Our Criminal Justice System
I am here today to talk to you about a very serious issue that needs to be reconsidered and something needs to be done about it. This issue that I am bringing before you is our criminal justice system. As many people know it has become very lax and unjust. This reason why I am writing this today to convince you that something needs to be done, and that you can join others to help fight for the long ago needed changes.
The history of criminal law and punishment can be dated back to over 70 thousand years ago in the first section of the bible.[1] It has since then changed and yet remained the same over time. During the development of the English Common Law, and during American Colonial law period, the legal principles were influenced by the Roman notion of culpa (fault) and Catholic Church’s emphasis on moral guilt. With these, the judgments from the courts began to reflect the two component parts of a criminal violation, "Actus Reas" meaning a guilty act, and "Mens Reas " meaning a guilty mind. Later would come what shaped the oaths of office from the public policy shaped by people with a Christian world-view. In their belief man is in contract with god and if he were to break that contract that he shall be punished. Because of this, the oath was formed. An oath is a contract that is sworn before god and should be upheld. And in the event of breaking the contract you should be punished. During this time a list of principles of criminal justice was formed, and would later become part of the written law. These include, Justice is proportionate to our actions, Justice is retributive, Justice is vindicatory, (and provides sanction against the offender), Justice is compensatory and (restores to the victim), Judgment under the law is declaratory (declares what is right), Judgment under the law is remedial (corrects what is wrong), Judgment under the law is directive (directs behavior), Burden of proof "beyond reasonable doubt" equates to moral certainty, Inalienable right to property. Citizens cannot be forced to give up rights to property unless they are found guilty of a crime which amounts to forfeiture, and Citizens cannot be treated like criminals unless they have been tried and convicted as criminals.
Some of the other principals formed during that time would later be used to form our three branches of government. These branches include, No human law or justice can preempt "natural (or God’s) law", Absolute rights are God given, God has placed on every civil authority the responsibility to insure that absolute rights are not infringed, and upon citizens, the government is additionally charged with protection of citizenship rights.[2]
As the development of criminal law evolved in the 20th century the American Jurisprudence moved further away from the common law principles that a crime only consisted of two elements, a guilty deed (Actus Rea) and a guilty mind (Mens Rea). With this brought the question of state of mind, and later would evolve into intent.[3] With this our criminal justice system would evolve into what it is today.
In the past century the number of violent and non-violent crimes has skyrocketed. The number of murders in the United States rose over the last century and so has the rate of other crimes. [4] This is due, I feel because the introduction of more violent gangs and our carefree remorse less environment. In a study done in the US, the rate of repeat offenders is at an all time high, rising over 75% in the last decade. The average rate of a convicted offender repeating their offences is at a staggering 98% in the US.[5] The rate of juvenile offenders is also on a frightening rise. More and more youths are being involved with crime whether it is gangs, drugs, or theft, even assault and murder. In the time between 1984 and 1994 the rate of juvenile offenders rose dramatically. The numbers of assaults and murders have doubled. They have since then dropped on a national level, but this is to be reported as less and less crimes are being reported on youths. In 2000, there were 2,369,400 youths arrested for a various amount of violent and non violent crimes. Over two thirds of these were males. Juvenile males are 20 times more likely to commit a violent crime then female youths. Most female youths are convicted on petty theft, prostitution and drugs. Whereas their counter parts are being convicted of assault, murder, sexual assault and so on. The rate of youth drug offenders has significantly risen every year. [6] Just look around in news papers or on the news everyday you hear about a youth killing another youth or raping another youth and so on. The adolescents in our community and the rest of the communities are making up at least 72% of the DUI and DWI cases. All of these could be because the great ability to be able to join gangs or get drugs, or get into trouble in general. But this could also be because parents are becoming more lax on how they raise their children. Either way something needs to be done about it.
