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Critique of America's justice system

by Kerry Hosking

Created on: March 20, 2009

The divisions of law enforcement at the federal level, state, and county levels should remain largely intact. Any attempt to move responsibility entirely to the federal level would result in not having enough law enforcement officials, as well as confusion concerning procedures for investigation, apprehension, and the prosecution of offenders.

Each state should be left to determine punishments for most crimes on a case by case basis. As well as punishments, many of the procedures used to collect evidence should be determined by each state, rather than under the umbrella of federal law. Jails are clearly overcrowded already, without handing out harsh penalties and detention for non-violent crimes such as unpaid child support, and bulk amounts of unpaid parking tickets. There have always been cases of murderers and rapists walking free on technicalities while someone who commits a non-violent crime is sent to prison. This creates more problems, such as leaving families without their primary income earner, and having to place many of them into the welfare system where crime rates are higher due to poverty.

The punishment for child sex offences is a great example of the poorly functioning system of justice. The people are able to move freely from one place to another, work wherever they wish (assuming policies allow them to be employed) and to continue living as a functioning member of society. This freedom to live anywhere they choose is based solely on the requirement that they register their presence with local law enforcement, and apparently most do not. In contrast, many jails and prisons have inmates who are serving long sentences for a string of crimes far less serious, and will they will eventually be returned to society without being capable of functioning properly in the outside world. A one-size fits all approach to the punishment of child sex offenders needs to come from the federal level, and with harsher penalties overall, not according to a category they belong in. No child is ever partially sexually abused'.

There needs to be more rehabilitation for criminals before re-entering society, and treatment for those who are mentally disturbed and incarcerated. Releasing a violent criminal into the community because he or she is mentally ill does not keep people safe. Any disturbed individual who is potentially violent needs to be away from the population until they are considered to be non-threatening; these laws need to come from the federal level to be effective.

In general, the biggest problem seems to be communication between federal, state and local departments. Any information on file should be accessible by all divisions without restriction. This freedom to access information readily would allow law enforcement officials to access information needed to pursue, apprehend and punish individuals who roam freely between states. The events leading up to the attacks of 9/11 are a prime example of the lack of communication.

Learn more about this author, Kerry Hosking.
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