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Racial disparity in sentencing
Impact of drug abuse on communities
Effects of illegal drugs on communities
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The five most critical social issues facing our society today are The War on Drugs, Mass Incarceration, Due Process Inequality, Lack of Punishment towards individuals of higher social, economic classes, and inequality in criminal law when comparing crack and powder cocaine sentencing. As a result of all these societal problems today millions of our fellow Americans have had their livelihoods ruined, and these issues have been a result of bad public policy and has led to unintended racial outcomes. (1) The War on Drugs. Starting in the 1960’s with President Nixon the US Federal Government began an all-out institutional assault to combat the societal outcry surrounding drug usage and started increasing the penalties for drug usage, possession, and distribution. These federal laws outlawed marijuana and many other drugs and …show more content…
“The Process is the Punishment” by Malcolm Feely describes the expensive process individuals have to encounter during the lower court trials on their way to court rulings. Some of the costs during the pre-trial process are spending time in jail. If one is rich, they can afford to miss work and wait for their court hearing, but if the induvial is of a lower socio-economic class, he or she might not be able to afford to miss work and can lose their job. Other costs are setting bail, and attorney fees. Public appointed attorneys are often incompetent or lack the resources of a private attorney. One advantage private attorneys have over public attorneys is the ability to meet with their defendant ahead of the trial to prepare accordingly. Public lawyers often handle many cases, and they are unable to focus and give attention to each one fairly. Many defendants often time do not know it is their right to be appointed a public attorney during their holding and enter the trial without public defendants. Due process is a constitutional right to every American but seems to only apply to those with wealth according to
A plea bargain is compliance between a prosecutor and defendant in which the accused offender agrees to plead guilty in return for some compromise from the prosecutor. The New Jim Crow, explains how most Americans have no clue on how common it is for people to be prosecuted without proper legal representation and are sentenced to jail when innocent out of fear. Tens of thousands of poor people go to jail every year without ever talking to a lawyer that could possibly help them. Over four decades ago, the American Supreme Court ruled that low-income people who are accused of serious crimes are entitled to council, but thousands of people are processed through America’s courts annually with a low resource lawyer, or no lawyer at all. Sometimes
People are represented in court by two kinds of lawyers, court-appointed lawyers and public defenders, which mean "hired lawyers" (Green, 2001). People that have higher income can hire their own lawyers. The lower and middle-income people are mainly the ones who rely on court appointed lawyers. These people don't have the money to hire a lawyer. Court appointed lawyers are not working in your best interest for many reasons.
Mass Incarceration: The New Jim Crow is the direct consequence of the War on Drugs. That aims to reduce, prevent and eradicate drug use in America through punitive means. The effect of the war on drug policies returned de jure discrimination, denied African Americans justice and undermined the rule of law by altering the criminal justice system in ways that deprive African Americans civil rights and citizenship. In the “New Jim Crow” Alexandra argues that the effects of the drug war policies are not unattended consequences but coordinated by designed to deny African Americans opportunity to gain wealth, be excluded from gaining employment and exercise civil rights through mass incarceration and felony conviction. The war on drugs not only changes the structure of the criminal justice system, it also changes the ways that police officers, prosecutors and judges do their jobs.
It is more difficult for governments to provide adequate salaries to public defense lawyers and the result is that these lawyers are often more inexperienced (Fairfax, 2013). Since the amount of defendants who are unable to afford private counsel has increased, public defense lawyers are also overworked. It is not uncommon for public defense lawyers to juggle hundreds of cases simultaneously (Fairfax, 2013). In other words, the system is unable to handle the volume and has therefore resorted to avoiding the trial process whenever
The War on Drugs is believed to help with many problems in today’s society such as realizing the rise of crime rates and the uprooting of violent offenders and drug kingpin. Michelle Alexander explains that the War on Drugs is a new way to control society much like how Jim Crow did after the Civil War. There are many misconceptions about the War on Drugs; commonly people believe that it’s helping society with getting rid of those who are dangerous to the general public. The War on Drugs is similar to Jim Crow by hiding the real intention behind Mass Incarceration of people of color. The War on Drugs is used to take away rights of those who get incarcerated. When they plead guilty, they will lose their right to vote and have to check application
not solved with ending slavery. Police brutality, the prison industrial complex, and the portrayal of people
When it comes to the topic of war on drugs,most of us will readily agree that the war on drugs is not about the drugs But about the people. Many Politicians and law enforcement will argue that the war on drugs is about our nation's wealth and safety.however they don't see the destruction the war on drugs has caused; The war on drugs has recreated this new system of discrimination among the minority community, individuals and communities are being profiled,their rights as citizen are being seized ,individuals being stripped away from their families. They’re being locked up with no hope to live the American dream in their our country.
