Before we dive into disparities and ethical issues with the US criminal justice system, it is important that we first understand how it works. Social workers need to have an understanding of their client’s needs, situation, and rights in order to effectively help them. The criminal justice system includes the whole process of prosecution of crimes from investigation of a crime to arrest and charges through the court process, any serving time, and all the way through probation. In the case of social work, there are many programs that help those get back on their feet after jail time or probation. Below is a photo that shows more in depth the whole process.
Overview process of the US Criminal Justice System
- Investigation/charge of a crime
- It is the responsibility of law enforcement officers to investigate reports of crimes by gathering evidence. They are also responsible for making arrests.
- Prosecution of crime
- After an individual has been charged with a crime, they must go to court. Prosecutors act on behalf of the state or federal government to gather, organize, and present evidence that the suspect has committed the accused crime. They decide whether or not to drop the case. If they take the case to court they are responsible for determining charges and presenting the case in court which includes presenting evidence and questioning witnesses.
- A defendant (person suspected of committing the crime) has the right to a lawyer whether they provide it themselves or provided by the state.
- The hearing and entire court process is overseen by a judge who oversees the trial and ensures that laws are being followed. In certain cases a judge will determine the sentence and in others the jury will decide.
- Corrections
- Jails house those that are awaiting trial or have been sentenced to a year or less. Prisons house those sentenced to over a year. After serving their time, they are assigned a probation or parole officer. In some cases individuals will serve probation or parole in lieu of jail or prison time.
First, let’s take a look at the various levels of court systems and where their jurisdictions lays.
Local Courts
Click on the drop down menus below to learn about each of the different courts. To find resources and learn more about different courts within Alaska, visit https://www.justice.gov/jmd/ls/state/alaska
Small Claims Court
The small claims court hears civil cases of a designated amount or less. In Alaska it will hear civil cases for $10,000 or less.
District/Municipal Court
District courts handle both civil and criminal cases. This is where you will find most traffic violations and family disputes. All criminal cases for individuals 17 years of age or older start in this court. To find resources on Fairbanks’ District Court, you can head to their website at https://courts.alaska.gov/courtdir/4fa.htm
Probate Court
Probate courts handle estates, wills, and trusts. The state of Alaska has a helpful website that outlines the steps of Probate Court that can be found at https://courts.alaska.gov/shc/probate/index.htm
Circuit Court
Circuit Court handles all civil cases over $25,000 and is a trial court. It also handles
Court of Appeals
The state’s Court of Appeals handles cases that have gone through the Circuit Court and the person charged with the crime appeals the judge’s decision or sentencing.
State Supreme Court
The state’s Supreme Court handles certain cases that appeal the Court of Appeal’s decision. Alaska’s Supreme Court is made up of five Justices including a Chief Justice that serves a term of three years.
Federal Courts
US Supreme Court
The Supreme Court is the highest court in the US justice system. It consists of nine justices that handle large matters generally relating to the Constitution of the United States. It is the only court that can overrule a state’s supreme court ruling.
Details
US District Courts
Crimes become federal and are handled in federal courts when they involve multiple states or happen involving federal property. Sentences are sometimes, but not always, harsher at a federal level.
The US criminal justice system can use reform in all aspects. I believe that the highest needs for this are changing the way jails and prisons work to focus on reform instead of punishment. According to Harvard Politics, over 50% of individuals are reincarcerated within three years of leaving prison. Some individuals have such a hard time readjusting to life outside of prison and a lack of resources to meet their basic needs that they will commit a crime in order to return to prison where at the very least they have food to eat and somewhere to sleep. Prisons should focus on helping individuals better themselves with classes, therapy, education, and other resources that will help them get back on their feet and into a better position in life once they are released. This also applies to strengthening post incarceration rehabilitation programs.
