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The role and function of the judge
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I do believe that the courts can be biased. Humans have this unfortunate habit of relying on stereotypes as they go throughout their daily routines. Most of the time these stereotypes are not very correct but people often fall into the trap of relying on racist stereotypes. This problem is everywhere and judges and courtrooms are no exception. I think nobody ever accepts the fact that they have biased views but their actions or behaviors can effectively reveal unconscious racism, sexism, ageism, etc. For example, judges and other court professionals who work hard to eliminate explicit bias in their own decisions and behaviors, may assume that they do not allow any racial prejudice to their judgments. Also most, if not all, judges believe that they are fair and objective and base their decisions only on the facts. …show more content…
I think the court was biased in this case and one of the examples that impressed me and brought me to this opinion was the note by one of the lawyers that was later seen by Mr. Foster. In the note he numbered each black juror (B#1, B#2, B#3, and so
In a Georgia Court, Timothy Foster was convicted of capital murder and penalized to death. During his trial, the State Court use peremptory challenges to strike all four black prospective jurors qualified to serve on the Jury. However, Foster argued that the use of these strikes was racially motivated, in violation of Batson v. Kentucky, 476 U. S.79. That led his claim to be rejected by the trial court, and the Georgia Supreme Court affirmed. The state courts rejected relief, and the Foster’s Batson claim had been adjudicated on direct appeal. Finally, his Batson claim had been failed by the court because it failed to show “any change in the facts sufficient to overcome”.
Therefore the colour of Tom Robinson’s skin was the defining factor in the jury’s decision. Since the jury declared Tom Robinson guilty, that reveals his fate of going to jail and eventually being killed which is obviously an injustice based on the discrimination against him.
As a group, we believe that popular culture does in fact perpetuates stereotypes. Television is a main source of information of popular culture. Television has forever changed how humans have interacted with another and introduce a world of diversity and knowledge. But with this profit, television has also harbored negative aspects. As a group, we studied how racial stereotypes are portrayed in television. In the history of television, different racial and ethnic groups have been widely underrepresented and television itself has been overwhelming represented by white figures. And when racial groups are presented on TV, the characters are often played in limited roles based on stereotypes. A stereotype isn’t necessarily untrue, but it is an assumption based on an incomplete and complex ideas that are oversimplified into something that isn’t what it meant to be, and it’s usually negative. For example, African Americans are often depicted as violent or involved in some kind of criminal activity. Their characters often portrays a person who is always sassy and angry or that isn’t intelligent and won’t succeed in life and inferior to whites in some manner. Asian characters are
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
The main purpose of this article is to look at the possible link between race and exoneration, and how race and wrongful convictions lead to the exonerations. There were three reasons that the authors chose this topic to research. The first reason was the research previously done in the field show racial biased in the criminal justice system. This paper looks at how that effects wrongful conviction and the subsequent exoneration. The second reason is because if there is an innocent person in prison that means that the real culprit is still out there, and more than likely committing more crimes. The third reason is racial composition of the dyad, victim and the perpetrator. This article is the first to mention the dyad and the authors focus on that in their discussion of wrongful conviction. This article is a very insightful look at the problem of the racial bias in the system that leads to wrongful conviction and how that leads to exoneration. It effectively explains the causes of wrongful convictions and how race affects those causes, especially how the dyad is incorporated in it.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
racial minorities were tried in white courtrooms by white juries. Class and race are challenging
Racial tension has been part of America ever since the civil war. Today we have a different issue with race which is called racial profiling. Over the years the relationship between the police and community of color has gone bitter do to racial profiling. America’s society today tends to be tainted by racial profiling and stereotypes. These issues can cause great effects on our society. Racial profiling or stereotyping could diminish how a certain race is viewed. Racial discrimination can be a result from having racial profiling and stereotypes in our present culture. Today racial discrimination is used to approach citizens assumed to be criminals. This is called racial profiling. Although some argue that racial profiling is a necessary tool for law enforcement to protect our safety, it puts some people at a disadvantage while it privileges others. Overall racial profiling is bad for the economy, unconstitutional, and sets borderlines for different races.
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system.
Racism within the Justice System. Living in the twenty first century, Americans would like to believe that they are living in the land of the free, where anyone and everyone can live an ordinary life without worrying that they will be arrested on the spot for doing absolutely nothing. The sad truth, with the evidence to prove it, is that this American Dream is not all that it appears to be. It has been corrupted and continues to be, everyday, by the racism that is in the criminal justice system of America. Racism has perpetuated the corruption of the criminal justice system from the initial stop, the sentencing in court, all the way to the life of an inmate in the prison.
Discrimination happens every day, whether inadvertently or not. This mindset has been practiced for thousands upon thousands of years. We live in a society that is quick to judge other individuals based on their cultural background, race, age, even their financial status. Discrimination has been an ongoing issue throughout the world since the beginning of time. Women, throughout history, have experienced discrimination first hand for a long time. The women’s cultural background, race, financial status mattered, but not as much as the fact that she was a woman first. For example, women were thought of as fragile individuals with bodies that were not built to a man’s standard. For thousands
There is a serious problem in our justice system. Is not a secret that people are judge by the color of their skin and ethnicity. Unfortunately, race plays an important role in the criminal justice system. Around the world race affects how an individual is perceived and affects how a person is going to be treated. Regrettably, American justice system is not an exception of this wrongdoing. Minorities (blacks and Latinos) are often prosecuted differently than white offenders; verdicts are harsher with longer-term sentences. According to article The Economist, “Justice is harsher in America than in any other rich country. Between 2.3m and 2.4 m Americans are behind bars, roughly one in every 100 adults.” (Economist.com) The majority of inmates are minorities. “The incarceration rates disproportionately impact men of color: 1 in every 15 African American men and 1 in every 36 Hispanic men are incarcerated in comparison to 1 in every 106 white men.”(aclu.org) So, why is the majority of American prison population is minority’s ?