The Corruption and Systemic

Discrimination Present in the American

Criminal Justice System
Monica K Michalowski

The American Criminal Justice System

Prior to the American Revolution, there was little unification and consistency in the
criminal justice system of the colonies. The revolution gave Americans the opportunity to create a
unique system that allowed for agreement between the states. Overtime, the American criminal
justice system progressively advanced at the federal and state levels, including the court systems,
policing, and the prison system.i When we arrive at the present day, these developed systems that
are loosely connected are responsible for investigation, capturing, judgment, sentencing, and
carrying out those sentences for criminals in the United States.

The creation of the U.S. Constitution allowed the national government powers, which were
limited in a way by the Bill of Rights. The Bill of Rights, the first ten amendments in the
Constitution, created the protections and civil rights in the criminal justice still present today. Since
the creation, the interpretation of the Bill of Rights has since changed and adapted to modern-day
needs. Nonetheless, four amendments are still key in criminal law process, these amendments
being the Fourth, Fifth, Sixth, and Eighth.

Fourth Amendment Protects individuals from unreasonable seizure or unnecessary searches of

property
Fifth Amendment Covers rights involving criminal prosecution, most notably avoiding self-
incrimination.
Sixth Amendment Ensures an accused citizen’s rights during a criminal trial are covered.
Eighth Amendment Ensures that sentencing and punishments are fair and just.
Understanding Constitutional Rights & Criminal Lawii

However, professional policing did not become commonplace until the mid-1800s. Despite
progress and improvement made, policing became part of local politics, resulting in heavy
corruption that still remains today.iii The corruption spreads to the judicial portion of the criminal
justice system, and thus primarily affects low-income individuals and people of color. Movements
such as Black Lives Matter and The Sentencing Project work to eliminate racial inequality and
high-level corruption in the criminal justice system. The criminal justice system must be reformed,
and thus completely overhauled in order to create a fair and equal arrangement, so that corruption
is ended.

Problems in the Criminal Justice System

In the American criminal justice system, there are many issues that result in the rampant
corruption and systemic discrimination. These issues seemingly cooperate and create an
environment that is difficult to revamp and is thus ignored and allowed.

The first issue that needs to be addresses in the unconstitutional overcriminalization. The
very first origin of the criminal justice system works to capture and punish those who go against
what is morally and socially acceptable– for example, murder, assault, stealing, etc. However,
unconstitutional overcriminalization massively surpasses what the system may seek to address,
while regularly using force against people in unprotected ways. In summary, the criminal justice
system routinely targets and commits wrongdoing against innocent people that present no real
threat to society.iv A common model of this is the criminalization of marijuana. When compared to
other drugs and illicit substances (both legal and illegal), marijuana proves to be one of the safest.
However, any arrests relating to marijuana consumption and distribution disproportionally affects
communities of color. Despite the push toward decriminalization, the number of arrests continue to
rise.v Unconstitutional overcriminalization creates a system that allows the people in power to
target and take advantage of communities in need.

The point-and-convict adjudication practice is another issue that contributes to the

corruption and prejudice within the criminal justice system. The reality of the jury trial practice is
that is expensive and inefficient. This problem, while it is the basis of the judiciary system, opened
the door toward coercive plea bargaining, something that is cheap, efficient, and certain.vi The idea
of the plea bargain is to pressure the individual to choose certain jail time, something smaller and
easier, or risk a harsher punishment from a trial of their peers. The Supreme Court itself observed
the idea that American “criminal justice today itself is for the most part a system of pleas, not a
system of trials.”vii There is fewer opportunity for a fair and equal trial; instead individuals are
pressured into something that may be unnecessary. The blind eye that is turned toward “the use of
coercion in plea bargaining has resulted in the practical elimination of jury trials and enables the
government to obtain convictions without the expense and inconvenience of that constitutionally
prescribed procedure.”viii Defendants are surrendering their constitutional right to trial.

George Almond, a man from Chicago, fell victim to this practice and served prison time for
a crime he did not commit. In this situation, not only did the judiciary practices fall him, but the
policing system as well. Sgt. Ronald Watts arrested Almond after his refusal to give him money,
and subsequently planted heroin on his body as evidence for a crime that Almond did not commit.
However, Almond did not have the power to fight his conviction and prove that the evidence had
been planted and thus false. Instead, George Almond plead guilty, and lost sixteen months of his

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life. The fraud and negligence by police have been found to account for 54% of pardons of
criminal convictions. ix There are many more who fell victim to the criminal justice system due to
the heavy practice of point-and-convict adjudication.