I was reading the news paper a while back about a shooting in Anchorage that claimed the life of one of our youths. This is a disturbing story for a mother of children that will be raised in this community. But that isn’t the worst of it. As I read farther I learned that the father of the child that was shot had actually driven his daughter to the party that would end up costing her, her life. I feel that he should be charged with endangering a minor. What has happened with our society and government that it is okay for a parent to take their child to a party where alcohol and drugs will be served and where there is no supervision. Come on, it’s illegal for you to give your child drugs or alcohol, even if it is unintentional. You can be charged if you have a liquor cabinet and your child gets into it and does something wrong or gets busted you can get charged with supplying alcohol to a minor. But yet nothing happens to the supposed father who dropped his teenage daughter off at a party. Or how about another article I read about two teenagers that were severely injured during a gang shootout in Anchorage. [7] It is an outrage that the youths of our nation are out there harming and murdering others. Then you hear more and more about this person here who killed his wife and got off on it. Or the OJ case and so on. When is it going to stop? I think something needs to be done and soon. Let’s start by upping penalties for crimes or how about bringing back capital punishment and so on. Our justice system needs to start doing as its name sake and find justice for crimes that are being imposed on our nation and to the people of our nation.
I have read many different articles on the internet about different people’s opinions on some of the punishments for different crimes in the United States. For example the death penalty. There is a lot of people for it and against it. People disagree about whether capital punishment is moral or if it is effective in discouraging crime. Many oppose the death penalty because they consider it cruel.[8] There is also a lot of people that also believe that there is a risk of executing mistakenly convicted people. Here is another example, the three strike rule. This law mandates that any person that is convicted of three or more violent crimes or some lesser felonies can be sentenced 25 years to life, in prison.[9] A lot of people disagree on this because of the number of convicts serving this term on lesser felony charges.
Yes I feel that some of the views that other people have are right. That sometimes innocent people have been put to death by capital punishment laws over the years, and that the three strike rule can be cruel and inhumane punishment. But I do know that technology has advanced and that the rate of wrongful convictions has dropped. Over the last century there have been a number of technological advances in forensics which are used for solving crimes. They have advanced in the knowledge of DNA, and have developed machines that can prove a persons DNA in many different ways and even from the smallest sample. .The creation of image enhancement technology is enabling investigators to read clues such as fingerprints, footprints and bite marks.
Law enforcement agencies have linked together using main databases instead of individual ones for being able to have proper information on victims and offenders. Technological advances has also lead to the development of the national DNA database known as the Combined DNA Index System (CODIS) as well as a national fingerprint database known as Automated Fingerprint Identification Systems (AFIS). With the introduction of these two major databases law enforcement agencies have been able to solve crimes that a century ago would have been left as unsolved cases. These databases have also made it so there is less errors and a lower rate of wrongful convictions. Also with the advances in computer technology law enforcement agencies can now collect evidence from e-mail and other digital files.[10] With all these technological advances most of our criminal punishments are still out of date and need to be upgraded.
This is actually a very sore subject for me. My brother in law Keith was working at Godfather’s Pizza in 1999 when someone who was supposedly his friend robbed him and shot him execution style in the head and then locked him in a walk in freezer and left him to die. When he was finally arrested my family was forced to wait almost 8 years to see justice and what we got wasn’t really justice at all. The man accused in this brutal murder got 20 years for murder and 13 counts or robbery and drug charges. He will get almost eight years as served time and is eligible to get out next year. What kind of justice is that? A man killed his friend so brutally for only a couple hundred dollars and still has no remorse for his actions all these years later. Then here is another example of injustice for a victims family. The Bethany Carera murder. Her aledged murder just saw his trial and like Barry Anderson the man that murdered my brother in law they agreed on the lesser charge of murder 2. while this is a murder conviction they decided that it wasn’t intentional. Okay lets take a look at it? How were these murders not intentional? Lets take my brother in laws case first. How can someone say that a man walking into a business with a loaded gun to rob the place, then shooting someone in the back of the head once then locking them in the freezer and then coming back because the victim still hasn’t died and is trying to get out so he is shot again in the back of the head. How in any way could someone decided that that murder was not intentional? That’s just crazy. Then with the Bethany case her boss called her to come over and when she did she was shot and killed. Then the man burned her body then took her remains and then hid them in the Alaska wilderness. If he didn’t mean to do it then how come he did so much to cover it up and he didn’t just come forward. To me that is major arrow pointing to guilty. Both of these men have shown no remorse for taking away someone’s life so brutally. But there is a chance that the man accused of killing Bethany will get a long sentence. But that is up for the judge to decide and I pray he isn’t as lax as the judge in our case. Okay, How about the man that ran my uncle over and dragged him for 10 miles killing him, while he was driving under the influence of alcohol. His blood alcohol level was 5 times the legal limit. And what did he get? He got involuntary vehicular manslaughter and served 2 years in jail. But here is the catch to the whole thing. At the time of this accident he didn’t have a drivers license and hadn’t for a while for priors. This accident was his second fatal DWI accident and his 32 DWI and this man was still out free. What is wrong with that picture? Yes I am aware that our jails are over crowded but there are people out there that need to be behind bars. How many more people are going to be killed or something before our government gets a wake up call.
