Thecriminalprocess has experienced a rapid development since the 17thcentury. With the advancement in technology, significant events areevident in the criminal process. First, convicted persons can now betransported from England and Ireland to North America in a smoothprocess (Feeley, 2014). Ideally, this was not possible before the17thcentury and therefore it is seen as a significant improvement in thecriminal justice system. Second, with the aid of technology, theelectronic monitoring of offenders and offenders is now possible.Again, this was not feasible before the 17thcentury. This articlereview discusses Feeleyargument concerning the innovation of the criminal process, thestrengths,and weaknesses of his caseas well as its accuraciesand inaccuracies.
Feeley(2014) considers two theories about thedevelopmentof thecriminalprocess. The first theory is thetransportationof convicted persons from England to North America. Second, Feeleythinks theelectronicmonitoring of offenders released on bail terms before trial, whichstarted in the USA in the 1970s. The main reason why the authorfocused on these two discussions was that they revealed some valuableinsights about innovation in the criminal justice systems in bothEngland and the United States of America. During the 17th century,these two states were considered as theweakest regarding the criminalprocess.
Feeleyin his article further states that two innovations that are thetransportation of convicted persons, and electronic monitoring ofoffenders are common as they might be anchors in a continuous processof creative innovation. He explores three parts. The first part looksat the practice of England and Ireland of sending prisoners to NorthAmerica to face their jail sentence. This practice began in the early17th century and abruptly ended at the beginning of the AmericanRevolution (Strach,& Sullivan, 2015).It was later continued in Australia until 1868. The second part ofhis journal deals with the development of electronic monitoring ofconvicted felons and those who have been awarded bail. Feeleyconcluded by identifying other innovations that were introduced bythe private contractors, which in the end would shape the modernAnglo-American criminal justice system.
Feeley’sdiscussion had some strengthsand weaknesses. On the first strength, the article talks about theinnovationin the criminal justice systems. The two studies show signs ofchange, electronic monitoring of offenders and transportation ofconvicted persons would not have been possible without theadvancement in technology (Newburn,2002).Second,the two discussionshad been introduced by private contractors with an aim to harnessmarket forces to supply new forms of controlling the society. Thethird strengthof his research was that both discussions would see an improvement inthe severityof the criminal justice system thus reforming the security in Englandand USA.
Thefirst weakness of this article is that the two theories ordiscussions conducted by Feeleyseemed not to connect since they occurred different centuries apart(King,2006).Lastly, Feeley stated that these two constitute significantinnovations, but they have been neglected in the development of themodern Anglo-American criminal justice system. This means thatdespite these discoveries, the American government had not entirelyimplemented these innovations.
Thesediscussions by Feeleywere accurate, as they would have reduced the crime rate if effected.For instance, they would have reduced drug possession by performingdrug testing through devices that could monitor remotely. Anotherexample would be a reduction in school truancy by attachingelectronic tethers to students who caused problems in their schools.The third example that showed the accuracy of his argument was wherethe criminal justice system would be able to monitor gangs byattaching electronic monitors to members of a gang (Feeley, 2014).The law enforcement officers would be able to track those gangmembers and identify the major hot spots where they gather. Fourth,Feeley`s argument was correct concerning restraining orders. Here,through advancement in technology, electronic monitoring wouldenforce restraining orders of all sorts. This is because the lawenforcement agencies would be able to track those who broke theinjunction order. Lastly, the arguments were based on alcohol anddrug monitoring. Using electronic monitoring devices, the lawenforcement agencies would be able to attach them to the body of anoffender and thus monitor drug and alcohol intake.
Despitethis, the arguments had some inaccuracies. Electronic monitoring ofconvicted persons was a mere hypothetical case, but theAnglo-American government did not implement it in the criminaljustice system. The main reason was that they were resistant to thechanging advice given by the private contractors (Strach,& Sullivan, 2015).The final inaccuracy of this argument was that it does not make sensewhy the prisoners would be transported to North America and yet theycould still serve their jail term in England or Ireland.
Inconclusion, the criminalprocess would have been a significant development in the USA if thelaw enforcement agencies fully implemented the private contractors’recommendations. Besides, it would have reduced the crime rate in theUSA.
King,P. (2006). Crimeand law in England, 1750–1840: remaking justice from the margins.Cambridge University Press. Retrieved on 11 December 2016.
Newborn,T. (2002). Atlantic crossings ‘policy transfer ‘and crime controlin the USA and Britain. Punishment& Society, 4(2),165-194. Retrieved on 11 December 2016.
Strach,P., & Sullivan, K. (2015). Dirty Politics: Public Employees,Private Contractors, and the Development of Nineteenth-Century TrashCollection in Pittsburgh and New Orleans. SocialScience History, 39(03),387-407. Retrieved on 11 December 2016.
Feeley,M. (2014). Entrepreneurs of Punishment: How Private Contractors Madeand Are Remaking the Modern Criminal Justice System – An Account ofConvict Transportation and Electronic Monitoring. Criminology,CriminalJustice, Law & Society, Volume 17, Issue 3, Pages 1–30 (2016).University of California, Berkeley. Retrievedon 11thDecember 2016 fromhttps://ccjls.scholasticahq.com/article/1171-how-private-contractors-made-and-are-remaking-the-modern-criminal-justice-system-an-account-of-convict-transportation-and-electronic-monitoring/