Purpose Of Laws And The Criminal Justice System

Improved Essays
This paper will cover my individual perception on a variety of topics over criminal law. The questions being answered in this paper will be what are the purpose of laws, how does society impact this process, how are the laws constructed, how are the laws that are constructed defined, how does race, gender, and an individual’s socioeconomic status impact if a law gets passed and/or enforced and last, the paper will discuss if the factors just listed have changed or remained the same over time. When discussing the purpose of laws, the main focus will be on protection of individuals and crime prevention.
The main purpose of laws, since the beginning of time, has always differed. This paragraph will be talking about the purpose of laws and how
…show more content…
Also, does someone’s race, gender, or socioeconomic status affect what laws get passed? Individuals in this society tend to think that people who are not rich or who are part of the minority group tend to get harsher punishment for their crimes. Not only does punishment of individuals have to deal with someone’s race or socioeconomic status but also by their gender. People with power are the ones who are able to get laws passed. Typically, the people who have power have money. An example of this can be seen in Michael P. Roth’s book titled, “Crime and Punishment: The History of the Criminal Justice System” when the black codes were established. Black codes came after the civil war and what “white legislators” were trying to do with these codes is to establish everything how it use to be before the civil war. These codes denied blacks/former slaves to marry whites, they also had to be employed by whites, and they were also denied the freedom to carry a weapon. These codes denied blacks the chance to prosper in the community. It denied them a chance of trying to create their own community. Black codes are the very example of people enacting laws to stay in power. The only people who could enact laws at this time were wealthy white …show more content…
A lot of the cases mentioned in this paper were from different time periods. The rich are still acquitted for crimes that the average working class person wouldn’t be. For example, David Becker was charged with two counts of rape of unconscious women and he will be serving no jail time (Johnson, 2016). This can be seen in history when husbands couldn’t under the law be charged for rapping their wives. The excuse heard for these people getting away with crimes are usually like, “Boys will be boys.” Or, “Jail time will not do him any good.” A lot of things have changed for women. Gaining the right to vote, gaining the right to property, and also gaining the right to sell are some of the things that have changed for women since the 1800s (Friedman, 2002). As mentioned before, minorities get punished harder for the same crimes that non minorities also commit. This can also be seen in history but the difference now is that minorities aren’t getting killed. Black individuals in history had their own separate set of laws known as black codes, which they had to abide by. These laws were very strict in what they could and couldn’t do. A lot of these laws, if they weren’t followed, required a fine to be paid or they put blacks to work in plantation fields without pay. These laws basically made it impossible for black to prosper. They enforced the very thing they had just got freed of, which is slavery. The

Related Documents

  • Decent Essays

    Thorsten Sellin’s “Race Prejudice in the Administration of Justice” gives an insight into how our justice system not only fails the people in society, but also fails the lawmakers. A passage states, “but he is a person who represents a class or group in society toward which the judge may have certain feelings, perhaps of disapproval or approval. ”(Sellin 213).Therefore, in no time should a group of five black and Hispanic young men gets incarcerated for a crime in which they did not commit. The rape of a white female jogger in Central Park. In a NY Times article it states, “The five black and Hispanic men, ages 14 to 16 at the time of their arrests, claimed that incriminating statements they had given had been coerced by the authorities.…

    • 175 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    When you first start reading Kitty Calavita ‘s Introduction to law and society you begin to wonder what the book will truly be about. She starts off telling you about the history of the study of law and society. She then begins to tell of how society defines law and how a definition is hard to establish. As you continue through the book you discover that Calavita is trying to make three main points. These points I would argue are law is created by society and guided by society, Law allows society to hold back individuals and even create tensions between laws and the society, and lastly that law that those in society who interact most with the law tend to shape the outcome of the laws and the system itself.…

    • 1722 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Lena Baker Death Penalty

    • 1289 Words
    • 6 Pages

    Death Penalty Essay Lena Baker, a poor African American female, was put to death by an all white, rich male jury for the murder of Ernest Knight. Knight was a white rich man who hired Lena to be his personal maid. He unfortunately abused his power towards her. He enslaved her, even though slavery was, and still is illegal. He was killed in the early 1940’s by Lena Baker.…

    • 1289 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Over the past century, significant efforts have been made to understand the effects of race on criminal justice processing and sentencing. As a result of this research, sentencing policies have undergone numerous periods of reform. Yet, racial disparities in sentencing outcomes and incarceration rates continue to give rise to serious questions about how and through what processes race continues to affect sentencing outcomes. In this essay, we will review the scholarly research on race and sentencing, and discuss a number of important sentencing reforms that have taken place in the U.S. over the past three decades in response to evidence of disparate racial treatment and to pressure from advocates for reform.…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The purpose of Black Codes being enforced was to exhibit control over the behavior and economic status of African Americans. Even though Black Codes gave African Americans certain rights, such as the right to get married and own property, it denied them the rights to citizenship and to be treated equally. For example, as I read the text on Reconstruction, (Reconstruction, Chapter 15, Section II,…

    • 650 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    I decided to do my third and final article review for this class over an article by Stewart J. D’ Alessio and Lisa Stoizenberg titled “Socioeconomic Status and the Sentencing of the Traditional Offender”. This article takes an in depth look at whether it not the socioeconomic status or how rich or poor someone is really can determine whether or not they are given a particular sentence for their crime. The main theme of this particular article deals mainly with how the socioeconomic status of an offender can directly impact the type of sentence they are given from the judge. The main topic that the reader can expect to see quite often throughout the article is how socioeconomic status plays in our sentencing structure throughout multiple crimes…