Something that is especially relevant to the corruption seen in today’s world is the nearly
zero accountability for police and prosecutors. While holding the majority of power over the lives
and wellbeing’s of others, police officers and prosecutors together are among the least accountable
people in the system.x The police are rarely prosecuted for the crimes they commit under the guise
of upholding the law. Take the case of the murder of George Floyd. The prosecution of the police
officers involved is a fluke in the system, and only occurred due to the virality of the incident and
pressure put in place by Americans. There is “a massive double standard between the level of
accountability to which members of law enforcement hold the rest of [society] and the level of
accountability to which they permit themselves to be held.” xi They take advantage of a system
created by them and for them. This system, in turn, targets people of color and communities in
need.

The creation of privatized prisons furthermore impedes any effort that is put in place to
overhaul the entirety of the criminal justice system in America. With the creation of the War on
Drugs in the 1980s by the Reagan Administration, the inmate population skyrocketed due to
harsher sentencing policies and higher rates of incarceration– rates that were beyond the capacity
of America’s existing prisons. xii Consequently, the for-profit prisons were introduced and funded
by corporation in America. These private prisons continue today, having grown at a
disproportionate rate, despite the fact that in total, they make up a small percentage of prisons in
the United States. While the intention may be the save the government money on incarceration,
the companies are focused on profit and protecting themselves; Cost-cutting measures create
high employee turnover and decreased security. There is also more push in putting people in
prison for the express purpose of profiting off of them. xiii

The push for higher incarceration rates by private prisons introduces occasion for
corruption in the judiciary system, leading to bribery and greed. According to the National
Institute of Justice, “a comprehensive analysis of nearly 57,000 corruption cases in federal courts
spanning 30 years revealed that fraud and bribery dominated the types of conduct underlying
criminal cases, accounting for 76% of the lead charges in cases resulting in convictions.”xiv Private
prison systems work hard to influence judges, policy, and harsher sentencing laws. A notorious
example is the 2009 scandal, “Kids for Cash,” in which two Pennsylvania judges were proven to
have been accepting money from two private juvenile detention centers in order to sentence more
offenders time in those centers.xv

Conversely, corruption is present at every level of the criminal justice system. The police
exploit their power of arrest, or bribes are required to preserve the safety of the arrested. IN another
instance, the victims or families of the victims may pay to move forward a case within the judiciary
system. Like shown above, corruption results in excessive incarceration and may hinder

3
constitutionally protected judicial proceedings. At the final level, both the private and federal
prison system are high risk for corruption and fraud.xvi

International Rates of Incarceration per 100,000 xvii

Finally, when discussing the prevalent issues in the American criminal justice system, it is
important to acknowledge the statistics and rates involving certain groups and demographics.
Firstly, the United States is the world’s leader in incarceration.xviii Over the past 40 years, changes
in policy have resulted in overcrowding prisons and financial burdens on states. This is in despite
of evidence that proves mass-incarceration is not effective in achieving and maintaining civic
security. This tremendously targets people of color.

U.S. State and Federal Prison Population, 1925-2018 xix

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 There is an established racial impact due to mass incarceration. While people of color make
up 37% of the United States population, they also make up 67% of the prison population.xx Based
on data from 2001 from the Bureau of Justice Statistics, white men have a 1 in 17 likelihood of
imprisonment, compared to 1 in 3 black men and 1 in 6 Latino men.xxi The incarceration rates the
United States creates thus does not affect all communities equally. In fact, the marginally and
politically subjugated, specifically communities of color, feel the disproportioned corruption and
injustice.xxii

Lifetime Likelihood of Imprisonment of U.S. Residents Born in 2001xxiii

These disputes create the corrupt system present in the United States today, and accordingly
disproportionally impact communities of color and the less fortunate. There must be a massive and
successful attempt at change in order to right the wrongs of America’s criminal justice system. We
need to create an organization that is fair and equal and does not rely on corruption to survive.

Goals for Future Improvement

Before working to repair the issues present in today’s modern criminal justice system, it is
prudent to visualize and identify the goals needed to accomplish such an objective. What are we as
a society aiming to achieve? What does an improved system look like?

First and foremost, we must create a system that is fair and equal. This means abolishing
means of discrimination and targeted corruption. Right now, the criminal justice system unfairly
targets people of color and lower-income individuals. They are ones that are powerless and fall
victim to an imbalanced organization that currently focuses on profit and power.

