Social Issues
Historically, criminal justice system targeted at the elimination of crimes
and establishment of social order. Nonetheless, as a rule it was and still is
severely criticized to the extent that some specialists like Reiman estimate
that the existing criminal justice system is basically the ideological tool
and product of the capitalist system that does not necessarily mean justice
literally.
In fact, such a point of view is quite reasonable and is based on the idea that
the existing criminal justice system is not as independent as it is supposed
to be since ideally justice as judicial power at large is supposed to be separated
from legislative and executive power.
However, in the modern capitalist system the criminal justice system turns to
be a tool in the hands of political and economic elite that actually rules the
political and socio-economic life of the country and thus imposes its ideology,
i.e. the ideology of capitalism, to the whole nation.
In such a situation, a state turns to be the system of oppression of masses
of people in the hands of political and economic elite, while the criminal justice
system, being a part of the state, is just one of the mechanisms by means of
which the ruling elite oppresses the deprived classes.
At the same time, the oppressed people are unconscious of this fact, instead
they are deceived by the existing stereotypes and biases and rather prefer to
obey to the existing laws of the capitalist society established by the privileged
classes, or elite than attempt to really change the situation.
On the other hand, the capitalist system is based on the oppression of lower
classes by the ruling elite leading to the growing poverty and deterioration
of the position of the lowest layers of society contributing to the growing
rates of crimes among the poorest people. However, their crimes are not viewed
as a naturally attempt to survive or improve the life by means of changing the
unjust capitalist system. Instead, their crimes are viewed as acts of their
evil nature or will but not as the result of their deprived socio-economic status.
Moreover, the punishment for their crimes, being one of the basic concepts of
the criminal justice, does not target at the improvement of the life of society
at large or correction of criminals but it rather targets at the oppression
of any attempt of rebellion in order to keep the social order and preserving
the capitalist system from changes.
In such a situation, capitalist system, being beneficial for economic and political
elite, uses the criminal justice to preserve and improve its position by means
of oppressing lower classes, which are lacking of the conscience of the oppressive
function of the justice system that deteriorates their position, in contrast
to the position of the elite.
Bibliography:
1. Reiman, J. The Rich Get Richer and the Poor Get Prison. New York: Allyn and
Bacon, 2006.
