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Injustice in the justice system
Injustice in the justice system
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The justice system present in the United States is one of fairness, equality, and human rights. In a court of law, all men are created equal and have certain unalienable rights that nothing or no one can take away. What is to happen when these rights are denied, abused, or ignored? It is a frightening outcome when unruly factors destroy the basis of this system. As a victim of injustice once said, “People have prejudices, people have fears, people have hates. These things cloud our ability to reason.” Injustice has a tendency to overshadow reason. How can one feel safe in this country, when no one is totally safe from the sometimes unjust scrutiny of the law? If justice rests on one being innocent until proven guilty, what is to happen when one is to be guilty until proven innocent?
Imagine the most heinous act, a human sacrifice, Satanic cult, or devil worshipers. Now imagine a shadowy forest, several busy freeways, a murky stream, and three lifeless young bodies. One parent describes the act; “Imagine all the evil that you could think of, of how someone could be murdered, and that’s how these three children died.” The fear of such things quickly spread through the town of West Memphis, Arkansas on May 6, 1993. The scene at Robin Hood Hills was a gruesome one on that hot afternoon. The discovery of three bodies, each an eight-year-old boy, sent shock across the community instantly. Stevie Branch, Michael Moore, and Christopher Byers were last seen riding their bicycles into the woods, a popular playground for the cub scouts, around six o’clock on the evening of May 5, 1993. At approximately eight o’clock that evening, the three frightened parents phoned the West Memphis Police Department.
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...tp://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=400&invol=25 (accessed November 25, 2013).
Inciardi, James A. Criminal Justice. Orlando : Academic Press, Inc. , 1984.
Kadish, Sanford H. "Encyclopedia of Crime and Justice." 62-63. New York: The Free Press, 1983.
Leveritt, Mara. Devil's Knot. New York: Atria Books, 2002.
Lorimer, Lawrence T. "Grolier Encyclopedia of Knowledge." In Capital Punishment, 117. Danbury: Connecticut, 1991.
Metallica. Welcome Home (Sanitarium). Comp. James Alan Hetfield, Lars Ulrich Kirk L. Hammett. 1986.
Sacks, Ethan. "Damien Echols of West Memphis Three still fights for justice- and exoneration- with his new movie." New York Daily News, 2012: 1-2.
Paradise Lost 3: Purgatory. Directed by Joe Berlinger and Bruce Sinofsky. 2011.
Paradise Lost: The Child Murders at Robin Hood Hills. Directed by Joe Berlinger and Bruce Sinofsky. 1996.
Karr 's famous epigram plus ça change, plus c 'est la même chose stuck with me throughout reading Stephen Ash 's A Massacre in Memphis: The Race Riot That Shook the Nation One Year After the Civil War. In 1866, during the uneasy aftermath of the Civil War, Memphis was swept by an orgy of racial violence. How did it start? Armed white policemen sparked a confrontation with a group of young black men – many of whom were Union veterans. Sound familiar? By the time the situation was brought under control, the grim tally was: 46 African-Americans and three whites killed, 75 blacks injured, five black women raped, 100 blacks robbed, 96 homes destroyed, as well as four black churches and twelve black schools burned to the ground. Of the African-American
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
...propelled the case further. Rich talks about how Peter Jackson, a famous director money was used in the DNA test that secured evidence that the Memphis Three were not involved in the murders of the little boys. Rich also highlights the name-dropping used by one of the victims in his book. The book itself was another form of gaining publicity. By writing the memoir, Echols was profiting from his understandable horrific experience. This speaks to the commodification and commercialization of experience exemplified in society today through Internet celebrities and reality television shows.
Brody, D., & Acker, J. (2010). Criminal Law (2nd ed.). Burlington, MA: Jones & Bartlett.
This is surprising because the legal system in the United States is “innocent before guilty”. If an innocent man is found guilty then I believe the court should provide their resources to that individual. For example, the United States main form of government is democracy but when the court system makes a fatal error they are not responsible for their own mistakes. Additionally, in the film After Innocence, they focus on questions that ask about human rights and society moral
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.
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
The American people rely on the justice system set up by our founding fathers to uphold certain standards of fairness and equality. Society is brainwashed into believing that the justice system is to flaw and bad people are supposed to go to jail. However, this has not been the case for many years due to corruption in the Supreme Court followed by the Federal Courts and other inferior state courts. The American justice system has taken on a life of its own, following theories of fairness that are no longer connected to the needs of a free society. Instead of a justice system that weeds out the good from the evil, power has been given to the prosecutors, finding a good lawyer is harder than it seems, and rules have become unconstitutional.
In the quiet New York town of Savona, Eric Smith, age thirteen, intercepted four year old Derrick Robie on his way to a park recreation program and offered to show him a shortcut. Hesitatingly, Derrick set off with Eric. He never made it to the park. That same day the little boy's savagely beaten body was discovered outside the park area (Seifert 98).
Muncie, J., and Mclaughin, E. (1996) The Problem of Crime. 2nd ed. London: Sage Publication Ltd.
Discrimination against the minority population is a major problem in the United States society’s justice system. There are many examples where African American and low-income minorities are treated differently and not given the chance to prove their innocence. The law enforcement promises to treat all men or women equal opportunity, but the same system has put 120,000 innocent African Americans in prison. While most of them still remain in prisons, injustice by law enforcements is still a burden to the minorities in America. Moreover, wrongful conviction is a horrible injustice when a person spends years in jail. This is getting recognized by the U.S. system but often late. In many cases by the time a person is proven innocent, he or she might
It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people to judge right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals. Was justice really served in the “State of Florida vs. George Zimmerman” case? Is our justice system fair to all races?
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342