Role of Social Worker in Criminal Justice
I believe that the biggest role social workers can have in the criminal justice system is within advocacy. Both on an individual level and on an advocacy for reform level. Social workers working within the criminal justice system see first hand the impacts that it has and how it disproportionately negatively affects certain groups, such as people of color, which makes them good advocates to voice for where change needs to happen. It is important that those serving time still have their needs met and resources available to them. The images to the right show how prevalent mental health problems and substance abuse is among those incarcerated.
There can be an ethical dilemma for social workers working in the criminal justice system. They are likely severely overworked and may struggle with morality of people who have committed certain crimes. The criminal justice system itself is often criticized for its disproportionate representative of BIPOC individuals charged with crimes and incarcerated. Below is a helpful visual for this.
For social workers working adjacent to but not directly in the criminal justice system, the biggest support they can be is within rehabilitation of those leaving incarceration. It can be really difficult to return to a previous life or get back on your feet. Social workers provide the support and resources needed such as housing options, job programs, and in certain cases counselling.
There is a lot of work to be done to improve the criminal justice system as a whole, and I think that social workers are going to be a huge part of that. Those charged with a crime are likely in positions to need a significant amount of help, which is the purpose of social workers. More resources should be put towards increasing the number of social workers and resources available to them. Helping those incarcerated as well as once released to aid them in building better lives for themselves will help prevent reincarceration and reduce the already overloaded system. While it can be difficult to be working as part of an oppressive system, I do believe that having people who consciously acknowledge the oppression and are actively working to change it from within and helping those suffering due to it is vital to combating the oppression itself and does not make the person themselves an oppressor.
Kaylana Nations
Hello Katherine,
I like the statistics you included within your blog that show the huge injustices built into our prison systems. Sadly many people see these statistics and blame them on groups of innocent people instead of the societal disadvantage they received. I completely agree with you that as social workers we can play a huge role in helping people reassimilate within society post-incarceration. However, in the future rebuilding the prison systems would better combat the issues. Right now rehabilitation is very achievable. whether through housing programs or providing more jobs for people coming out of jail. My interests as a social worker lean more toward art therapy and how it plays a role in self-expression and healing. I would love to be able to see some sort of art within the prison system. Also, I think social workers providing programs that help low-income communities are indirectly helping the amount of people being incarcerated. Thank you so much for this blog, Katherine.
Regan Gray
Switching from punishment to rehabilitation is a really important point. According to Harvard Politics, the high rate of people returning to jail within three years shows we need to do something about it ASAP. The idea of putting more money into education, therapy, and other programs for inmates makes sense and is a more humane way to deal with crime. Social workers being advocates for both individuals and bigger changes is spot-on. It’s clear that certain groups, especially people of color, are getting hit harder, showing there are bigger problems to fix. Social workers dealing with heavy workloads and tough decisions highlight how messed up the system can be. Saying we need more resources for social workers and a bigger focus on fighting oppression from the inside is a strong viewpoint. Recognizing how the system is oppressive and actively trying to change it would be a big step for social justice.
Katherine LeBlanc
Thanks for your comment Regan. I think that fighting oppression from the inside is one of several ways we should be working to combat the systematic oppression of people of color that is seen within the US criminal justice system. I see it as sort of a Band-Aid to a really big problem. The systematic oppression extends much further than the criminal justice system, but it can be seen easier in it. There is a lot of reform and restructure that needs to happen both within and outside of the criminal justice system. That takes a lot of time, which doesn’t help the people that currently need it. So, as a resource until bigger change can be made, I think it is super important to provide the support we can. Which in this case would be more social workers, more rehabilitation programs, and more resources for them.