I feel that it is time and I hope you have too that something needs to be done about the crimes that are happening in the US. To many people these days have the theory that nothing will ever happen to them or their family so this doesn’t really matter to them. But it does and they should do something about it before it happens. Because if you wait till something happens its too late. You will never know if it is your last day or the last time you will kiss your loved ones. Tomorrow some person can come and take everything from you. You could have everything you worked hard at getting taken in a matter of minutes by theft or destruction. Or lose your own life or a loved one to a heartless murderer. And in case you didn’t already know murder can’t be undone. We need to speak out about the injustice in the United States. It is time that the victims fight for they’re rights and get the justice they deserve. I am tired of hearing about criminals that have been arrested time and time again for crimes.
And like I always say Justice delayed, is justice never really served.
[1] Concepts of Justice past and present – section 2.1 “Biblical principles”
[2] Concepts of Justice past and present – section 2.4 “ENGLISH COMMON LAW”
[3] Concepts of Justice past and present – section 2.6 “MODERN THEORY”
[4] United States: Uniform Crime Report -- State Statistics from 1960 - 2005
[5] Repeat Offender Prosecution Project (R.O.P.E.)
[6] Juvenile Justice FYI
[7] Teen gunfire signals return of gang rivalry
[8] History of the Death Penalty-Additional Death Penalty Issues
[9] “Three Strikes Rule”
[10] Advances in Forensics Provide Creative Tools for Solving Crimes – section 3 “Major Advances”
I am here today to talk to you about a very serious issue that needs to be reconsidered and something needs to be done about it. This issue that I am bringing before you is our criminal justice system. As many people know it has become very lax and unjust. This reason why I am writing this today to convince you that something needs to be done, and that you can join others to help fight for the long ago needed changes.
The history of criminal law and punishment can be dated back to over 70 thousand years ago in the first section of the bible.[1] It has since then changed and yet remained the same over time. During the development of the English Common Law, and during American Colonial law period, the legal principles were influenced by the Roman notion of culpa (fault) and Catholic Church’s emphasis on moral guilt. With these, the judgments from the courts began to reflect the two component parts of a criminal violation, "Actus Reas" meaning a guilty act, and "Mens Reas " meaning a guilty mind. Later would come what shaped the oaths of office from the public policy shaped by people with a Christian world-view. In their belief man is in contract with god and if he were to break that contract that he shall be punished. Because of this, the oath was formed. An oath is a contract that is sworn before god and should be upheld. And in the event of breaking the contract you should be punished. During this time a list of principles of criminal justice was formed, and would later become part of the written law. These include, Justice is proportionate to our actions, Justice is retributive, Justice is vindicatory, (and provides sanction against the offender), Justice is compensatory and (restores to the victim), Judgment under the law is declaratory (declares what is right), Judgment under the law is remedial (corrects what is wrong), Judgment under the law is directive (directs behavior), Burden of proof "beyond reasonable doubt" equates to moral certainty, Inalienable right to property. Citizens cannot be forced to give up rights to property unless they are found guilty of a crime which amounts to forfeiture, and Citizens cannot be treated like criminals unless they have been tried and convicted as criminals.
Some of the other principals formed during that time would later be used to form our three branches of government. These branches include, No human law or justice can preempt "natural (or God’s) law", Absolute rights are God given, God has placed on every civil authority the responsibility to insure that absolute rights are not infringed, and upon citizens, the government is additionally charged with protection of citizenship rights.[2]
As the development of criminal law evolved in the 20th century the American Jurisprudence moved further away from the common law principles that a crime only consisted of two elements, a guilty deed (Actus Rea) and a guilty mind (Mens Rea). With this brought the question of state of mind, and later would evolve into intent.[3] With this our criminal justice system would evolve into what it is today.
