The Purpose of Equal Opportunity Criminal Justice

The purpose of equal opportunity criminal justice is to offer those convicted or suspected of a crime fair treatment throughout their arrest, trial, sentencing, imprisonment and reintroduction back into society. A criminal justice system based on equal opportunity strives to free itself of racism, discrimination, unfair sentencing and employment barriers for inmates after release. Equal opportunity criminal justice is important because it promotes public trust and confidence in the United State's criminal justice system.

Disproportionate penalties

One of the primary purposes of equal opportunity criminal justice is to have fair, appropriate penalties for all crimes. The U.S. Sentencing Commission has questioned the fairness of crack versus powdered cocaine drug laws. Possession of 5 grams of crack can get the same 5 year minimum sentence as 500 grams of cocaine. President Barack Obama urged Congress in 2009 to equalize the prison sentences for the possession and distribution of crack versus cocaine. Cocaine and crack are the same drug but manufactured differently.

Overcrowded prisons

The United States has the highest incarceration rate in the world. The prison rate has nearly tripled since the 1980s. The number of drug offenders alone has increased from around 50,000 in 1981 to currently more than 450,000. Proponents of equal opportunity criminal justice have called for more leniency for non-violent drug offenders. Some states, such as Kentucky, have begun offering non-violent drug offenders rehab instead of imprisonment. This has helped alleviate some overcrowding in prisons as well as offering drug offenders better recovery opportunities.

Racism and discrimination

The criminal justice system needs to be free of racism and discrimination in order to have equal opportunity for all. According to the Annie E. Casey foundation, some minority groups are more likely to be stopped by police, have their vehicles searched, receive jail over bail, have higher bail charges, receive worse proposals in plea bargaining and get harsher sentences. The U.S. Customs Services practices equal opportunity criminal justice by focusing searches on suspicious behavior rather than race. Since this tactic has been adopted, fewer searches have been conducted but more hard drugs have been confiscated.

Equal opportunity defense

At the root of equal opportunity criminal justice is everybody's right to a fair defense. A defendant with little money should receive the same fair defense as a defendant who is rich. Defendants from low-income brackets often rely on public defenders. They do not have the luxury of choosing an attorney they are comfortable with. Public defenders are often over-worked and sometimes have less experience than private counsel. Equal opportunity criminal justice calls for improvement in the management of public defenders and the measurement of their performance.

Reintroduction to society

Equal opportunity criminal justice calls for released inmates to have a fair chance at gaining employment after time served. More basic jobs have begun conducting background checks and asking applicants to disclose their criminal history. Those who have served time for felonies may find themselves automatically eliminated from many work opportunities. Government programs have been set up to assist ex-convicts in finding jobs. Some prisons have begun offering inmates more educational opportunities to better prepare them for life outside of incarceration.

References

• AECF: Unequal Opportunity within CRIMINAL JUSTICE
• Huffington Post: Obama Crack Sentencing Laws Change In Works
• The Washington Post: 5 Myths About That Demon Crack

Resources

• Drug Policy Alliance Network: Race and the Criminal Justice System