the colonists who came from England because of religious oppression were highly influential in integrating religion into the codified laws.
Church meetings, families, and town meetings were the main social-control agents in this village period. The town meetings took on the roles of courts by offering punishments, settlements, and resolution of various disputes between groups or individuals. Families had the responsibility of controlling the behavior of their children since there was no justice system for juveniles at that time. Corporal punishments such as whipping were common for any egregious habit or behavior. Free from religious intervention, numerous colonists established new norms and more rules that were strictly implemented after becoming part of the laws. Accordingly, church members worked like courts, issuing different kinds of punishment, such as expulsion from the church congregation as well as admonition of people who engaged in unacceptable behavior in society. Expulsion from society, in general, provided another means of punishing individuals in the community (Reiman and Leighton 44).
The low rates of crime in the New World highly influenced the shape of the criminal justice system during that period. The policing, court, and correction systems remained the same as those in England; however, there were numerous changes in the laws implemented. The differences that developed between the Old and New Worlds demanded that the body of law brought from England to America be changed. For instance, religious freedom and settlement laws needed reconsideration.
1776-1828: A New Nation
This period was characterized by a need to establish as well as organize a legitimate community. Implementation and development of a government were the main societal concerns of this era. The efforts in this period included developing a criminal justice system. The crime problem arose at the beginning of the revolution. Various responses to the increase in crime resulted in the development of a system of criminal justice that was based on the English version. For example, the power of the police was limited, and peace officers emphasized municipal regulations and public health more than confrontation and prevention of crimes. The courts were established. The revolution provoked reforms in criminal justice. Therefore, in the 1790s, the position of attorney general and federal statutes were established (Cole et al. 56).
1829-1855: The Jacksonian Era
The Jacksonian era was a great period of change in criminal justice administration as well as implementation. It was during this period that a system similar to the current one was first developed. However, this system lacked effectiveness as well as efficiency. For instance, those who settled in the western parts of the United States experienced high levels of lawlessness and had limited or no law-enforcement protection. At the same time, tougher laws resulted in more problems rather than protection. The police failed to correctly address criminals as well as crime. Instead, they were more corrupt (Pound 66). The Civil War era resulted in more challenges for the evolving system of criminal justice in the United States.
1856-1878: The Civil War Era
The criminal justice system that was progressing during the Jacksonian period ceased at the outbreak of the Civil War. Crime and the number of criminals increased (Simon 77). However, the country focused much of its attention on the war. Numerous police officers left their positions and joined the soldiers in fighting the war. The courts were also much more concerned with war-associated cases than with criminal cases in the country. The system of criminal justice would have developed significantly; however, the war demanded much attention.
1879-1899: The Gilded Age
The Gilded Era brought much hope to the people of America, who had now redirected their attention from the war to the country’s establishment. Crime increased as a result of discrimination and poverty, among other calamities. The system of justice was highly needed. As a result, many individuals were employed in courts, corrections, and policing. For instance, in 1870, the Justice Department was formed at the federal government level. There were many developments concerning juvenile justice near the end of the Gilded period (Burnham 44).
1900-1919: The Progressive Era
This was a period well known for important changes in United States history. Various reformers fought for justice for immigrants as well as criminals. During this period, the system of criminal justice gained independence from political influence. At the same time, the juvenile justice system was separated from the adult criminal justice system, signifying true reform. By the end of 1914, almost every state had a main criminal justice component that represented the current criminal justice system (Pound 59). However, World War I changed Americans’ focus and halted the progressive reforms.
1920-1939: The Crisis Era
After World War I and the recession ended, the United States anticipated a hopeful 1920s. However, things took a different turn, resulting in a Crisis Era. Depression and Prohibition combined and resulted in a great deal of criminal behavior (Pound 57). For instance, the crisis resulted in another crime involving the preparation and manufacture of alcohol. Similarly, police departments were fighting crimes from a political perspective. Similar problems were experienced in corrections, juvenile justice, and courts. This era was turbulent, but the Depression ended in the 1930s, and Prohibition was repealed in 1933. However, World War II confronted the U.S. again.
1940-1959: The War Years
World War II again took the attention of Americans, and little was done in the criminal justice system. The United States was experiencing many problems, such as discrimination based on race, gender, and class. World War II was followed by economic prosperity. As a result, crime rates were low between 1940 and 1950. However, fewer reforms were evident in the criminal justice system during this era (Pound 57).
