Equality In The Criminal Justice System

I believe that the criminal justice system should be equally individualized – that is, a mix of both justice models. The individualization better allowing for both mitigating and aggravating discretionary factors to come into play. However, equality should still heavily factor into the justice system, too. Requiring that factors like race and gender (along with sexual orientation, parenting status, and more) should not impact the outcome in conviction or sentencing decisions checks individual biases within the justice system. In all cases, unless a factor directly impacts the actus reus or mens rea of the accused, the proof of the crime itself should be the system’s focus when forming these decisions.
Individualization within the justice system allows for the best kind of punishment there is. Not only does it better prescribe to the requirements of our Eighth Amendment rights, protecting against cruel and unusual punishment, but also it likely would save tax payers’ money. Considering the mens rea of the individual allegedly committing the crime can bring about the fullest …show more content…
There will always be something in a person’s life or from the circumstance of the moment that will factor into the outcome, effecting it differently. What the justice system should strive for is a type of individualized equality. In the system of equal justice, where two people committing the same crime receive the same punishment, there is less likelihood of racism effecting the outcome of punishment and sentencing. While discretion, a great tool of the criminal justice system, is helpful at times, it leads to less focus on the goals of the criminal justice system and more the whims of one individual. As Gottfredson (1990) discussed greatly, in order to have effective objectives that are successful within the criminal justice system, more decision guidelines should be put in place to further rationalize the process (p.