Power abuse in the criminal justice system
The criminal justice system is entrusted with the role of protecting citizens from injustices and unfair treatment. However, sometimes the system turns against the same people it is supposed to protect and perpetrates evil and unjust acts. Some of these acts include; unjust arrests, falsified evidence, corruption and misuse of authority. This acts breaches the law and causes distrust. Citizens end up distrusting the criminal justice system. Victims of these unfair actions are intimidated they undergo physical and psychological torture and some end up opting to leave the country.
Some of the popular incidents that out rightly depict a breach of the law by authorities in the criminal justice system include; Abraham Lincoln, the great emancipator, changed the rules of Habeas Corpus that insisted on people not being unjustly arrested and detained, without sufficient evidence. Abraham Lincoln replaced this ideology and allowed unjust arrests and detention of people. This is a perfect example of the misuse of power.
There is also another incident that occurred in the USA, whereby a 26-year-old young man named Frank Jude was attacked by two police officers who were off duty. The policemen claimed that Jude and his friend had stolen a wallet that contained a police badge. They were beaten mercilessly and stabbed severally with a knife before they managed to escape. The law states that when the police are off duty they should not perform professional roles. Unless they are called upon during an emergency. This portrays police brutality in the USA.
In some cases, the jury is given bribes so that they can pronounce unfair judgment in cases. Judge Mike Fuller from Alabama was proven guilty of corruption. He ruled cases based on his interest and did not accept to try his close political allies. Huge sums of corruption money were directed to his private company.
Litigants sometimes use their powers to threaten and intimidate people against speaking ill about the government, for instance. George Bush administration hindered publishing of scholarly information that was against his government. Such practices have continued up to date. Police brutality against people based on their race is also rampant.
In 2001, after the terrorist attacks. The FBI and criminal justice agencies were accused of unjust arrests. They arrested hundreds of Muslims even without evidence of whether they were associated with the attackers. The suspects were not treated as witnesses and there were no much efforts taken to secure testimonies from them.
References
Butler, Paul. “Racially based jury nullification: black power in the criminal justice system.” Yale LJ 105 (1995): 677.
Cao, Liqun, and Bu Huang. “Determinants of citizen complaints against police abuse of power.” Journal of Criminal Justice 28.3 (2000): 203-213.
Choo, Andrew L-T. Abuse of process and judicial stays of criminal proceedings. Oxford: Oxford University Press, 2008.
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Study Bay Notes:
Power Abuse in the Criminal Justice System
The criminal justice system is supposed to uphold the rule of law and protect the rights of the people. However, there are many instances where the system fails to do so and instead becomes a tool for power abuse by those who work within it. Power abuse in the criminal justice system can take many forms, such as:
– Coercing defendants to plead guilty by threatening them with harsher sentences or withholding evidence
– Violating the constitutional rights of suspects and defendants, such as the right to a fair trial, the right to counsel, and the right to due process
– Misusing prosecutorial discretion to target certain groups or individuals based on bias, prejudice, or political motives
– Engaging in corruption, bribery, extortion, or other forms of misconduct to benefit oneself or others
– Abusing authority to harass, intimidate, or harm victims, witnesses, or whistleblowers
– Covering up or obstructing investigations into wrongdoing by law enforcement or judicial officials
These abuses of power undermine the legitimacy and credibility of the criminal justice system and erode public trust and confidence in it. They also violate the human rights and dignity of those who are affected by them and contribute to social injustice and inequality.
Causes and Consequences of Power Abuse in the Criminal Justice System
There are many factors that can contribute to power abuse in the criminal justice system, such as:
– Lack of accountability and oversight: The criminal justice system is often characterized by a culture of secrecy and impunity, where misconduct is rarely exposed or punished. There are few mechanisms to monitor, investigate, or sanction power abuse by law enforcement or judicial officials, and those that exist are often ineffective or biased.
– Lack of transparency and access to information: The criminal justice system is often opaque and inaccessible to the public, making it difficult to scrutinize its operations and outcomes. There are few avenues for public participation or input into the system, and information about its policies, procedures, and performance is often withheld or distorted.
– Lack of resources and training: The criminal justice system is often underfunded and understaffed, resulting in poor quality and efficiency of service delivery. There are also gaps in the education and training of law enforcement or judicial officials, especially on human rights and ethical standards.
