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kevin nyawanda
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CHPTS 14 & 17 1

CHPTS 14 & 17 ANALYTICAL/INTERNET ASSIGNMENT

Cynthia Kwagala

American Court Systems

Prof. K. Bowen

Due April 12 2024


CHPTS 14 & 17 2

The Innocence Project

The Innocence Project is firmly focused on the fundamental need of stemming

wrongful convictions with DNA testing and reforming the judicial system. Their work to set

free the falsely accused, which includes preventing wrongful convictions from occurring and

strengthening a justice system that is fair, merciful and impartial towards all people caught in

the web of it is of paramount importance. They have correctly argued that the death penalty is

unfairly and unevenly applied which contribute to disproportionate sentences along racial

lines among the law enforcement jurisdictions (Steiker & Steiker, 2020). Thus, thousands of

innocent lives have become endangered and exposed to risks. The Innocence Project's work

over the past few decades serves to emphasize the fact that the criminal justice process, in

some parts, is prone to errors and flaws. They have acquitted hundreds of individuals who

were not guilty of the crime they were put on death row for. Many of the exonerees almost

got a death penalty for the crime they did not commit or sentenced to serve more years due to

system errors, miscarriage of justice, or other government failings. Their job illuminates the

very spots that are taking advantage of innocent people by allowing their lives to be ruined

despite their innocence.

What happened to Toforest Johnson from Mississippi is a perfect example of how

deadly the consequences can be. A few days before his execution, Johnson was saved from a

death row because of the DNA evidence. These incidences highlight everything from

evidence mishandling and fragmented investigations to deprivation of practical defense and

evidentiary thresholds that do not always guarantee receiving justice (Ulmer, Kramer &

Zajac, 2020). The systematic review that is regularly conducted by The Innocence Project

shows that these problems are not isolated cases but have to do with the system of things such

as investigative practices, judicial procedures, and underlying system dynamics.


CHPTS 14 & 17 3

Taking into account the successful cases of wrongful convictions, which sometimes

even came close to executions of innocent people, it is not easy to state that death penalty is

an instrument that can be described as an establisher of just and fair principles. However, this

is not the only risk of capital punishment trials causing mistakes. The Innocence Project's

work implies the urgent need of reforms to correct errors undermining justice for all. It is

only by accepting and embracing failure, taking active steps backed by proven recovery

methods with the assistance of organizations like The Innocence Project that the legal system

can live up to the oath of bringing justice to both innocent and guilty individuals.

Juvenile Delinquency Prosecution in the Federal System

Federal trials of innocents are by far the most complex issues in the study of justice.

Besides actions against the most serious criminal offences that are essential to assure the

public safety, it should be borne in mind that subjecting young juveniles to the adult rule is a

matter that warrants the greatest attention and prudence. The scientific data says to us that the

prefrontal cortex, which is responsible for higher-order and executive functions such as risk

assessment, impulse control, and planning for the long-term future, remains to develop in

people up to their 20s (Kolesnikov, 2020). The brain exhibits plasticity during this time, and

interactions with the internal and external environment can powerfully “sculpt neural

pathways” and either in a positive or negative manner. Concurrently with young ones' natural

curiosity and risk-seeking mentality along with the extraordinary social pressure from mates

and community in formation, individuals are the most moldable and subsequently optimistic

breeds at this time.

One of the regrettable constraints of the law is that it does not pay enough attention to

or understand these scientific realities about the brain's development during that time. Instead

of young people being viewed from the perspective of more diminished culpability which is

supported both by the neuroscience and everyday observation, there remains an almost
CHPTS 14 & 17 4

forgotten view of young individuals as nearly substitutable to the adults in terms of

educational ability, moral judgment and self-reliance. This fact is often revealed by the

juveniles themselves stiff actions which are not conducive to good psychological and social

development especially when they are entering a meaningful stage in their life thus stability

guidance, education and future oriented behavior approach are significant.

As a society, it is imperative that we make it our priority to properly handle and

examine the science of teenage development and societal view when we federally prosecute

juveniles as adults without giving preferences to such complex scientific and sociological

factors, which has the potential of creating more harm by insulating a criminal identity that

contradicts positive development during the prime moment of growth. A just, fair, and

authentic approach to juvenile rehabilitations requires a more profound and interlinked

analysis of the adolescent development with age sensitive legislation and services. Our

common humanity obligates us - to solve not only public safety but also the needs of every

one of the troubled youth with compassion and reason.

