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Running head: CRIMINAL COURT SYSTEM IN THE U.S.A 1

 

CRIMINAL COURT SYSTEM IN U.S.A 6

 

 

 

 

 

The Qualitative Research Method and the Research Problem

School of Business, Northcentral University

 

Hiba Al Mehdi

BUS 7380 V2: Qualitative Research Design and Methodology

Dr. Lawrence Ness

May 8, 2022

CRIMINAL COURT SYSTEM IN U.S.A 2

 

Running head: CRIMINAL COURT SYSTEM IN THE U.S.A 1

 

 

 

 

Criminal Court System in the U.S.A

Introduction

Our modern criminal justice system results from several reforms that society has undergone since the founding of the United States. Over the years, Americans have developed law enforcement and law enforcement methods and held accountable and punished offenders (Feeley, 2018). Today, these functions are performed by the police, the courts, and correctional institutions. The early American criminal justice system did not have this structure. Comment by Author: Improve scholarly tone. Avoid we and our. Comment by Author: Avoid colloquialisms. Comment by Author: Avoid vague references to time. Comment by Author: Use left paragraph justification. Consider joining one of NCU’s Academic Success Center’s group sessions for further support at https://ncu.libguides.com/learnasc/groupsessions

Religion and sin were used to mold society and its character before the United States established rules, laws, and official organizations. Many colonial crime concepts were based on biblical beliefs, making offenses like blasphemy, blasphemy, and Sabbath disrespect punishable. Hanging, stoning, and flogging are punishments intended to humiliate sinners and lead to repentance (Feeley, 2018). Surprisingly, there is still a desire to make criminals regret their actions, but for victims of crime rather than higher authorities.

As American society expands in terms of population and territory, the use of religion to guide the right to crime has diminished. Now, laws are being enacted to maintain values that are more of a concern for Americans than religion. These changes have led to more regulations and violations, another dimension we still see today. Many argue that this trend is because moral laws have not been more deeply entrenched than religious laws, making them less effective in creating acceptable behavior. In other words, historically, God's law has been more effective in enforcing good behavior than the police, the courts, and discipline (Tauri and Deckert, 2022).

These events have created a modern American criminal justice system, right or wrong, legitimate or not. The growth from religiously minority cities to different religious and cultural capitals has completely changed the environment of the criminal justice system, which requires police, courts, and official corrections.

Problem Statement

The problem to be addressed is the injustice regarding the criminal justice system and how innocent people should not fear true justice. Indeed, citizens everywhere have reason to be grateful that their country has a criminal justice system to ensure fairness. The system includes the legal system, the law enforcement police force, and the judiciary. Nevertheless, criminal justice systems in every country have committed horrendous and shameful crimes. Comment by Author: The problem must be (a) business related, and (b) measurable such that it can be statistically anchored. Justice of injustice as a concept does not appear viable to anchor. Comment by Author: Again, a business related focus is needed. Comment by Author: Elements of the problem are lacking/missing, as follows: Apply the following: + Specific problem (“Problem to be addressed is.”). Identify the degree-specific (e.g., business, IT, education) problem O Who says it is a problem (citation) O How extensive is the problem (statistical anchor) + Gap statement (from the literature review) + Significance (who cares and why?) The above should be addressed within 250-300 words (1-2 paragraphs). Per the NCU Checklist: Begin with “The problem to be addressed by this study is.”. This statement should logically flow from the introduction and clearly identify the problem to be addressed by the study. - - - - - Succinctly discuss the problem and provide evidence of its existence. (statistical anchor) - - - - - Identify who is impacted by the problem (e.g., individuals, organizations, industries, or society), what is not known that should be known about it (gap), and what the potential negative consequences could be if the problem is not addressed in this study. - - - - - Ensure that the concepts that are presented are exactly the same as those that are mentioned in the Purpose Statement section. - - - - - Do not exceed 250-300 words.

Instead of punishing the guilty and protecting the innocent, sometimes innocent people are punished for crimes they did not commit (Li, 2019). Others remained in prison for many years, only to be released before serving their sentences because they had severe doubts about their guilt and whether they were fair.

This behavior leads people to conclude that "justice for all" will never be; some become anxious only when injustice touches them. By considering some of the causes of injustice and restrictions on justice, we can better understand the challenges of the criminal justice system. Furthermore, we will see how complex the question of perfect justice is (Bradley, 2020).