1960–1979: The Nationalization Era
The impacts of the Nationalization Era are evident even in the current criminal justice system. For instance, corrections and court personnel were not prepared for the increased number of cases. As a result, various criminal justice programs were introduced to increase the manpower required during this period (Pound 57). Crime increased from the 1960s to the 1970s. This period fostered a focus on the criminal justice system. This resulted in a great expansion of the system in the year 1980.
1980-2001: The Post-Modern Era
The economic stability during this period resulted in a decrease in the crime rate. The government expanded its fight against drugs and the number of males in the criminal justice system. The number of prisons increased in the 1980s (Pound 57). Similarly, police departments increased as well. The United States had a strong belief that it had managed to create a more effective and efficient criminal justice system. However, a new crime and justice era started after the terrorist attacks on September 11, 2001.
2002-Present: The Homeland Security Era
After the terrorist attack, the Department of Homeland Security was developed to fight various crimes. This system is considered to be progressive. As time moves on, various systems, such as technology, have been incorporated into the criminal justice system. The main purpose of this department is to protect the country. At the same time, it provides greater coordination and cooperation within federal law enforcement (Pound 57).
Part Two
Police
They are public agencies whose purposes include maintaining order, providing services, and implementing criminal laws. The function of police officers in society is to control as well as prevent crimes. They also collaborate with prosecutors in gathering evidence and investigating criminals in order to obtain evidence that is used in courts (Pound 57).
Courts
They are tribunals where judges or juries determine an individual’s responsibility for violating criminal law. The functions of courts are to discover any hidden truth as well as seek justice. The main actors in the courts include judges, defense attorneys, and prosecutors (Neubauer and Fradella 158).
Corrections
They include parole, prison, jail, and probation, as well as various new community-based sanctions such as house arrest and electronic monitoring. The purpose of corrections agencies is to rehabilitate, ensure the safety of the public, and punish (Cole et al. 34).
Part Three
Definition Of Crime
Crime involves unlawful acts that are punishable by an authority or a state. However, there is no universal definition of this term. The most appropriate definition is that crime is created by law (Beaver 56).
Major Theories Of Criminal Behavior
The theories can be largely classified into two categories: biological theories and sociological theories.
Biological Theories
The biological theory of crime assumes that certain individuals are born criminals. They are physiologically different from non-criminal people. A common approach is Cesare Lombroso’s approach (Thornberry 96), in which he explains, using Charles Darwin’s ideas, that criminals are atavistic: not well-developed or mal-developed. After examining various prisoners, he realized they had the same physical traits. Thus, he suggested that criminals had a mal-developed brain. However, it has been found that physical examination is not necessary. Thus, biological theories have developed with the inclusion of neurological conditions, biochemical conditions, genetic inheritance, and intelligence in explaining criminals.
Sociological Theories
These theories suggest that crime results from factors external to a person, such as peer groups and neighborhood experience. For instance, Social Disorganization Theory, formed after research, explains that delinquency patterns were high in regions with poor health, socioeconomic transience, disadvantaged populations, and poor housing. This made researchers conclude that crime was a result of neighborhood experiences (Simon 35). Other contemporary crime theories include Defensible Space Theory, which establishes the relationship between crime and the surroundings; Broken Windows Theory, which relates crime to low-level disorders; and Routine Activities Theory, which explains how various opportunities in daily life result in crimes.
Other sociological theories include Strain/Anomie Theory, Subcultural Theory, Social Control Theory, Rational Choice/Right Realism Theory, Relative Deprivation/Left Realism, and Feminist Perspectives/Gender (Beaver 57).
References
Beaver, KevinM. Biosocial Theories of Crime. Routledge, 2017.
Burnham, William. Introduction to the Law and Legal System of the United States. West Academic Publishing, 2016.
Cole, George F., et al. The American System of Criminal Justice. Cengage Learning, 2018.
Neubauer, David W., and Henry F. Fradella. America’s Courts and the Criminal Justice System. Cengage Learning, 2015.
Pound, Roscoe. Criminal Justice in America. Routledge, 2018.
Reiman, Jeffrey, and Paul Leighton. The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice. Routledge, 2015.
Simon, Jonathan. “Governing through Crime.” Law and Poverty, Routledge, 2017, pp. 97–115.
Thornberry, Terence. Developmental Theories of Crime and Delinquency. Routledge, 2018.
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