The American justice system has been evolving for four centuries now. Even now, the system is ready for another change as the attitude toward crime shifts from being tough to being reasonable. Here are some of the key points of each era of American justice.
The First Settlers
The first justice system to exist in America came with the first settlers. It was very surprising that they chose to incorporate the system were most familiar with- English common law. Since many colonists fled England in order to escape the influence of the Catholic Church and the persecution of other religions, it was a shock that this was their preferred system. It was based heavily on the idea of Mens Rea, or guilty mind.
William Penn and the Quakers
The next big influencers on the law system in America were William Penn and the Quakers. Under his reform in the 1680s, capital punishment was abolished unless a murder was committed. His ideas also made prison free (no fees, provided lodgings and food) and allowed bail to be set when the offenses were not severe. William Penn also required prisoners to learn a trade so they could find work after release and helped with the rehabilitation of the prisoners.
Post American Revolution- The Constitution
Penn’s ideas were not challenged until nearly a decade later when The Constitution became law in 1789. America kept the jails and physical punishment was completely eliminated in some areas. It established equal rights and freedoms for everyone and reigned supreme in the land.
Article III of the Constitution
The Judicial system of law was established in Article III of the Constitution. It established the Supreme Court to rule over all other courts and also established lower subsidiaries. Article III also established the requirement of trial by jury- that a person must be granted a trial to be judged by a group of their peers.
Challenges to the Constitution
A little more than a week after The Constitution was signed, the first amendments were put into effect. They made adjustments to the document, explained some of its writing, and clarified what passages meant. Some of the challenges that caused amendments to The Constitution to be written included the Civil War, the abolishment of slavery, and increased immigration to America. The attitude of the law shifted even more toward the rehabilitation of prisoners, especially as escaped and freed slaves were released.
Theodore Roosevelt and the War Era
The next prominent time of reform for American law was during Theodore Roosevelt’s presidency. In the early 1900s, more progressive ideas were suggested and then implemented in the world of law. This included the creation of new law agencies (the FBI, for example), the juvenile justice system, and new sentencing laws. The progressive changes continued throughout the time of war, including World Wars I and II, as well as the Great Depression and America’s Prohibition.
The Post-War Era
The decades that really had an effect on the changes in attitude toward the American justice system were the 1960s and 1970s. It was this period of twenty years that celebrated being out of the war- often with drug use. War protests and race riots were also popular. This made the public attitude shift toward tougher sentences and an expansion of the system.
Where We Are Today and What’s to Come
Right now, it seems as though America is coming out of its “get tough on crime” era. Most of the public has seen that overcrowded prisons and stricter regulations of homeland security are encroaching on personal rights and freedoms. The next decade or so will tell us how the American justice system will change from here.
Talking with a lawyer, like David Heil of Heil Law, can aid you in understanding your personal rights.
Lautaro Martinez, a histrory buff and freelance writer, enjoys sharing history related articles. If you would like to learn more about Lautaro, you can check out his google+ profile.