5
 American society as a whole is dependent on crime; there are too many powerful
individuals who profit off of the cycle of criminal activity. We must focus on rehabilitation and
lowering crime. Americans need to help their fellow citizens and the federal government must put
forth actions that will focus on reintegration and emphasizing the need on reducing crime, not
profiting off of it.

The United States has one of the highest rates of recidivism in the world. Recidivism is
measured by crime that resulted in rearrest, reconviction, or return to reformatory within three
years of the original release.xxiv The U.S. must lower rates of recidivism if there is any desire to
reorganize the criminal justice system. A large portion of the prison population contains
individuals a part of recidivism rates. These individuals consistently fall victim to a corrupt system
and are unable to fight the cycle that hurts them.

Ultimately, the main focus on improving the American criminal justice system is weeding
out the corruption spread across all levels. This will be the most difficult undertaking, as the
corruption is widespread and difficult to identify. Presently, the United States is using an outdated
and unfair system that drains resources and disrupts communities.xxv It is vital for the betterment of
the system and our society that we work tirelessly in abolishing the dishonesty and exploitation
present in policing, the judiciary system, and the prison system. It will only be then that there be an
improved system that centers on justice for all.

What Must Done to Repair

In order to repair the American criminal justice system, it is vital to improve all levels,
including local, state and federal. All of these levels and multitudes of systems in itself present
their own distinct challenges.xxvi Each level holds its own different cases and different priorities.
State and federal law enforcement handle diverse cases, and thus create various prison populations.

In 2016, the Justice Department revealed plans to end private prison use in the United
States, naming concerns about safety levels and fiscal effectiveness; however, Attorney General
Jeff Sessions reversed this plan less than a year later.xxvii Private prisons, while not the only issue
within our system, result in heavy levels of corruption and emphasize the goal for profit off of the
unethical imprisonment. The abolishment of these private prisons is one step in the direction of
refining such a corrupt system. The United States also needs to stress alternatives to imprisonment;
with the high mass-incarceration rates present today, it is unlikely that any change occurs until we
reverse policies that promote inefficiency, systemic racial discrimination, and high levels of
imprisonment. We need to invest in communities, ban “volume-based” performance measures,
practice more pardons, and expedite commutations. xxviii These actions will ensure in a system that
does not prioritize imprisonment, but a system that works to improve and protect communities.

The next step in improving and repairing the system is creating fair and effective policing
practices. The police is the beginning of the long chain that the criminal justice system comprises

6
of. There can be no improvement if the root of the problem does not change. Policing practices
should focus on guaranteeing justice for all and originate in human rights beliefs. There must a
strong relationship between police and the community they serve. This is critical in ensuring a fair
and equal system. At the federal level, there must be a national use of force guideline created.
Police departments must be held responsible for negligence and the crimes committed in the
pretense of ensuring safety and should be screening for implicit bias and aggression.xxix These
actions alone will weed out a lot of police corruption, however, there is always a continuous need
for collaboration, accountability, and monitoring. The next step in the system is developing further
integrity in prosecution. Prosecutors are expected to be “unbiased, fair, and committed to
transparent administration of justice.”xxx Prosecutors need to be trained and held just as
accountable as the police, as they play a crucial role in the current system. The foundation of our
justice organization and the Bill of Right is the insurance of due process. For this reason, we must
ensure fair trials and quality defense to all individuals, not just those who can afford it. To
accomplish such a goal, there needs to be a cap on defense counsel caseloads, emphasis on
indicting discriminatory prosecutors, increase representation for misdemeanors, increase
compensations, and offer hardship accommodations to jurors.xxxi These changes will guarantee an
end to unfair trials and point-and-convict adjudications.

Finally, the United States must focus on fostering successful reintegration and eliminating
the criminalization of poverty. Individuals released from the prison system currently have little
opportunity for successful rehabilitation. These obstacles contribute to high rates of recidivism and
allow for corruption for profit to continue at all levels. In order to successfully reintegrate, there
must a be a department created within the Bureau of Prisons created to focus on successful
rehabilitation, improvement done on “halfway houses,” a repeal of post-conviction consequences,
and transitional services must be provided.xxxii These actions will allow individuals at risk to avoid
repeating the same mistakes and cycling through the same corrupt system. Low-income individuals
are at an unfair disadvantage when it comes to the criminal justice system, and the criminalization
of poverty must be eradicated. There must be an overhaul at the local justice level, an investigation
and prosecution of debtors’ prisons, a prohibition of for-profit probation, a cap on criminal justice
debt, and the creation of incarceration and fine alternatives.xxxiii These efforts will allow the
American criminal justice system to move past the focus on profit, and instead create a system for
rehabilitation and safety.