In the past century the number of violent and non-violent crimes has skyrocketed. The number of murders in the United States rose over the last century and so has the rate of other crimes. [4] This is due, I feel because the introduction of more violent gangs and our carefree remorse less environment. In a study done in the US, the rate of repeat offenders is at an all time high, rising over 75% in the last decade. The average rate of a convicted offender repeating their offences is at a staggering 98% in the US.[5] The rate of juvenile offenders is also on a frightening rise. More and more youths are being involved with crime whether it is gangs, drugs, or theft, even assault and murder. In the time between 1984 and 1994 the rate of juvenile offenders rose dramatically. The numbers of assaults and murders have doubled. They have since then dropped on a national level, but this is to be reported as less and less crimes are being reported on youths. In 2000, there were 2,369,400 youths arrested for a various amount of violent and non violent crimes. Over two thirds of these were males. Juvenile males are 20 times more likely to commit a violent crime then female youths. Most female youths are convicted on petty theft, prostitution and drugs. Whereas their counter parts are being convicted of assault, murder, sexual assault and so on. The rate of youth drug offenders has significantly risen every year. [6] Just look around in news papers or on the news everyday you hear about a youth killing another youth or raping another youth and so on. The adolescents in our community and the rest of the communities are making up at least 72% of the DUI and DWI cases. All of these could be because the great ability to be able to join gangs or get drugs, or get into trouble in general. But this could also be because parents are becoming more lax on how they raise their children. Either way something needs to be done about it.
I was reading the news paper a while back about a shooting in Anchorage that claimed the life of one of our youths. This is a disturbing story for a mother of children that will be raised in this community. But that isn’t the worst of it. As I read farther I learned that the father of the child that was shot had actually driven his daughter to the party that would end up costing her, her life. I feel that he should be charged with endangering a minor. What has happened with our society and government that it is okay for a parent to take their child to a party where alcohol and drugs will be served and where there is no supervision. Come on, it’s illegal for you to give your child drugs or alcohol, even if it is unintentional. You can be charged if you have a liquor cabinet and your child gets into it and does something wrong or gets busted you can get charged with supplying alcohol to a minor. But yet nothing happens to the supposed father who dropped his teenage daughter off at a party. Or how about another article I read about two teenagers that were severely injured during a gang shootout in Anchorage. [7] It is an outrage that the youths of our nation are out there harming and murdering others. Then you hear more and more about this person here who killed his wife and got off on it. Or the OJ case and so on. When is it going to stop? I think something needs to be done and soon. Let’s start by upping penalties for crimes or how about bringing back capital punishment and so on. Our justice system needs to start doing as its name sake and find justice for crimes that are being imposed on our nation and to the people of our nation.
I have read many different articles on the internet about different people’s opinions on some of the punishments for different crimes in the United States. For example the death penalty. There is a lot of people for it and against it. People disagree about whether capital punishment is moral or if it is effective in discouraging crime. Many oppose the death penalty because they consider it cruel.[8] There is also a lot of people that also believe that there is a risk of executing mistakenly convicted people. Here is another example, the three strike rule. This law mandates that any person that is convicted of three or more violent crimes or some lesser felonies can be sentenced 25 years to life, in prison.[9] A lot of people disagree on this because of the number of convicts serving this term on lesser felony charges.
Yes I feel that some of the views that other people have are right. That sometimes innocent people have been put to death by capital punishment laws over the years, and that the three strike rule can be cruel and inhumane punishment. But I do know that technology has advanced and that the rate of wrongful convictions has dropped. Over the last century there have been a number of technological advances in forensics which are used for solving crimes. They have advanced in the knowledge of DNA, and have developed machines that can prove a persons DNA in many different ways and even from the smallest sample. .The creation of image enhancement technology is enabling investigators to read clues such as fingerprints, footprints and bite marks.