Purpose of the Study

The purpose of this qualitative study is to analyze the Criminal Court System in the U.S.A. A qualitative study design will be used to collect and analyze narrative data to show why the Criminal Court System in the U.S.A. was put in place. These data will represent the state and system of the Criminal Court System in the U.S.A. Qualitative data will be gathered from exploring Criminal Court System from the public in Michigan. The reasons for using this form of data are to provide a detailed description, track unique or unexpected events, illuminate the experience and interpretation of events, and develop an in-depth understanding of the criminal court system in the U.S. Comment by Author: Analyze what about the court system? Ensure that the purpose aligns with the problem and gap. Comment by Author: Purpose does not reflect a problem, gap, nor doctoral level research. Comment by Author: Revisit purpose, based on the revised problem, gap, and qualitative purpose template provided, as follows: For qualitative, a useful template for the purpose statement, adapted from Creswell (2009, p. 114) is: The purpose of this ________________(strategy of inquiry, such as a case study, grounded theory, or other type) will be to (explore/understand/ describe/develop/discover) the _____________________(central phenomenon being studied) for _______________(the participants, such as the individual, groups, organization) at _____________(research site). At this stage in the research, the _______________(central phenomenon being studied) will be defined as _______________(provide general definition). Alternately, The purpose of this qualitative study is _________________ [content aim of the study]. A qualitative study design will be used in which narrative data will be collected and analyzed to _________. These data will represent ____________ [the bounding or description of the study]. Qualitative data will be gathered exploring _____________ [the central phenomenon] from _________ [participants] at _________ [the research site]. The reasons for using this form of data to ________ [support or generate] data, is to develop an in-depth understanding of ____________________. [Include scholarly sources to support these research decisions.] After stating the purpose, briefly describe how the purpose would be achieved, including the variables (quantitative only), population, sampling approach and size, instrumentation (if any), data collection, and analysis. Ensure that the purpose aligns with the problem. Limit the purpose to a single paragraph (~250 words).

 

 

Research Questions

Does the Criminal Justice System have Racism? Comment by Author: Label and number each qualitative RQ, e.g., RQ1 RQ2 These need to reflect and align with the problem, gap, and purpose. Qualitative RQs begin with why, how, or what and are open-ended. This RQ does not reflect a business-related problem or gap. Further, avoid yes/no questions.

In his book The Myth of the Criminal Justice System, sociologist William Willbanks debunked the premise of Racism in the criminal justice system decades ago. Other variables, such as poverty and the defendant's prior record, he claims, contribute to discrimination (Bradley, 2020). Comment by Author: Omit discussion for each RQ.

While other reports indicate that Racism ended up in civil rights in the United States, Racism has been present in almost every step of the justice system. A ratio shows that 1 in 4 Africans has a chance to go to jail, compared to 1 in 23 Europeans (Tauri and Deckert, 2022). Although American society is prosperous and "democratic," those in small groups are the ones who benefit the least. According to the Office of Justice, assuming present imprisonment rates continue unaltered, 32 percent of black males and 17 percent of Latino men born in 2001 may expect to spend their lifetimes in jail, compared to only 6 percent of white men (Burmon, 2022). Although African Americans make up just 12% of the population, they account for 40% of all inmates and 42% of those condemned to death (Li, 2019). People from other groups are also more likely to be handled severely, with more excellent arrest rates, less secure bonds, etcetera.

Is Citizen Participation Congruent to the Course of the Criminal Court Justice? Comment by Author: Ditto

Citizens, who have sometimes neglected members of society, play an essential role in the world's unique judicial system. They contribute to the preservation of the democratic-order equilibrium. "Commitment" is a phrase used in the American social and political system to describe public engagement. There are an estimated 500,000 volunteer groups in the United States today, which originated in 1841 when Boston shoemaker John Augustus became a probation officer (Bradley, 2020). In the 1990s, however, in early 1960, it reappeared and has since become very widespread. Today, about 200,000 volunteers donate their precious time to 2,000 courts across the United States. The citizens also expressed support for various other activities, such as persuading elected officials to influence court decisions, increasing public awareness, fulfilling the jury's role, reporting and providing evidence in criminal cases, and building and practicing reflection (Li, 2019).

What is the Role of Awareness of Civil Rights and Freedoms? Comment by Author: Ditto

The natural source of civil rights in the United States is the Bill of Rights, which came into force in 1791 and included the first ten amendments to the Constitution (Burmon, 2022). Americans are very aware of their rights, especially the personal rights granted to them by the government. Although they do not know the contents of specific rights, they still insist on their rights. They are aware of their rights as many relate to procedures in which the government can take away their lives, freedoms, and property (Bradley, 2020). The government has been banned from violating these rights. There is a big difference between civil rights and civil liberties. Civil rights mean the equal treatment of a person regardless of race, gender, and disability (Feeley, 2018). In contrast, civil liberties constitute the fundamental freedoms guaranteed by the Bill of Rights and interpreted by the courts and legislators for many years (Burmon, 2022). Some examples of civil liberties are as follows:

Right to Privacy, Religious Freedom, Safe Transport, Freedom of Speech, Freedom of Registration, Weapons, and Marriage.

Conclusion

The systems of state courts are very different. No two states have the same judicial system. That being said, similar to the federal government, states have leadership that organizes the high court system and special judicial groups. Municipal courts, traffic courts, county courts, police courts, or magistrate's courts are examples of state judicial systems at the lowest level (Tauri and Deckert, 2022). These courts are usually created as courts and deal with minor litigation and criminal matters only. The federal high court system hears most serious crimes.