Evolution of the Criminal Justice System Essay

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American criminal justice system evolved, and will examine three cases, judged by the Supreme Court, which have impacted individual rights as opposed to public order.

Evolution of the Criminal Justice System

Early American colonizers brought with them the common law of the English, and established this as the crime justice system for America. This common law was influenced by the Catholic Church, and founded on the principle of guilty mind or Mens Reas. The practices were characterized by tremendous irony, as a number of English colonists had, in fact, fled their country for escaping religious persecution. These colonial laws were the status quo in America until a reform in the crime justice system was advocated by William Penn, before the start of the American Revolution. Penn -- a Quaker -- supported the need for implementation of more humane legal practices, including the institution of acceptable housing for prisoners. Following the culmination of the Revolutionary War, the American Constitution was established as the supreme document over every citizen's equal freedoms and rights. Innocent individuals now enjoyed enhanced protections, prisons grew rapidly in number, and some jurisdictions eliminated physical punishment entirely (The Evolution of the American Justice System -- University of Cinicinnati, n.d.). The next wave of disturbance and revolution in America came with the American Civil War and Reconstruction (between 1850 and 1877), owing to differences between Northern and Southern states with regard to prisoner treatment (a number of prisoners were freed African slaves) and equal rights of citizens. The country's focus quickly shifted, with the arrival of a new wave of immigrants.

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An escalation in social issues was witnessed and the "rehabilitation" concept established. President Roosevelt played a prominent role in advocating reforms during the early part of the 20th century; he put numerous progressive ideas in motion. This era witnessed the creation of the Federal Bureau of Investigation (FBI) and other important law enforcement organizations and agencies, the establishment of new sentencing regulations, and the creation of a justice system for juvenile offenders. The crime justice system of the U.S. continued evolving throughout the succeeding key phases of American history, namely, the First World War, the 1929-39 Great Depression, Prohibition and Second World War. The festive era following the two wars transformed once again into turbulence, with drug use, race riots, and war protests coming to the forefront during the sixties and seventies. The crime justice system responded through a counterattack and reversion to tougher convict sentences. The overall system witnessed expansion.

Supreme Court Cases

In the United States v. Banks case, police officials equipped with a search warrant arrived at the defendant's residence to search for and seize drugs. They announced themselves, rapped on his front door loud enough that officers covering the apartment's back door could hear it, and broke into the apartment when they received no response for 15-20 seconds (Significant Supreme Court decisions affecting law enforcement, 2004). The defendant claimed he was in the shower; he couldn't hear anything until his door crashed in. The….....

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