Gaining an intrinsic understanding of the legal system
Question 1.
The best starting point to gain an intrinsic understanding of the legal system is ones hometown. I am a resident of Chicago city, Cook County, in the state of Illinois. In a study of the court structure in my county, I gained better understanding of the workings of the court, and to an extension, of the U.S legal system. Through the assessment of various government publications, I noted that Cook County shares numerous similarities with the national trends. Notably, Cook County conforms to the national trends as exhibited by the existence of the office of the public defender, local courts and the provision of private legal services.
Cook County has a branch federal court, namely, the Illinois Supreme Court. There also exists other circuit courts, and appellate courts (illinoiscourts.gov). In the recognition of the right to counsel and the right to a fair hearing under the Sixth Amendment, there is the office of the Cook County Office of Public Defender. Additionally, Cook County has several attorney firms which provide both criminal and legal services for their clients.
Question 2
The U.S inmate population is considered to be at the highest risk of COVID 19 infections primarily due to overcrowding, unsanitary conditions, lack of proper medicare and chronic understaffing. Notably, the American inmate population consists of roughly 2 million people, majority of whom are elderly and have preexisting medical conditions. Such an instance of overcrowding is seen in Cook County Jail facility, which houses an inmate population of 5700.
Yes, I other jurisdictions should follow in the footsteps of Cuyahoga County Court in releasing such offenders at a high risk of contracting respiratory diseases. Such a move is greatly applaudable since it relives pressure on the limited resources available. However, there should be mechanisms to cater for such released offenders as well, especially financial support. Most of these offenders, having been a way for so long from their families, often have nowhere else to turn to. Coupled with the societal stigma and the lack of employment, it is foreseeable that the offenders would turn to crime for sustenance. As such, this would reverse the already made gains in crime prevention and control, and even predispose more people to the virus. Therefore, even though the releasing of such offenders is well intentioned, social support systems are crucial.
To combat the virus, several measures can be taken in correctional institutions. First, new inmates should be tested for the virus, and placed in isolation for 4 weeks as seen in Cook County Jail. Second, there should be dedicated medical wings for the hospitalization of the corona virus patients, as done by Kent County Jail. Third, there should be a total suspension of inmate visitation like in Kalamazoo County Jail until the pandemic is over. Lastly, and even more radical, there should be a suspension of the movement of new inmates into prison.
Question 3
The primary reason for the increase in the suspensions, expulsions and arrests of U.S youth is the adoption of punitive measures in punishing the students. As per Dennis Parker of the American Civil Liberties Union, these punitive measures are employed to punish very minor transgressions like disobeying the dress code, or even writing on a desk ≪≫. Sadly, the adoption of such punitive measures as advanced by Edward Ward, tends to suppress the right and freedom of the students to expression, who consequently act out by engaging in criminal activities. This is especially true for minority students, who bear the brunt of such zero tolerance approaches to student discipline. Unfortunately, this status has been in existence for a long time. In my high school, the major disciplinary policy was detention for minor transgressions was detention during school hours, or on Saturdays. During detention, the students were expected to silently reflect on their transgressions. Compared to my parent’s time, their disciplinary policy was more productive, as they were allowed to do their assignments and also write essays expounding on their erroneous behavior. In full contemplation of the prevailing set of circumstances, I am of the opinion that children, in some instances, should be arrested. Such arrests should be made in extreme circumstances, especially when a child puts the lives of other students at grave danger for example through possession and threatening to use firearms. Disruptive or disorderly conduct, however, does not warrant arrests. To ensure the effectiveness of arrests as a disciplinary measure, the police should first receive training on the psychology of children and how to handle them, before being deployed. Such training is essential as the police would be more sensitive to the needs of the children, and hence act as a form of mentorship, correction and guidance, rather than outright penal punishment. In extreme cases, disciplinary alternative schools are irrefutably a good idea. The admittance to such schools should be strictly for the students who commit serious crimes. Unfortunately, such schools negatively label students as criminals. To achieve their intended positive rehabilitation purpose, such programs require the allocation of more resources.