    • 1704 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Sentencing Disparity

    • 1449 Words
    • 6 Pages

    First, there are disparities in the raw numbers of sentenced individuals. How many men and women face criminal sentencing in proportion to their representation in the population? This is a complex question as it requires some assessment of criminality, arrest rates, and prosecutorial decisions for me and women offenders. Second, disparity studies must also consider the likelihood of incarceration based on gender. That is to say, even when women do appear before a sentencing court, to what degree are they ore likely to receive probationary or other alternate sentences, such as home confinement, in lieu of jail or prison sentences.…

    • 1449 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Disparities within prisons in the United States are seen among all levels. As a whole the United States alone makes up 25% of the worlds incarceration rates, 1 in 100 adults are incarcerated, these statistics create concern when researching the prison system. There are many disparities such as race, class, and gender and each of these disparities have numerous causes. The disparity within the prisons do not stop inside those walls, the disparity effects the inmate’s families and follows the ex-convicts into their post-prison life preventing them from making a smooth transition back into normal society. Prisons have levels of incarceration.…

    • 1238 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Referring to an article from the Law & Society Review (2001) “using data from Maryland, we find that African Americans have 20% longer sentences than whites, on average, holding constant age, gender, and recommended sentence length from the guidelines… Furthermore, judges tended to give longer sentences (relative to those recommended by the guidelines) to people in the part of the guidelines grid with longer recommended sentences (who are disproportionately African American) than they gave to people in the part of the grid with lower recommended sentences” (Bushway, S.D., Piehl, A., 2001). African Americans are incarcerated at 5.6 times the rate in which whites are incarcerated in the United States, a country which has the highest percentage of citizens behind bars (Atwell, M., 2012). While African Americans tend to receive harsher punishments and longer sentences than their white counterparts, this disparity in punishment can fall under warranted and unwarranted reasoning. For example, factors such as criminal history, and crime severity would be regarded as warranted reasoning for harsher punishment, whereas factors such as race, gender, and other factors that have nothing to do with legal…

    • 965 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    There’s a remarkable and outrageous racial disparities in the criminal justice system. According the research Black lives Matter: Eliminating Racial Inequity in the Criminal Justice System by Nazgol Ghandnoosh, a recent investigation of the rates at which the Boston Police Department observed, stopped, interrogated, frisked, or searched individuals without making an arrest found that blacks comprised 63% of these police-civilian encounters between 2007 and 2010, although they made up 24% of the city’s population. Moreover, this study states; “Once arrested, people of color are also likely to be charged more harshly than whites; once charged, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences – all after accounting for relevant legal differences such as crime severity and criminal history.” A research table made by Bonczar T named Prevalence of…

    • 1362 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Immediately after this, “Black Codes” were enacted that essentially limited the rights of African Americans economically and politically and limited access to opportunities. The Black Codes were harmful to society as African Americans were now free, but continued to be exploited. African Americans were stuck in a situation that limited them from becoming productive members of society. At this point in time, “every Southern state except Arkansas and Tennessee had passed laws by the end of 1865 outlawing vagrancy” (Douglas A. Blackmon, 17). This meant that is was possible to arrest an African American man for not being under the protection of a white man, despite being a “free person” in the United States.…

    • 1531 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Late Modernity Analysis

    • 728 Words
    • 3 Pages

    The criminal justice system is influenced by many factors, one of the most important being society (Kraska 296). Late modernity makes sense of criminal justice behavior by situating the criminal justice apparatus within larger social, cultural and political contexts (296). This orientation has as much to do with understanding the times we live in, as with understanding the criminal justice system (296). Late modernity also places a premium on understanding the entire landscape instead of focusing primarily on the criminal justice system (296). This broader focus allows for policy creation that benefits society and the criminal justice system.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    For example, President Obama states “1 in 17 white men and 1 in 3 black men will end up in prison. It results in an unfair system; every study has shown that our institutions are biased.” For minorities the justice system today is not innocent until proven guilty, it’s guilty until proven innocent. Many color children suffer biases in comparison to their white peers. For example, President Obama states “An African American youth is more likely to be suspended from school, than a white youth engaging in the same activity.”…

    • 714 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    As you can see white people really don’t serve their full sentences, while black people are more likely to serve prison time. This shows that African-Americans are less valued by society because they are more likely to serve their full sentence compared to whites. But for some people they think white people serve longer sentences. Which isn’t true because “Black and Hispanic men are more likely to receive longer prison sentences than their white counterparts since the Supreme Court loosened federal sentencing rule “(Taylor). We can see that there was a rule that is loosened for white people.…

    • 1811 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Deviance is found in all types of societies. Some sociologists such as, Emile Durkheim, believe that deviance is universal and not abnormal in a society. Durkheim puts his ideas of deviance into a structural-functional theory, which sees society as a complex system whose parts work together to promote solidarity and stability. Whereas other sociologists, such as Alexander Liazos, believe that deviance is a result of social inequality. Liazos ideas fit into a social-conflict theory, which sees society as an arena of inequality that generates conflict and change.…

    • 937 Words
    • 4 Pages
    Improved Essays