Conclusion
Overall, there is an intense presence of corruption spread in all levels of the American
criminal justice system. This corruption allows for systemic discrimination and unfairly targets
communities in need and people of color. It is vital that a massive overhaul of the system is done in
order to ensure a fair and equal society and guarantee justice for all, which is the foundation of the
United States.

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i

“Foundations of Criminal Justice.” 2021. Jrank.org. 2021.

https://law.jrank.org/pages/12327/Foundations-Criminal-Justice.html.
ii

Burgess, Ted. 2019. “Understanding Constitutional Rights & Criminal Law.” Los Angeles DUI
Lawyer Information. January 15, 2019. https://www.losangelesduilawyer.org/understanding-
constitutional-rights-criminal-law/.
iii

Ibid, i
iv

Neily, Clark. 2020. “America’s Criminal Justice System Is Rotten to the Core.” Cato Institute. June 7,
2020. https://www.cato.org/blog/americas-criminal-justice-system-rotten-core.
v

Ibid, iv.
vi

Ibid, iv.
vii

“Lafler v. Cooper, 566 U.S. 156 (2012).” 2012. Justia Law. 2012.
https://supreme.justia.com/cases/federal/us/566/156/.
viii
 Ibid, iv.
ix

Schuppe, Jon. 2020. “Government Corruption and Negligence Drive Most Wrongful Convictions,
Report Finds.” NBC News. NBC News. September 14, 2020.
https://www.nbcnews.com/news/us-news/government-corruption-negligence-drive-most-
wrongful-convictions-report-finds-n1240071.
x

Ibid, iv.
xi

Ibid, iv.
xii

Joy, Tara. 2018. “The Problem with Private Prisons — Justice Policy Institute.” Justicepolicy.org.
2018. http://www.justicepolicy.org/news/12006.
xiii

Ibid, xii.
xiv

“A Handful of Unlawful Behaviors, Led by Fraud and Bribery, Account for Nearly All Public
Corruption Convictions since 1985.” 2021. National Institute of Justice. 2021.
https://nij.ojp.gov/topics/articles/handful-unlawful-behaviors-led-fraud-and-bribery-account-
nearly-all-public.
xv

Ibid, xii.
xvi
 Andrea Huber. 2014. “Corruption Is a Significant Factor in Human Rights Violations in Many
Criminal Justice Systems - Penal Reform International.” Penal Reform International. October
27, 2014. https://www.penalreform.org/blog/corruption-significant-factor-human-rights-
violations-many-criminal/.
xvii

“Criminal Justice Facts | the Sentencing Project.” 2020. The Sentencing Project. September 2, 2020.
https://www.sentencingproject.org/criminal-justice-facts/.
xviii

Ibid, xvii.
xix

Ibid, xvii.
xx

Ibid, xvii.
xxi

Ibid, xvii.
xxii

Ibid, iv.
xxiii

Ibid, xvii.
xxiv
 “Recidivism.” 2021. National Institute of Justice. 2021.
https://nij.ojp.gov/topics/corrections/recidivism.
xxv

“Transforming the System.” 2014. Transforming the System. 2014. https://transformingthesystem.org/.

xxvi

Grawert, Ames. 2021. “How to Fix the Federal Criminal Justice System (in Part).” Brennan Center for
Justice. 2021. https://www.brennancenter.org/our-work/research-reports/how-fix-federal-
criminal-justice-system-part.
xxvii

Ibid, xii.
xxviii

“Transforming the System.” 2015. Transforming the System. 2015.

https://transformingthesystem.org/criminal-justice-policy-solutions/alternatives-to-mass-
incarceration/.
xxix

“Transforming the System.” 2015. Transforming the System. 2015.

https://transformingthesystem.org/criminal-justice-policy-solutions/create-fair-and-effective-
policing-practices/.
xxx

“Transforming the System.” 2021. Transforming the System. 2021.

https://transformingthesystem.org/criminal-justice-policy-solutions/enhancing-prosecutorial-
integrity/.
xxxi
 “Transforming the System.” 2021. Transforming the System. 2021.
https://transformingthesystem.org/criminal-justice-policy-solutions/ensuring-fair-trials-and-
quality-indigent-defense/.
xxxii

“Transforming the System.” 2021. Transforming the System. 2021.

https://transformingthesystem.org/criminal-justice-policy-solutions/fostering-successful-
reintegration/.
xxxiii

“Transforming the System.” 2015. Transforming the System. 2015.

https://transformingthesystem.org/criminal-justice-policy-solutions/eliminating-the-
criminalization-of-poverty/.