There are many different and opposing views of the criminal justice system that are often impacted by current events and other issues which impact society and the risks associated with different types of criminal behavior. As a general rule, the system relies upon the rule of law to determine when crimes have been committed; however, there has been an increased shift toward negligent or unpredictable behavior by different groups, including some members of law enforcement, which have a negative impact on the criminal justice system and its purpose. From a theoretical perspective, the criminal justice system is very successful in many areas, from prosecuting those who have been proven guilty of different crimes and declaring the innocence of those who are not involved. However, there are other questions to consider when the system does not work in favor of innocent parties and some persons take advantage of their power and authority. One of the key problematic areas in the criminal justice system, however, is drug arrests and incarceration and if the priorities of the system are appropriately aligned with the current challenges related to drugs throughout the United States. This will serve as the primary focus for the following discussion to develop an understanding of how the criminal justice system may not be addressing the most important drugs and are instead focused on other types of drugs with less significance.
Body
From an organizational perspective, the criminal justice system has been instrumental in arresting and incarcerating many individuals who have been found guilty of drug-related offenses, such as trafficking, and approximately one half of all federal prisoners are drug offenders, many for whom this is their first offense (Robinson, 2002). Drug possession and possession of marijuana are some of the primary cases and demonstrate that the priorities of the criminal justice system are towards marijuana and towards capturing drug offenders in this capacity (Robinson, 2002). The United States is long known for utilizing extensive human and financial resources towards capturing drug offenders and incarceration (Robinson, 2002); however, the drugs for which these individuals are being indicted do not reflect the true dangers of 21st Century society, many of which are legal and are prescribed by physicians. There appears to be insufficient action at this time regarding the evolution of opioids which are prescribed by doctors and are also obtained via other means, thereby creating a drug crisis in the United States that is unlike any other.
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The history of drugs in the United States is extensive and varied and includes the presence of many legal prescription drugs such as opioids, along with illegal drugs that include cocaine, heroin, and others (Robinson, 2002). The Robinson chapter provides information regarding the drug war, the types of drugs under scrutiny, and some of the statistics which were relevant when the book was written in 2002. However, it also sheds light on the priorities of the criminal justice system and the need for different types of reforms in this area due to the changes taking place related to drugs throughout the United States and the ever-increasing dangers of prescription drugs, which are becoming largely more problematic than the problems related to illegal drugs with the exception of heroin, which is an opiate. This problem is very serious and requires an evaluation of existing legal precedent and other issues which have a significant impact on drug use and patterns of incarceration in the United States, particularly related to the events taking place in many areas, such as small towns, where the opioid crisis is beyond measure. It is important for the criminal justice system of the United States to refocus its priorities and to evaluate some of the alarming trends taking place which are not related to marijuana use, particularly as its use for recreational and medicinal purposes has been legalized in a number of states. This reflects the importance of understanding how to improve the criminal justice system through reforms to address the current problems rather than to focus on historical concerns which are less relevant in the modern era.
Conclusion
In many ways, the drug war in the United States appears to be misguided because the priority to arrest and indict persons who possess and/or use marijuana, for example, is far less offensive and debilitating than those who abuse opioids and other forms of prescription drugs, which are contributing to thousands of deaths annually and creating significant risk and harm to the general public. Some of the most important questions to consider at this juncture in the United States are the following:
Why are drugs such as marijuana a critical focus for the criminal justice system when other drugs which are available by prescription are even more offensive and cause serious harm to the public?
What options are available to reduce the prison population of first-time offenders and allow these persons to reenter society via recidivism?
How can the criminal justice system redirect its resources to address the opioid and heroin crises that are wreaking havoc and chaos on the United States?
How can law enforcement expand its probes to include prescription drugs and prescribing practices of physicians?
These questions are important to ask at a time when there is a shift in the drug discussion, which should focus on other factors that include the rise of opioids and other issues which have caused significant harm for the United States and its people in a relatively brief period of time.
- Robinson M.B. (2002). Justice Blind? Ideals and Realities of American Criminal Justice. UpperSaddle River: Prentice-Hall.