Danelle
Hi Katherine, I admire your insights regarding social workers’ ethical dilemmas in the criminal justice setting. The challenge of managing high workloads while navigating the complex moral landscape surrounding crime and punishment cannot be overstated. It’s a balancing act that demands professional skill and personal resilience. Your point about the systemic biases in the criminal justice system, especially the disproportionate representation of BIPOC individuals, is a critical issue that deserves more attention. I recently read an article from Alaska Public Media that stated, “The Prison Policy Initiative, a Massachusetts-based think tank, drilled down on inmate population counts from 2021. It looked at every state and found that Alaska Natives make up 40% of the people incarcerated in Alaska, yet are only 14% of the state’s population.” These numbers are just another example of how the criminal justice system needs more attention. Social workers are often on the front lines, witnessing the consequences of these biases firsthand. Their role in advocating for equity and reform in this context is essential. Understanding and addressing these systemic issues is critical to fostering a more just and equitable criminal justice system.
https://alaskapublic.org/2023/10/04/racial-disparities-among-alaska-native-and-american-indian-inmates-a-troubling-picture/
Katherine LeBlanc
Hi Danelle, thank you for your addition of the article from Alaska Public Media. I appreciate you showing how systematic issues and oppression is noticeable within Alaska itself. The article also notes how Alaska doesn’t have separate jail and prison facilities as well as how white people are more likely to be able to afford bail compared to Alaskan Natives while awaiting trial. These types of issues should be noted and addressed.
Hailey Luder
Hi Katherine, great job on your blog! One of the things that really stood out to me was the really detailed photos you inserted to help people visualize what you were trying to get across. The sequence of events in the justice system really is complex and the photo really helped me visualize what you were saying above. I also agree wholeheartedly that rehabilitation over punishment is where we need to be focusing our efforts. Social workers within the justice system do have a really difficult job that can be made complicated by both ethical dilemmas and just the amount of work that they feel they need to do. The amount of work in this field can be huge and it can be hard for some to feel as if they’ve made a real difference. Thank you for your contribution this week, I enjoyed reading!
Madison Sawyer
I agree that rehabilitation over punishment should be implicated more. It has been proven that imprisonment can worsen the mental health and general sense of self for those who are incarcerated. There should be a higher focus on helping these individuals so they can re-enter society properly. The system needs to be more open, minded and helpful, instead of putting people down and essentially making it worse in some cases.
Katherine LeBlanc
I absolutely see this as one of the biggest flaws with the US criminal justice system. It is a ‘treat the symptom, not the cause’ type of solution. If the goal were really to prevent crimes from being committed, then the system would focus more on resources and rehabilitation. People unable to meet their basic needs are going to go to the lengths necessary to change that. The goal needs to be rehabilitation and resources, not punishment and fear. The system is already overloaded and overworked, and has been in that state for a long time. The rate of re incarceration really shows how problematic it is. There is a lot that needs to be improved.
Ariel Oviatt
Hey Katherine,
The graphics you provided in your blog were a great visual for your topic!
I think that most social workers would agree that rehabilitation is part of the answer, as is restoration and habilitation in terms of helping others learn to advocate for themselves and to connect with their community. I work fairly closely with the criminal justice system in my county and there is great disparity in terms of race. I have a unique position in my community to be able to see both sides firsthand, and the reality is that resources are deeply important, life skills, different types of therapy and treatment are all necessary. However, one of the most prevalent issues with folks that I work with who are either on probation or parole is the ability to find a job that pays them enough to survive. I think that there is some level of comfortability, as you stated, in institutions for some folks because that is what they have known for much of their life, if not a great portion of it, but I think there is also something to be said for the difficulty of surviving on the outside. The reality is, “three hots and a cot” should not be considered the only alternative in terms of survival. The community plays a huge role in the rehabilitation of a parolee, the representatives of the criminal justice system play a role – especially in terms of fostering hope, and of course, so do social workers.
The reform of our system has to happen in may sections of our society to make the reintegration process one that is more inviting, that fosters hope, that strives for living and not just survival, to make it more successful, I think, before social workers will have the impact I believe we all want.
Katherine LeBlanc
Thank you for the very thoughtful and insightful comment Ariel. You beautifully word the importance of community and habilitation in both prevention of crimes and reintegration after incarceration. Having resources, options, community, supports, and a living wage not only makes reintegration as a meaningful part of society possible, but it can also help prevent incarceration in the first place.