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Importance of the constitution
Commentary on the U.S. Declaration of Independence
Importance of the constitution
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"When I discover who I am, I’ll be free.” ~ Ralph Ellison, Invisible Man Who are you? Have you asked yourself this question lately? Do you look at your reflection and question who you are? Who you are becoming? What do you see? The person you always dreamed you would be or the person you never wanted to become? These few short words have the power to cause paralysis, because they warrant answering. So, who am I? Should I describe the person I see when I look in the mirror or the person I am working to become? The person I am changes with each new experience, with every person who enters or exits my life, and with how I handle the challenges placed before me. So, the person I am, that is something I will spend the rest of my life discovering. …show more content…
Let me tell you what I know - I live in a nation where the laws of Double Jeopardy do not apply to me.
For some this term instantly brought up found or possibly unfound memories of the movie Double Jeopardy starring Tommy Lee Jones and for others the legal definition. See, the Fifth Amendment of the U.S Constitution under the Double Jeopardy Clause states, …”nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…" This provision prohibits state and federal governments from prosecuting individuals twice for the same offense after a legitimate acquittal or conviction. The underlying idea is that the government with all its power cannot make repeated attempts to convict an individual, thus subjecting that individual to embarrassment and a life of anguish and insecurity. Does this clause reflect more than law and order, perhaps the society we live in today? (Or?) Does this clause reflect the society we live in today? It seems people rarely speak about the societal toll of Double Jeopardy. Where young black men are shot and killed by the person sworn in to protect them, where women make up 15 percent of active-duty forces, but 47 percent of sexual assault victims. Here in the nation I love you can and will be prosecuted repeatedly for just being a minority, and perhaps subjected to embarrassment and a life of anguish and insecurity. All too often, our surroundings influence whom we become. This is not my soapbox…this is my life. I'm inviting you to join me on my journey as I explore the secret life of Double
Jeopardy.
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...
The 5th & 6th amendments of the United States Constitution and Article 19 of the Iraqi Constitution outline the right of the people to be presumed innocent until proven guilty, prohibit double
As Elie Wiesel once stated, “I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented” (“Elie Wiesel Quote”). Michelle Alexander’s book The New Jim Crow, which discusses criminal justice and its role in mass incarceration, promotes a similar idea regarding silence when America’s racial caste system needs to be ended; however, Alexander promotes times when silence would actually be better for “the tormented.” The role of silence and lack of silence in the criminal justice system both contribute to wrongly accused individuals and growing populations behind bars.
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
or public danger. No one can be put on trial again for the same crime.
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.
To effectively make a claim for a new trial based on a violation of the Fifth Amendment Right to Due Process, the movant must satisfy the Brady standard: 1) the suppressed evidence is favorable to the accused; 2) the government either willfully or inadvertently suppressed the evidence; and 3) the suppressed evidence was material to the guilt or innocence of the defendant. Brady v. Maryland, 373 U.S. 83 (1963). The discretion of the Court to grant a new
In terms of my personal identity, I would say that based on my experiences throughout my life, I considered myself to be hard working, especially when it comes to pursuing my goals; honest; generous, I like taking
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
When a defendant has been convicted of killing a white person, the odds that the defendant will be executed by the state are much higher. Eighty-five percent of those who have been executed since 1976 were convicted for killing a white person, while only 13% were executed for killing a black person. When will people realize that just because a person is of another race that they are more dangerous than another race? For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever.
Leading a double life always seems exciting, from what is portrayed on television, getting in unimaginable situations, hiding your identity, and all the funny gimmicks. The closest one can get to that in reality is by a long shot, well the closest I have to that is a long shot. I don't need a costume change to be a different person, like how the main character instantly turns into someone else just by putting on a wig. These two different persons are both me, they’re not two separate personalities because it’s a combination of both.
In the end, no matter what may be said about me, I know that I am some what of an abstract project. I continue to grow everyday and discover new factors that define me. I know what I stand for. I love myself, and the people around me. They don't create me, or make me who I am, but they do help be define myself