The most significant, and maybe even the most obvious needs for reform in the American criminal justice system can be seen in a comparison to that of Europe. With their stark contrasts in their approaches to punishment, the courtroom, and incarceration processes, the two systems produce completely different results in their released prisoners and crime rates. Although so many people in America continue to believe that harsher is better, the European systems are slowly proving that wrong with a more open-minded perspective on incarceration.

Populism — the reflection of public will in legislature and public policy — is continually applied to the criminal justice system in America, causing serious negative effects. Following a wave of crime, legislature reacts according to the public’s heightened hostility with harsher policies and actions to please the people and put them at ease. While they may feel at ease with the seemingly stricter policies being established, incarceration rates do not reflect their feeling with any dramatic changes amidst harsher legislature.

The best way to describe it in my opinion, is through what I see in high school when our classrooms get a visit from the department heads. For clarification, once or twice a year the head of each subject in the school will visit each class during instruction to evaluate the teacher.

It’s almost adorable in a way — students choosing to behave better when they know their teacher is being graded, as they have been so many times before. However, when looking at it from farther out, the whole process is so performative and manipulates the entire purpose of the evaluation.

Instead of acting as usual, the teacher will be a little more strict or give a little more work that day so that the department head leaves with confidence that the students are being dealt with properly. It’s a pretty natural human response which makes it understandable, but it mirrors the populistic legislature produced after a crime wave so strongly, showing the problems with this approach. The action being taken is not being taken to help those who need it, but to make those in power appear better to those watching them.

This is greatly attributed to something that I only recently was able to connect to all of this; the U.S. has elected officials and judges, while Europe has them appointed. Although this may seem like a seemingly minor aspect of a much larger system with much more pressing issues, this quality of our criminal justice system contributes to such a desire for public favor.

While European decisions can be made without much outside influence or need for support from the public, officials in America are worried about their re-election. They tend to be even tougher on crime prior to elections, bringing populism back into play, as they help themselves by hurting criminals and pleasing the public.

Is it really these officials’ fault? No, I don’t think so. The entire system has put U.S. officials into this position, so they don’t have much of an option. Despite all that, it is still so wrong to determine someone’s life in order to guarantee another power and a livelihood. The European criminal justice system approaches populism in a way that allows for less bias and less worry over what the outcome of fair punishment will be.

Such an approach uncovers and highlights the problems in America, as countless prisoners are subject to unfair sentencing by officials; they are used as pawns in a bigger scheme while their individual identity and life is disregarded to further someone else’s.