You can find the good in any bad situation or institution, and vice versa. The justice system isn’t without controversy, and it’s easy to see why. After all, the incarceration and recidivism rates are still high.
However, societal and institutional changes have helped people see the good in the justice system. Navigating the gray areas of the justice system is the hard part. Follow along as we highlight the good, the bad, and the gray areas of the justice system.
Understanding the Gray Areas Within the Justice System
Many people have strong opinions about the justice system and the negativity surrounding it. However, the justice system also boasts positives and gives many people peace of mind. In between the good and the bad, there lies a big gray area. Some of the widely debated gray areas of the justice system include:
1. Societal Biases
Sadly, societal biases still taint the criminal justice system in many cases. Some states and cities are more progressive, but many communities still have antiquated biases. In some cases, this starts with police officers who may profile someone based on their appearance.
This can extend to the judge, jurors, and correctional officers. There are rules and recommendations in place meant to prevent such problems, such as the juror selection process. However, biased officers, judges, and jurors can still slip through the cracks.
Luckily, society has made a lot of progress, but we still have a long way to go. Today, people hold the criminal justice system more accountable than ever, and that’s necessary. Things are more clear than ever, and things will hopefully continue in that direction.
2. A Lack of Rehabilitation
There is a lot of debate about whether or not correctional facilities rehabilitate people. However, this is another gray area as correctional facilities vary in many ways. For example, minimum security prisons aren’t considered as dangerous, thus the lower need for extra security.
Conversely, maximum security prisons have many corrections officers because they typically house violent offenders. Unfortunately, judges also send nonviolent offenders to maximum security prisons in many cases. Many people point out that sending nonviolent offenders to prisons with violent offenders can create a recipe for disaster.
Some say this is part of why the recidivism rate is so high in the United States. That, paired with the United States having the highest incarceration rate, with 1.5 million people currently incarcerated doesn’t do much to show that U.S. prisons rehabilitate people. Some positive programs exist, but the cons outweigh the pros if you strictly look at statistics.
3. Judicial Discretion
Judicial discretion is another big gray area in the justice system. Controversy surrounds how much power judges have, and ultimately, the control they have over lives. However, this is a gray area as judges are critical to the criminal justice system.
Like anyone else, prosecutors and judges make decisions based on how they feel. The difference is that judges make decisions that can alter someone’s life. Some people believe that judges should have more stringent guidelines regarding sentencing.
This is up for a lot of debate as it’s not a simple topic, which is why it’s a gray area. Many judges use their judicial discretion in reasonable ways and sentence people appropriately. However, oversentencing still occurs in many communities.
Finding Hope in Gray Areas
The aforementioned gray areas have been up for debate for years. However, it’s hard to deny progress, and many great changes have happened within the justice system. Citizens and people caught up in the justice system can find hope in a few key parts of the justice system, like:
1. Probation Officers
Many judges forego prison sentences and sentence people to probation. From there, the individual receives a probation officer to oversee their sentence. Probation officers don’t punish people, but instead monitor and even guide them during their time on probation.
They make sure the offender understands the parameters of their probation to help them avoid violations. From there, they conduct drug screenings, phone calls, and meetings to see how they’re doing. This is a great system to help offenders avoid prison time, which may be traumatic.
It also helps keep offenders out of more trouble, provided they follow conditions. Probation officers can help people find hope and avoid repeating the same mistakes that got them there. The satisfaction of helping others is an unspoken part of a probation officer’s salary.
2. Forensic Social Workers
Forensic social workers counsel people on both sides of the justice system. For example, they often counsel victims of violent crimes, such as domestic abuse. They also meet with and counsel people who are on trial and or in correctional facilities.
Some may argue that this is the type of rehabilitation that should be more widespread within the justice system. Forensic social workers can help offenders get through the hardest times of their lives. Proper guidance can help someone avoid the vicious cycle of repeat offenses.
3. Correctional Teachers
Prisoners have access to education in many correctional facilities, and it is one of the best forms of rehabilitation. So much so, that 10% of the GEDs issued each year come from correctional facilities. Many people enroll in college courses behind bars as well, but only 2% earn associate degrees.
However, many of them continue their education upon release. Correctional teachers offer inmates hope and help prepare them for life after incarceration. Taking classes behind bars can create great opportunities for when they get out.
Sadly, people with criminal records still struggle to get great jobs. However, making great use of your time during your sentence can help your case. Correctional teachers improve people’s lives and make a big difference.
It’s Easier Than Ever to Find Hope in the Justice System
Societal changes have made a big difference in the justice system. People demand and expect change, and it has resulted in the justice system taking more accountability. We must also appreciate the positive aspects of the justice system, like forensic social workers, public defenders, and correctional teachers.
They help advocate for people who are caught up in the justice system. The rehabilitative nature of prison isn’t what it should be yet, but many people still find hope in it. Things will only continue to get better.
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Guest Author Bio
Sarah Daren
With a Bachelor’s in Health Science along with an MBA, Sarah Daren has a wealth of knowledge within both the health and business sectors. Her expertise in scaling and identifying ways tech can improve the lives of others has led Sarah to be a consultant for a number of startup businesses, most prominently in the wellness industry, wearable technology and health education. She implements her health knowledge into every aspect of her life with a focus on making America a healthier and safer place for future generations to come.
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