However, before the specific outcomes of Congressional influence and policy impact can be evaluated it becomes important to first review the general history and current situation of drugs today. Our present drug laws were first enacted at the beginning of the century. At the time, recreational use of narcotics was not a major social issue. The first regulatory legislation was for the purpose of standardizing the manufacturing and purity of pharmaceutical products. Shortly after, the first criminal laws were enacted which addressed opium products and cocaine. Although some states had prohibited the recreational use of marijuana, there was no federal criminal legislation until 1937. By contrast, the use of alcohol and its legality was a major social issue in United States in the early 20th century. This temperance movement culminated in the prohibition of alcohol from 1920 to 1933. Recreational drug use, particularly heroin, became more prevalent among the urban poor during the early ?60s. Because of the high cost of heroin and its uncertain purity, its use was associated with crime and frequent overdoses.
One social problem that has caught my attention is racial inequality. Racial inequality refers to the racial advantages and disadvantages among different races. These might be shown in the appropriation of riches, influence, and life openings stood with individuals in view of their race or ethnicity, both noteworthy and cutting edge. These can be viewed therefore as noteworthy abuse, imbalance of legacy, or general partiality, particularly against minority bunches. Race inequality is not a new issue, just an issue that has been swept under the rug.
Historically, the right to counsel was only guaranteed in federal criminal court (Wice, 2005). A person charged with a crime in the state court did not have the right to legal representation. Law scholar Professor Mason Beaney explained this by saying, “only a few states guaranteed the right to appointed counsel…In most jurisdictions counsel was appointed in none but the most serious cases, often only when the crime was punishable by death” (Wice, 2005, p. 3). Many defendants, who were poor, illiterate, and uneducated had to face the justice system without legal assistance (Smith, 2004, p. 579). Los Angeles County started one of the first public defender programs in 1914, spreading slowly to other counties (Neubauer & Fradella, 2011, p. 176). By the 1960’s, less than a dozen states still refused to provide attorneys to defendants unable to afford one (Smith, 2004).
When societies finally become comfortable with reality, they begin to abandon the murderous laws that impede their growth. Currently, the social stigma and legislated morality regarding the use of illicit drugs yield perhaps the most destructive effects on American society. Drug laws have led to a removal of non-violent citizens from society- either directly by incarceration or indirectly by death - that is genocidal in quantity and essence.
I agree with the sociological perspective presented and identified by the group for the social artifact, which was the conflict perspective. The conflict perspective views this problem as a definition to a person’s social status because of how the person is viewed and treated by law enforcement. It explains that an act is not naturally a criminal act, it is society that defines it that way. Michelle Alexander talks about her new book called “The New Jim Crow: Mass Incarceration in the Age of Colorblindness”. A very evident social problem that the social artifact faces is the war on drugs currently in our society because it is exclusively fought about in poor communities. This has branded African Americans and has
Before the Drug Enforcement Administration was enacted, issues that dealt with drugs were handled by different federal agencies rather than one agency as it is set up presently. “Federal drug law enforcement began in 1915 with the Bureau of Internal Revenue” (“Drug Enforcement Administration” 4). Illegal drug use has always been an issue and continues to increase and remain to be a prevailing problem across the nation. The 1960’s marked the predominant era for the increase of drug use. This was a time where the hippie-marijuana movement manifested, organized crime mobs were overt and famous psychologist and writer Timothy Leary was advocating for psychedelic drugs. During his Presidency, Richard Nixon felt it necessary to instill a more effective approach in dealing with the increasing drug problem in order to protect America from violence and to “restore law and order” as he would say was his goal and slogan for his campaign in the 1968 Presidential election. Prior to the creation of the Drug Enforcement Administration (DEA), drug control was being regulated under the Bureau of Narcotics and Da...
The court in turn gives them attorneys who lacks the experience for a death penalty trial. They are underpaid and overworked. In many cases, the attorneys slept through parts of the trial and came to trial with drug and/or alcohol in their system.
The problem I want to explore is how the War on Drugs has become a social problem. This is a social problem because it has created an overpopulated prison system disproportionately filled with people of color and the poor.