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The American judicial system
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Alexis de Tocqueville’s Influence Alexis de Tocqueville’s observation of the American prison system brought out several interesting facts about America and how it governs itself. He talks of the danger of greed for money, the importance of forming associations, and the power of influence in town government. Although many of his observations have since changed, many of them bring about legitimate points about American government and society. In de Tocqueville’s book Democracy in America, he is quoted as saying, “…I know of no other country where love of money has such a grip on men’s hearts or where stronger scorn is expressed for the theory of permanent equality of property.” In my opinion, he is pointing out that man’s greed for money is what will possibly tear our society apart. This point has somewhat proven itself in the way that so many men, and now women, are willing to do almost anything to gain a dollar, even if it means using immoral and hurtful ways to do so. In talking about the importance of forming associations in America, de Tocqueville says, “Americans of all ages, all stations of life, and all types of disposition are forever forming associations...In democratic countries knowledge of how to combine is the mother of all other forms of knowledge; on its progress depends that of all the others.” My belief is that he is saying that although f...
Tocqueville was a Frenchman who was interested in America and its democratic design. He spoke of his observations about America in his book, Democracy in America. Tocqueville’s attitudes towards Americans seem to be very appreciative. He saw democracy as a perfect balance between freedom and equality. Yet, while he is appreciative, he is also quite critical of some of the effects of democracy in America. Tocqueville believed that there were some faults with democracy and states them in his book.
Tocqueville (rather bizarrely in retrospect) conceived of America as having “an almost complete equality of conditions”. While in respect to the French alone, Tocqueville argues, “the taste and the idea of freedom began to exist and to be developed only at the time when social conditions were tending to equality and as a consequence of that very equality.” Tocqueville draws the first stirrings of equality to the “political power of the clergy,” which upon being consolidated began to spread and upon its ranks to “all classes, to rich and poor, commoner, and noble.” Thus “through the Church, equality penetrates into the government, and he who as a serf must have vegetated in perpetual bondage could, as a priest, take his place in the midst of nobles, and would often sit above kings.” Tocqueville continues to trace the ascent of equality and descent of aristocracy to the financial demise of kings “ruining themselves by their great enterprises; the nobles exhausting their resources by private wars, [while] the lower orders enriching themselves by commerce”. And with the advent and spread of education, the “value attached to high birth declines just as fast as new avenues to power are
In summation, is can be identified in this paper that eye witnesses do not play a constructive role within the criminal justice system. This can be seen through a thorough discussion of the many issues portrayed through this paper. To conclude Schmechel et al. (2006) reiterates that statements this paper has presented and discussed;
Democracy in America has been a guiding principle since the foundation of the country. Many over the years have commented on the structure and formation of democracy but more importantly the implementation and daily function within the democratic parameters that have been set. Alexis de Tocqueville was a French political thinker and historian born July 29, 1805. He is most famously known for his work Democracy in America. Democracy in America has been an evolving social and economic reform, and has continually changed since it’s founding.
de Tocqueville, Alexis. Democracy in America. Translated by Henry Reeve. New Jersey: The Lawbook Exchange, 2003.
Jacoby uses many claims about how crime in the United States has grown and the how faulty America’s justice system currently is. One claim said that citizens pay around “$30,000 per inmate each year” (Jacoby 197). This grasps the reader’s attention by connecting their life to the problem; it is their money, a lot of their money, being used to imprison these criminals. The rates have increased on inmates since the 1980s by over 250% (Jacoby 197). Jacoby declares that the prison system is terrible; he uses accurate and persuading evidence.
If the presiding judge prefers, he/she can grant standing permission allowing cameras in the courtroom unless he/she specifically orders otherwise. This is the practice followed in the Supreme Court of Missouri.
The article “Don’t Blame the Eater” by David Zinczenko, is an article aimed to bring attention to the ever increasing obesity rates in the United States, which he believes has been caused be the ever increasing amount of fast food restaurants in the United States.
In this excerpt from Democracy in America Alexis Tocqueville expresses his sentiments about the United States democratic government. Tocqueville believes the government's nature exists in the absolute supremacy of the majority, meaning that those citizens of the United States who are of legal age control legislation passed by the government. However, the power of the majority can exceed its limits. Tocqueville believed that the United States was a land of equality, liberty, and political wisdom. He considered it be a land where the government only served as the voice of the its citizens. He compares the government of the US to that of European systems. To him, European governments were still constricted by aristocratic privilege, the people had no hand in the formation of their government, let alone, there every day lives. He held up the American system as a successful model of what aristocratic European systems would inevitably become, systems of democracy and social equality. Although he held the American democratic system in high regards, he did have his concerns about the systems shortcomings. Tocqueville feared that the virtues he honored, such as creativity, freedom, civic participation, and taste, would be endangered by "the tyranny of the majority." In the United States the majority rules, but whose their to rule the majority. Tocqueville believed that the majority, with its unlimited power, would unavoidably turn into a tyranny. He felt that the moral beliefs of the majority would interfere with the quality of the elected legislators. The idea was that in a great number of men there was more intelligence, than in one individual, thus lacking quality in legislation. Another disadvantage of the majority was that the interests of the majority always were preferred to that of the minority. Therefore, giving the minority no chance to voice concerns.
Through the past 50 years the television camera has become a part of human nature. Each channel is there to represent a different aspect of society. It has given society the ability to witness traumatic world events, infamous police investigations and debates in the House of Commons from the comfort of their own home. The question remains unanswered, why is the public not able to observe a courtroom trial on television? Some claim that the media would distort the whole process having a negative impact on jury, however, if certain protocols are followed there would be no conflicts concerning cameras in the courtroom. The media should be able to film trials in the courtroom as it would create a better society.
De Tocqueville’s argument was between equality versus individualism. He describes individualism as “a calm and considered feeling which disposes each citizen to isolate himself from the mass of his fellows and withdraw into the circle of family and friends” (De Tocqueville, 506). His perspective was that individualism empowers people to become competent but also strengthens and reassures society to work with the others in the community to magnify the possibilities for humans. As stated by Professor Veugelers “De Tocqueville happened to see that the inequality between the rich and the poor became more restricted, and thought that at some point the gap will close.”
An American resolution: The history of prisons in the United States from 1777 to 1877 by Matthew Meskell. Stanford Law Review.
The article, “Trial Lawyers Cater to Jurors’ Demands for Visual Evidence,” written by Sylvia Hsieh stresses the importance of visual evidence. Hsieh writes
Is Judy still keeping audiences entertained by giving the court system a new attitude? Will court systems ever get back its dignity? Not as long as the cameras still role. Cameras in the courtroom have been very beneficial in certain cases, but it has caused a lot of harm. The human race has taken the solemnness of these meetings, and has changed it to a form of entertainment only clowns would be involved with. The public is so involved with this newfound form of fun, that they don't realize the actual damage that it is causing in the judicial system as well as human life. I feel that even though cameras are a very innovative way to educate people about unknown situations, they need not be in courtrooms involved with high profile cases.
McMurty, John. "Caging the Poor: The Case Against the Prison System." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars' Press, 2000. 167-186.