Conducts Considered Criminal

Discrimination, especially against minority groups, is a prevalent conduct in the judicial system even though courts do not consider it criminal. I think they should classify such behavior as criminal, as it violates the free administration of justice. Several aspects of society forbid the practice of discrimination is forbidden, but people carry it out covertly. However, when such an action extends to the criminal justice system, it presents a major hindrance to the way judges offer their ruling. They convict many innocent people from minority groups for crimes they did not commit (Drug Policy Alliance 1). The justice system cannot consider discrimination as a crime since many statutes do not define it as such, and some states do not prosecute discrimination.  Moreover, this practice does not attract penalties such as death and imprisonment. However, it may result in monetary fines on rare occasions such as workplace discrimination. What makes this practice challenging to prosecute is that fact that it is hard to prove it beyond a reasonable doubt.

Discrimination should be criminal since its prevalence within the judicial system limits the application of the Fourth Amendment. It impacts the entire criminal procedure and the enforcement of criminal law. The US Constitution demands that every suspect has a right to equal protection and due process but discrimination limits such rights. Federal laws and the US Constitution offers the procedural canons and guidance that the judicial system should follow. When there is discrimination during the application of these procedures and rules, it leads to the suppression of evidence. It may also result in the release of a potential suspect. The most likely outcome of discrimination within the judicial system is the miscarriage of justice. With such a practice, there is a high likelihood of the court to offer a biased ruling (Drug Policy Alliance 1). By limiting due process, discrimination hinders a fair trial.

Drug Abuse and Criminal Justice System

In the last ten years, police officers have arrested millions of people for drug possession, use, and distribution. The U.S spends billions of dollars annually implementing its anti-drug policies domestically and internationally. Such efforts have ruined people’s livesand livelihoods. Despite billions spent on the drug war, the justice system is yet to realize success. Given these reasons, it should not handle issues of drug abuse, as it will not offer significant benefits. Mainly, the justice system encourages excessive punishment and harsh mandatory minimum sentences. Additionally, parole rules, probation requirements, and the three strikes laws can easily lead to the justice system incarcerating many people for minor drug offenses(Lopez 1). Such a system does not resolve the drug abuse issue. Instead, it increases the misery of people since it is an ineffective deterrence strategy.

The judicial system may be counterproductive since its solution is punishment. Many federal laws that govern drug use and abuse consider imprisonment the best alternative to ending drug abuse. However, this cannot address the problem since the convicts will start abusing drugs when courts release them from prison (Miron 1). In effect, a better alternative would be through rehabilitation and deterrence. Indeed, allowing individuals who abuse drugs to have access to social workers, medical experts, and psychologists will aid in their recovery and treatment. Such an approach can lead to a decrease in drug use besides reducing overdose deaths. Channeling the billions of dollars spent in the drug war, policies, imprisonment, and crackdown to rehabilitation and deterrence will be an effective preventive strategy(Meyer 596-8). Furthermore, such an approach will encourage addicts to seek treatment.

Works Cited

Lopez, German. “I Used to Support Legalizing All Drugs. Then the Opioid Epidemic Happened.” Vox.com, 12 Sept. 2017, www.vox.com/policy-and-politics/2017/4/20/15328384/opioid-epidemic-drug-legalization. Accessed on 13 Feb. 2019.

Meyer, Joel. “Reflections on Some Theories of Punishment.” The Journal of Criminal Law, Criminology, and Police Science, vol. 59, no. 4, ser. 12, 1968, pp. 595–598. 12, doi:10.2307/1141839.

Miron, Jeffrey. “Could Legalizing All Drugs Solve America’s Opioid Epidemic?” Fortune, 19 Sept. 2017, fortune.com/2017/09/19/jeff-sessions-opioid-epidemic-legalize-all-drugs/. Accessed on 13 Feb. 2019.

“Race and the Drug War.” Drug Policy Alliance, www.drugpolicy.org/issues/race-and-drug-war.Accessed on 13 Feb. 2019.

 
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