Constitutional Rights of Citizens During Criminal Investigations
As provided by Amendments IV to VIII, US citizens are protected by several constitutional rights during criminal investigations. People have the right to be free from unreasonable searches and seizures. The Fourth Amendment protects people and their property by requiring that searches be supported by a warrant issued by a judge or magistrate and describing the specific area to be searched or the items to be seized (US Constitution Amendments IV-VIII, 1791).
The citizens have the right not to be compelled to answer for infamous or capital crimes unless a jury is present, except in a few cases, such as those involving the militia, the navy, war, and land (US Constitution Amendments IV-VIII, 1791). People accused of any crime can enjoy faster public trials implemented by an unbiased jury from the area where the crime was committed (US Constitution Amendments IV-VIII, 1791). In common law prosecutions, if the value in controversy is more than twenty dollars, the defendant has the right to be tried by the jury (US Constitution Amendments IV-VIII, 1791). Finally, the Constitution prohibits charging excessive fines or bail for criminal prosecutions.
Major Problems Within the Prison System
Some major problems in the US prison systems include a lack of convict empowerment, racism, and corruption. According to Nowotny et al. (2021), American prisons lack adequate educational programs that could offer marketable skills to convicts after serving their terms. Therefore, when released from jail, they face economic obstacles leading them to crime and incarceration again (Nowotny et al., 2021).
The system also has an increased level of racism, where Black people, compared to white people, are more likely to be imprisoned. The powerful easily bribe prison system leaders to keep poor offenders in prison (Nowotny et al., 2021). Furthermore, people who cannot afford bail often serve unnecessary terms of imprisonment.
Potential Reforms to Improve the Criminal Justice System
The criminal justice system can be improved through proper policing, reducing the prison population, and community engagement. The cases of Breonna Taylor and George Floyd prove that the policing strategy needs to be revised. The US government should implement policing reforms already established to protect minorities from racial profiling and targeting. They should also promote policies that reverse mass incarceration, especially for young people jailed because they cannot afford bail. Lastly, the most affected communities should be involved in formulating solutions to the criminal justice system. These people can provide the most actionable solutions because they feel the effects of mass imprisonment.
References
Nowotny, K. M., Bailey, Z. & Brinkley-Rubinstein, L. (2021). The contribution of prisons and jails to US racial disparities during COVID-19. American Journal of Public Health, 111(2), 197-199.
US Constitution Amendments IV-VIII. (1791).