Imposing the criminal justice system, it is inappropriate for adolescence as it can

disapprove useful formation and undermine the goal-oriented development. Detention of

youth like this makes them lack pro-social support systems exactly when social ties are the

most necessary, when they tend to need stability, guidance and friendly environment. As a

consequence, penal sentences additionally make the ‘criminal identity’ sustainable putting the

rehabilitation of an offender at risk.

Prison Overcrowding

The issue of prison overcrowding now stands as a most dangerous problem plaguing

the US correctional system. American prisons overflow with criminals to the point of

endangering not only inmates and staff but also resources that could otherwise uphold public

security. As the Bureau of Prisons indicates, the federal prisons system today has at least
CHPTS 14 & 17 5

approximately 20% more prisoners than the full capacity. Different determinants have been

behind this spike (Baggio et al. 2020). From 1980 to the beginning of the "War on Drugs" in

2013, the federal prison population grew from about 25,000 to almost 219,000. A major

offender is the situation of mandatory minimum sentencing for nonviolent drug offenders.

Such laws took away judicial discretion and put in its place imposed sentences, which were

uncharacteristically long and inadequate when compared to the actual crimes. In addition,

having some crack cocaine on possession carries the same sentence as selling powder cocaine

in more substantial amounts.

This blunt tool does not take into account different circumstances and deprives the

possibility for rehabilitation in favor of harsh punishment. Its whole philosophy is that jails

are flooded with nonviolent offenders who do not need to be incarcerated. During such

mandatory minimums, the existence of parole becomes almost impossible that side-lines the

prisoners for a longer period of time. With these factors added, the number of federal

prisoners increased by over 700%, an increase more than population growth could cause

(Baggio et al., 2020). Roughly 50% of the federal inmates are expected to be drug offenders,

which is a largely non-violent group, often struggling with addiction.

Overcrowding jeopardizes the integrity of infrastructure making both the prisoner and

staff sick. It intensifies the violence when the confined spaces flames the tensions. Under the

lens of the pandemic, proximity amid population turns into viral hotspots even with the

lockdowns. Moreover, the detention of more people directly causes a rise in funding - the

budget of the federal penitentiary system jumped 50 folds, from 330 million dollars in 1982

to more than 8 billion today (Varadi, 2020). This can translate into tens of millions or billions

saved if the drug sentences are lowered. The money could then be diverted to more

constructive programs and causes. Abolition of fixed drug sentences would cause the federal

prison population to decrease remarkably while giving some degree of tolerance. Besides
CHPTS 14 & 17 6

penalties like probation, parole, treatment programs, and community-based options; prison is

reserved only for serious or repeat offense cases. The freedom of aged offenders and the

elderly gives a break to overcrowding and not undermining the security of the public.

While some proposals confront the challenge of being considered "soft on crime", yet

the fact is that the current model produces poor results and becomes increasingly difficult to

sustain financially. The Norwegian model of a 50 percent decrease in its incarceration rate

through rehabilitation instead of retribution while keeping the necessary deterrence is not

weak. The Correctional Institution penalizes its prisoners by emphasizing rehabilitation and

inmates’ adaptation to independent life through work training, education, and counselling

(Varadi 2020). The aims will be protecting of the communities and assigning of the scarce

public funds whereas possible. Dependence on mass warehousing of low-level non-violent

offenders is costly and terrible for those individuals, who are cut off from their family trees

and work careers. Resources are paid to keep them incarcerated, killing the hope, future, and

families. A collaborative consideration which mixes appropriate punishment with

rehabilitation drives back judicial discretion and advantaged each of the element of the

system. Using evidence rather than emotion or previous policies to support the

implementation of common-sense reforms to relieve the burden of mass incarceration can

result in the development of a system which responds to the fundamental role of justice.
CHPTS 14 & 17 7

References

Baggio, S., Peigné, N., Heller, P., Gétaz, L., Liebrenz, M., & Wolff, H. (2020). Do

overcrowding and turnover cause violence in prison?. Frontiers in psychiatry, 10,

1015.

Kolesnikov, R. F. (2022). The current state of juvenile delinquency. Penitentiary

science, 16(1), 57.

Steiker, C. S., & Steiker, J. M. (2020). The rise, fall, and afterlife of the death penalty in the

United States. Annual Review of Criminology, 3, 299-315.

Ulmer, J. T., Kramer, J. H., & Zajac, G. (2020). The race of defendants and victims in

Pennsylvania death penalty decisions: 2000–2010. Justice Quarterly, 37(5), 955-983.

Váradi, E. C. (2020). Harmful effects of imprisonment, overcrowding in prisons–facts,

reasons, and the way forward. Central European Journal of Comparative Law, 1(1),

27-50.

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