James B Bolen PhD - Fixing This Broken Thing...The American Criminal Justice System

Fixing This Broken Thing...The American Criminal Justice System

James B Bolen, Ph.D.

Copyright 2018 James B Bolen, Ph.D.

All rights reserved

First Edition

Page Publishing, Inc

New York, NY

First originally published by Page Publishing, Inc 2018

ISBN 978-1-64138-694-4 (Paperback)

ISBN 978-1-64138-695-1 (Digital)

Printed in the United States of America

INTRODUCTION

How much confidence do you have in this Criminal Justice System? What do you expect of the court system? Are you confident that your local government is using the most effective means available to recruit and train your police force? What do you believe is the most accurate measure of your Criminal Justice System? Does the current Criminal Code (laws) adequately address issues of crime and disorder in our communities? When examining our Criminal Justice System, one can find fault with each aspect of this system. I would be remiss if I did not initially state that this book will not provide, suggest or illustrate the magic pill which will solve all the problems with our Criminal Justice System. However, it does address a variety of topics, and it does provide methodology to address each concern raised.

Justicewhen we utilize the services of our Criminal Justice System, it is reasonable to expect that justice shall prevail. Justice can be fairly defined as conformity to moral righteousness: attainment of what is fair and equitable. We are a nation of laws, and the law should ensure that justice prevails. However, far too often, justice is not realized during the utilization of our Criminal Justice System. Good does not always overcome evil. Right does not vanquish wrong. The injured do not always attain justice. I recognize that this system was developed by human beings, and we are imperfect. Hence, anything we develop cannot be perfect. However, after working in this Criminal Justice System academically and professionally for more than twenty years, I am compelled to offer this book. The amount of injustice that exists in our Criminal Justice System is simply intolerable. Far too often, the injured seek to redress their grievances by utilizing this system and are left sorely disappointed. There is an ever-growing frustration with this Criminal Justice System that could lead our society devolving into anomie. Gloom and doom prophecies can easily be characterized as the ravings of an irrational and overly dramatic mad person. Weve all heard the were in the last days declarations. But there is a saturation point beyond which the masses will not allow their frustrations to exceed. Based upon my studies of this system, working in it and observing how it operates, I have come to conclude this system is in desperate need of a makeover. Our Criminal Justice System cannot continue to operate this inefficiently.

During the course of this book, I am going to support my argument by sharing incidents Ive experienced professionally, statistics from various sources and recounting various newsworthy events. Other professionals and/or academics in this field will seek to counter my arguments with various facts and figures. A wise man once told me, There are lies, damned lies and statistics. Donald Riddle, chancellor emeritus, University of Illinois Chicago Circle Campus. There are statistics to illustrate that the violent crime rate is in decline. Statistics that indicate how many offenders have been arrested and convicted. There are more people in American prisons than any other prison system on this planet. But how safe do you feel? I encourage you to think about the circumstances in which you live.

While working on my masters degree, I traveled to Vienna, Austria with fellow Criminal Justice students to conduct a comparative analysis of the two justice systems. I observed that even though Vienna was a fairly large metropolis, there were some streets that did not have the benefit of artificial streetlights. Hence, I conducted a VERY nonscientific experiment. I walked some of those nonlit streets after dark to observe the citizenry. What I observed was people traveling about with little if any concern. Women traveled alone, did not cross the street as myself or other men approached. They did not clutch their purses or look over their shoulders as they walked past strangers. I could detect absolutely no tension in the air, and each person I observed seemed to be as comfortable as if the sun was out and brightly shining. Austria has very strict gun laws, so I cant attribute their sense of comfort to the fact that they were armed. I concede that I spent only a brief time there, but I just marveled at what I observed. I was shocked to learn that while there was a police presence on the streets, the police stations were closed. At that time, I was a Chicago police officer, and I just could not imagine any circumstance where closing the police stations would be prudent. The thought of closing police stations at night in a major metropolis was as foreign to me as the Chinese alphabet. I grew up on the south side of Chicago. I was a Chicago police officer. In my mind, there had to be something radically different about this society.

There are those in our society that believe arming our citizenry will make our nation safer. The National Rifle Association (NRA) purports itself as THE defender of our Second Amendment right to keep and bear arms. I have come to question the sincerity of that organization. I question its actual goal. Since 2007, our Congress has been working to pass legislation that would not allow persons on the federal no-fly list the right to purchase firearms. The people on that list are suspected terrorists or in the very least suspected to terrorist sympathizers. Our intelligence agencies have determined that allowing them to board aircraft would risk the safety and security of the fellow passengers and unsuspecting citizens on the ground. However, the NRA has worked diligently to defeat this legislation at every turn. This is offensively stupid. Any person that is too dangerous to board an aircraft is most assuredly too dangerous to own or possess a firearm. And any person that has been unjustly or errantly placed upon the federal no-fly list can dispute such and have that rectified. The NRA has consistently fought any effort to restrict the sale of armor-piercing ammunition to the general public (cop killers). This ammunition easily penetrates the bullet-resistant vests worn by law enforcement professionals. There is no defendable reason that the general public need be equipped with ammunition that pierces the bullet-resistant vests worn by police officers. I reflected upon my own experience after purchasing a firearm and looked at NRA publications that I received. Most of the content of these publications were sales ads for various firearms manufacturers. It appears to me that the primary objective of the NRA is to protect the profit margin of the gun industry. Their objective appears to be to work as lobbyists for gun manufacturers and defeat any causes of action that would decrease the sales of firearms regardless of the consequences. NRA officials represent themselves as loyal Americans. I must question their sincerity to the overall good of our nation when they work against legislation that clearly is crafted to protect Americans from groups that have sworn to hurt us. Furthermore, the NRA must accept the fact that protecting the citizens of this nation is appreciably more important than the profit margin of the gun industry.

I ask that you read this book with an open mind. There are parts of this book that will challenge your ability to maintain an open mind. This book is intended to motivate you to reconsider much of what you believe you know about our Criminal Justice System. The target audience is you the people of this great nation as I am convinced the change necessary to fix this broken thing will not be initiated by our elected officials. In fact, this book illustrates that many of our elected officials are disingenuous in their collective proclamation of concern for our safety. Our Criminal Justice System will be fixed when the people of our nation become actively involved and push our elected officials into acting more like employees as opposed to employers. They work for us, we pay their salaries, lets act like that is the case.