Share
Explore BrainMass

Challenges in criminal Justice system

Analyze the challenges of drug sentencing and plea bargaining within the criminal justice system. Be sure to cover the historical, theoretical and functional issues of each of the challenges.

Include the following elements:

An analysis of the each of the challenges
The impact of the challenge on the criminal justice system and the rest of society
The historical response to the challenge and current strategies
The effectiveness of the current response
Specific solutions & justification (rationale)
include specific references, and demonstrate knowledge of the criminal justice system, guiding theories, and administrative practices.

Solution Preview

LINDESMITH v. ANSLIGNER: AN EARLY GOVERNMENT VICTORY IN THE FAILED WAR ON DRUGS.[*]. Academic Journal By: Galliher, John F.; Keys, David P.; Elsner, Michael. Journal of Criminal Law & Criminology. Winter98, Vol. 88 Issue 2, p661-682. 22p.

The 'War on Drugs' has failed. It's time for a war on drugs. Academic Journal By: Hoyle, Ewan. Prometheus , Sep2010, Vol. 28 Issue 3, p303-307,

An analysis of the each of the challenges

The two biggest challenges facing the criminal justice system are drug sentencing and the use of plea bargaining. Drug sentences that sentence nonviolent offenders to decades in prison have resulted in the largest growth of the prison industrial industry in the history of mankind since the beginning of the "war on drugs". Since 1970, when Nixon declared a war on drugs, the prison population in America has risen from around 200,000-300,000 to over 2,000,000, which is more than most other Westernized nations combined. The sentencing for drugs doesn't comport with reality and typically sends nonviolent offenders to prison for longer sentences than murderers, rapists, and other violent criminals. In fact, the sentencing of nonviolent drug offenders has resulted in many violent offenders being released early due to the lack of space in the prison system for "violent" offenders because of all the nonviolent drug offenders incarcerated. This has been a huge problem.

The next serous issue facing the criminal justice system is the use of plea bargaining. Over 90% of cases are plea bargained ...

Solution Summary

Challenges in criminal Justice system

$2.19