– Lack of diversity and representation: The criminal justice system is often dominated by certain groups or interests that do not reflect the diversity and needs of the society. There are disparities in the representation and participation of women, minorities, and marginalized groups in the system, leading to discrimination and exclusion.
– Lack of checks and balances: The criminal justice system is often influenced by external pressures or interests that compromise its independence and integrity. There are weak or absent safeguards to prevent or counteract undue interference or influence from political actors, economic actors, media actors, or other powerful groups.
Power abuse in the criminal justice system has serious consequences for individuals and society as a whole, such as:
– Injustice and inequality: Power abuse in the criminal justice system violates the principle of equality before the law and creates a system that is unfair and discriminatory. It deprives people of their rights and freedoms and denies them access to justice and remedies. It also perpetuates social problems such as poverty, violence, and crime.
– Impunity and insecurity: Power abuse in the criminal justice system undermines the rule of law and creates a climate of impunity and insecurity. It enables further abuses by law enforcement or judicial officials or other actors who act with impunity. It also fosters distrust and fear among the public and reduces their willingness to cooperate with or report crimes to the authorities.
– Instability and conflict: Power abuse in the criminal justice system erodes social cohesion and legitimacy and creates a potential for instability and conflict. It fuels resentment and anger among those who are oppressed or marginalized by the system. It also provokes resistance and protest from those who demand change or reform.
Recommendations for Preventing and Addressing Power Abuse in the Criminal Justice System
There are many measures that can be taken to prevent and address power abuse in the criminal justice system, such as:
– Strengthening accountability and oversight: The criminal justice system should be subject to regular monitoring, evaluation, and review by independent bodies that can hold law enforcement or judicial officials accountable for their actions. There should also be effective mechanisms for reporting, investigating, prosecuting, and sanctioning power abuse by law enforcement or judicial officials, such as internal affairs units, ombudspersons, commissions of inquiry, special prosecutors, disciplinary boards, or courts.
– Enhancing transparency and access to information: The criminal justice system should be open
and accessible to the public, ensuring that its operations and outcomes are visible
and verifiable. There should also be opportunities for public participation
and input into the system, such as public hearings, consultations, surveys, or
complaints mechanisms. Information about the policies, procedures, and performance
of the system should be readily available and disseminated to the public, such as
through websites, reports, statistics, or media outlets.
– Improving resources and training: The criminal justice system should be adequately funded and staffed, ensuring that it can provide quality and efficient service delivery. There should also be continuous education and training of law enforcement or judicial officials, especially on human rights and ethical standards. The training should include topics such as legal principles, professional codes of conduct, anti-corruption measures, diversity and inclusion, conflict resolution, and victim support.
– Increasing diversity and representation: The criminal justice system should reflect the diversity and needs of the society, ensuring that it is fair and inclusive. There should be measures to promote the representation and participation of women, minorities, and marginalized groups in the system, such as affirmative action, quotas, mentoring, or outreach programs. The system should also be responsive and sensitive to the specific needs and interests of different groups, such as women, children, indigenous people, refugees, or people with disabilities.
– Establishing checks and balances: The criminal justice system should be independent and
integrated, ensuring that it is free from external pressures or interests. There should be safeguards to prevent or counteract undue interference or influence from political actors,
economic actors, media actors, or other powerful groups. The system should also be
coordinated and cooperative with other institutions or actors that can support or
complement its functions, such as civil society organizations, human rights bodies,
academic institutions, or international organizations.
Conclusion
Power abuse in the criminal justice system is a serious problem that affects individuals and society as a whole. It violates human rights and dignity and undermines the rule of law and democracy. It also creates injustice and inequality and fosters impunity and insecurity. Therefore, it is imperative to prevent and address power abuse in the criminal justice system by implementing measures that can enhance accountability,
transparency, resources, training, diversity,
representation,
and checks
and balances. By doing so,
the criminal justice system can live up to its noble
ideal of protecting the citizenry and seeking justice.
References
– Abuses of Power in the Criminal Justice System
– Somil Trivedi and Jared Keenan,
‘Coerced Out of Justice: How Prosecutors Abuse Their Power to Secure Guilty Pleas’ (ACLU 8 July 2021)
– ‘Crime and the Abuse of Power: Offenses and Offenders Beyond the Reach of Law’ (Office of Justice Programs)
– ‘Crime and Abuse of Power: Offenses and Offenders Above Law’ (Office of Justice Programs)
