A system that deals with outlaws and criminals to guarantee justice and protect innocents’ rights is fundamental to every society. It is essential to consider how such a system looks and the way it functions (Free Works University, 2015). The individuals who framed the constitution were keen to protect people’s liberty from the government’s corruptible power. Several amendments of the bill of rights in the constitution aimed at protecting individuals accused of a crime from unreasonable searches and seizures and cruel and unusual punishments (Free Works University, 2015). However, court decisions that restrict these constitutional rights have reshaped the judicial system, leading to numerous problems experienced in the justice system today, such as overpopulated prisons. Minimal discretion for the judges to deal with individual cases due to the mandatory sentencing laws is one factor that contributes to the problems. Additionally, unclear limits on law enforcement power create an adversarial relationship between citizens and the justice system due to procedures that undermine the presumption of innocence until one is proven guilty.
I agree with the sentencing’s argument since it exposes a dysfunctional justice system and its impacts. Indeed, such a system cannot differentiate between violent and nonviolent criminals. As a result, offenders who pose no threats to society end up serving lengthy incarcerations, leading to prisons’ overpopulation and tarnishing individuals’ lives with permanent criminali records (Free Works University, 2015). The mandatory sentencing laws inhibit courts and judges from dealing with individuals offenders based on prevailing circumstances. Such sentencing makes it challenging for offenders, especially the youths, to reform their lives when they spend half a decade or more behind bars. However, one would argue that the lengthy non-discriminative sentencing serves as a lesson to the victims and others who would want to commit crimes, deterring them from doing so. Moreover, they ensure public safety as well as law and order in society. The video advocates for indeterminate sentencing because it is against lengthy incarcerations and supports more flexible sentencing based on individual offenders and particular situations.
Reference
Free Works University. (2015). Problems with the criminal justice system [Video]. YouTube.