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 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.
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.
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.
Research Questions
Does the Criminal Justice System have Racism?
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).
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Is Citizen Participation Congruent to the Course of the Criminal Court Justice?
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?
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.
References
Bradley, C. A. (2020). International law in the U.S. legal system. Oxford University Press.
Burmon, K. M. (2022). Using civil law approaches to hate crimes in the United States for illicit antiquities and fine art cases. Journal of White Collar and Corporate Crime, 3(1), 16-22.
Feeley, M. M. (2018). How to think about criminal court reform. B.U.L. Rev., 98, 673.
Li, V. H. (2019). Law without lawyers: A comparative view of the law in China and the United States. Routledge.
Tauri, J., & Deckert, A. (2022). Editorial 4 (1). Decolonization of Criminology and Justice, 4(1), 1-6.