Law enforcement agencies have linked together using main databases instead of individual ones for being able to have proper information on victims and offenders. Technological advances has also lead to the development of the national DNA database known as the Combined DNA Index System (CODIS) as well as a national fingerprint database known as Automated Fingerprint Identification Systems (AFIS). With the introduction of these two major databases law enforcement agencies have been able to solve crimes that a century ago would have been left as unsolved cases. These databases have also made it so there is less errors and a lower rate of wrongful convictions. Also with the advances in computer technology law enforcement agencies can now collect evidence from e-mail and other digital files.[10] With all these technological advances most of our criminal punishments are still out of date and need to be upgraded.
This is actually a very sore subject for me. My brother in law Keith was working at Godfather’s Pizza in 1999 when someone who was supposedly his friend robbed him and shot him execution style in the head and then locked him in a walk in freezer and left him to die. When he was finally arrested my family was forced to wait almost 8 years to see justice and what we got wasn’t really justice at all. The man accused in this brutal murder got 20 years for murder and 13 counts or robbery and drug charges. He will get almost eight years as served time and is eligible to get out next year. What kind of justice is that? A man killed his friend so brutally for only a couple hundred dollars and still has no remorse for his actions all these years later. Then here is another example of injustice for a victims family. The Bethany Carera murder. Her aledged murder just saw his trial and like Barry Anderson the man that murdered my brother in law they agreed on the lesser charge of murder 2. while this is a murder conviction they decided that it wasn’t intentional. Okay lets take a look at it? How were these murders not intentional? Lets take my brother in laws case first. How can someone say that a man walking into a business with a loaded gun to rob the place, then shooting someone in the back of the head once then locking them in the freezer and then coming back because the victim still hasn’t died and is trying to get out so he is shot again in the back of the head. How in any way could someone decided that that murder was not intentional? That’s just crazy. Then with the Bethany case her boss called her to come over and when she did she was shot and killed. Then the man burned her body then took her remains and then hid them in the Alaska wilderness. If he didn’t mean to do it then how come he did so much to cover it up and he didn’t just come forward. To me that is major arrow pointing to guilty. Both of these men have shown no remorse for taking away someone’s life so brutally. But there is a chance that the man accused of killing Bethany will get a long sentence. But that is up for the judge to decide and I pray he isn’t as lax as the judge in our case. Okay, How about the man that ran my uncle over and dragged him for 10 miles killing him, while he was driving under the influence of alcohol. His blood alcohol level was 5 times the legal limit. And what did he get? He got involuntary vehicular manslaughter and served 2 years in jail. But here is the catch to the whole thing. At the time of this accident he didn’t have a drivers license and hadn’t for a while for priors. This accident was his second fatal DWI accident and his 32 DWI and this man was still out free. What is wrong with that picture? Yes I am aware that our jails are over crowded but there are people out there that need to be behind bars. How many more people are going to be killed or something before our government gets a wake up call.
I feel that it is time and I hope you have too that something needs to be done about the crimes that are happening in the US. To many people these days have the theory that nothing will ever happen to them or their family so this doesn’t really matter to them. But it does and they should do something about it before it happens. Because if you wait till something happens its too late. You will never know if it is your last day or the last time you will kiss your loved ones. Tomorrow some person can come and take everything from you. You could have everything you worked hard at getting taken in a matter of minutes by theft or destruction. Or lose your own life or a loved one to a heartless murderer. And in case you didn’t already know murder can’t be undone. We need to speak out about the injustice in the United States. It is time that the victims fight for they’re rights and get the justice they deserve. I am tired of hearing about criminals that have been arrested time and time again for crimes.
And like I always say Justice delayed, is justice never really served.
[1] Concepts of Justice past and present – section 2.1 “Biblical principles”
[2] Concepts of Justice past and present – section 2.4 “ENGLISH COMMON LAW”
[3] Concepts of Justice past and present – section 2.6 “MODERN THEORY”
[4] United States: Uniform Crime Report -- State Statistics from 1960 - 2005
[5] Repeat Offender Prosecution Project (R.O.P.E.)
[6] Juvenile Justice FYI
[7] Teen gunfire signals return of gang rivalry
[8] History of the Death Penalty-Additional Death Penalty Issues
[9] “Three Strikes Rule”
[10] Advances in Forensics Provide Creative Tools for Solving Crimes – section 3 “Major Advances”
