Formal And Informal Justice Systems
In chapter one, the book goes over the differences between formal and informal justice. Formal justice is “a process that takes an offender through a series of decision points beginning with arrest and concluding with reentry into society” (Siegel 10). Informal justice however is when “the traditional model of the criminal justice system” (Siegel 15) is broken. The cases that are handled informally are oftentimes settled based on cooperation. There can be quite a difference between the two systems, so the question of how fair is it to treat some offenders informally remains.There are many examples of both the formal and informal justice system taking place in our world today. The system allows the people in power to have a lot of leeway in deciding on arrest and charges.
They could chose the formal route to maintain neutrality or use the informal route for beneficial purposes. An example that comes to mind is the controversial issue of plea deals. (Siegal)When a plea deal is given, it usually is used as an agreement between the prosecutor and the defendant. The defendant will plead guilty in exchange for leniency or immunity from prosecution of other offenses. When offering a plea deal, the informal justice system is being used. The protectors are using these plea deals in order to draw out information that would not usually be brought forward. This information can sometimes be crucial in taking down much larger people and/or crimes. Cases that make it to trial can oftentimes be dragged on for months, furthering the total expenses of the case. The plea deal is oftentime beneficial for those who are guilty and the government.An example of a case with informal justice is the case of 14 year old Bresha Meadows. Meadows pleaded guilty to the charge of involuntary manslaughter. Meadows had grown up a victim to an “unending cycle of domestic abuse” (Bromwich) by her father Jonathan Meadows. Her father would not only abuse her, but her mother as well. Meadows tried endless times to run away only to be forced to return to the place where she was repeatedly neglected. Meadows had done everything she could as a child to put a stop to it. Meadows contacted police herself but was told that they were “helpless to do anything without a official report from Brandi Meadows” (Bromwich), her mother.
The system had failed her so she did what she needed to do. Meadows shot her father in his sleep to free her mother and herself from his abuse (Bromwich).When Meadows case went on trial, there was a big debate on if they would be charging her as an adult or a child. If she was charged as an adult, she could have been sentenced for life. Due to many supporters and advocates they decided to charge her as a child. She was offered a plea deal that stated that she would be held in juvenile detention for 10 months, go through 6 months of psychiatric treatment, and 2 years of being on parole. This will allow for her record to be sealed in 3 years and completely purged in 5. Meadows will be allowed the chance at a clean record by the time she reaches adulthood (Bromwich).I believe that each and every case is very different, no matter if they are the same charge. Despite the fact that a crime was committed, like in Meadows case, there was a very valid reason behind it and that is what separates her from the others. I feel that it is very fair to treat some offenders informally because offenders are not one in the same.
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