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Effectiveness of the criminal trial process
Historical developments of prison in the us essay
Effectiveness of the criminal trial process
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All of the following court cases were utilized by criminals to put society itself on trial. Darrow’s closing argument focused on the plight of wealthy teenagers, the reading materials introduced in the educational system, the historical progress made regarding the death penalty, and the impact that Leopold and Loeb’s murders would have on society (especially boys like them). Manson’s testimony focused on the jail system, President Nixon’s role in the Vietnam war and society’s outsiders. Bukharin’s last plea primarily focused on how the trial will look to future generations and future societies. The first trial happened in 1920s during the time of prohibition. In 1924, Nathan Leopold and Richard Loeb killed a 14-year-old kid while trying to …show more content…
commit “the perfect crime”. They were both wealthy teenagers (age 18 and age 19) from the suburbs of Chicago. They spent months determining how they wanted to carry out their plan to kill someone. On May 21st, 1924, they convinced Bobby Frank to enter their car and then they killed him with a chisel and put their body in a channel. Additionally, they sent a ransom note asking for 10,000 dollars. Leopold’s and Loeb’s parents hired on expensive criminal attorney by the name of Clarence Darrow. The most notable part of the trial was Darrow’s closing argument that was over half a day long. With his argument, he intended to save his clients from the death penalty, he knew that his clients would be found guilty. He gave his speech on August 22, 1924 and it centered around questioning how society would be to blame if these boys were sentenced to death. He alleviated some of the blame from the boys by saying that they killed Bobby Frank because of how they were made that way and that something went wrong during the process of making a boy/man. His argument also focuses on the history behind death penalty in Europe as well as America and all the progress that has been made since the beginning of time. He states that poaching and petty larceny used to be punishable by death and witches used to be murdered by the millions. Eventually, this stopped happening in America because juries made the decision to stop convicting these kinds of crimes. Darrow says that if the rest of the world sees the United States decide to murder these two teenagers it will reflect negatively on America’s society. And, eventually, the trial will be in every house and read by every family. He questions whether this type of exposure will help or hurt society especially those like Leopold and Loeb. Darrow states that “I am not pleading so much for these boys as I am for the infinite number of others to follow, those who perhaps cannot be well defended as these have been, those who may go down in the storm, and the tempest, without aid.” (Closing Argument, 11) By wording it in this way, he is putting society on trial and making them responsible for anything that happens because of the verdict. Additionally, Darrow blamed the educational system for Leopold being exposed to Nietzsche so early in life. Because of Beyond Good and Evil written by Nietzsche, Leopold believed in the concept of the superman which lead him to his opinion that murder was an acceptable act for a superman to commit if the deed gave him pleasure. Ultimately, Darrow was also critical of Leopold’s and Loeb’s upbringing noting that “Wealth has its misfortunes. Too much, too great opportunity and advantage given to a child has its misfortunes.” (Closing Argument, 14) In the end, Leopold and Loeb were charged with murder and kidnapping and each of them received a life sentence plus 99 years. The second trial happened in the early 1970s.
On August 9th and 10th, 1969, two murders were committed in Los Angeles. On August 9th, the first murder was committed by four people and the victims were Sharon Tate, Tate’s unborn baby, four of her friends and the son of Tate’s gardener. Her blood was used to write the word “pig” on the front door. On August 10th, Leno LaBianca and his wife were also murdered and a fork was used to carve the word “war” into LaBianca’s belly. Manson wasn’t involved in the first murder but he was present at the second murder. After five months, the authorities connected the Manson “family” to these two murders. The first motif behind the murder was Manson’s failed murder career. He chose the first murder house because the previous owner of the house was a producer that passed on Manson’s album/music. The second motif was Helter Skelter, a race war that Manson believed was hinted at in a Beatles’ song. He thought that eventually African-Americans would gain control over White Americans but the African-Americans would be unable to lead so that’s when the Manson Family would step in and lead the new America. They intended for these murders to look as though the victims were killed by black nationalists which is why they painted the word pig on the front door and why they carved the word war into LaBianca’s corpse. They wanted to show that society would automatically assume that it was a case caused by racial tensions. On November 11th, 1970, Charles Manson gave his testimony for the Tate-LaBianca Murder Trial. It was completely centered around the idea that society made him and his family into a murderers. He states that he never went to school so he’s unable to read and write well. Within his speech, Manson said that “My father is the jailhouse. My father is your system…. I am only what you made me. I am only a reflection of you.” (Manson, 1) In jail, he continued to stay unintelligent so he claims that the world grew up without him and
he can’t look at situations the same way others do. Then, he began to talk about the people in his family, he stated: “Most of the people at the ranch that you call the Family were just people that you did not want, people that were alongside the road, picking up his children, but he wasn’t. He was in the White House, sending them off to war….” (Manson, 1). He claimed that society taught them he only helped them to stand up for themselves. At this point, Manson began to make his argument political in nature. He claims that while Manson was helping people on the streets, President Nixon was just sending people off to war. In the end, Manson was charged with murder and conspiracy and received the death penalty. But, his verdict was reduced to life imprisonment when the death penalty was abolished in California. The third trial happened in the Soviet Union during the 1930s. This trial was part of the Moscow Trials which were show trials held by Joseph Stalin between the years of 1936 and 1938. The defendants were mostly leaders of the Old Bolshevik party. They were accused of plotting to murder Stalin and other USSR leaders, breaking down the Union, and turn the USSR into a capitalistic society. Joseph Stalin was the dictator of the Soviet Union from the mid-1920s to 1953. He manipulated his way into power by eliminating his political enemies. He began by removing people who opposed him but by the late 1930s he began to kill those who disagreed with him. The Trial of the Twenty-One involved members of the “Bloc of Rightists and Trotskyites” and was led by Nikolai Bukharin and other defendants. Nikolai Bukharin confessed to treason and other crimes, he confessed to crimes in order to support the party. And, he was willing to die as long as it ultimately benefitted the party. His confession was interesting because although he plead guilty to broad charges he denied all of the specifics. Additionally, he wrote multiple letters to Stalin claiming that he was innocent and declared his love for Stalin. In his confession, Bukharin stated that “This trial, which is the concluding one of a series of trials, has exposed all the crimes and the treasonable activities, it has exposed the historical significance and the roots of our struggle against the Party and Soviet government.” (Bukharin, 1). Bukharin wanted the prosecution (and society) to consider how this trial will be looked at by future generations. Finally, he ends his speech with the following cautionary message: “May this trial be the severe lesson, and may the great might of the U.S.S.R. become clear to all” (Bukharin, 10). In conclusion, Nikolai Bukharin along with other leaders were charged with conspiracy and were eventually executed. Unlike the defendants in the other two trials, Bukharin specifically clarified that he was using his speech to criticize the society’s actions not the society’s mission. He was completely loyal to the Soviet Union but he also wanted this to be the last of the show trials. All three of the trials discussed the defendant’s place in society and how it impacted the crimes they were accused of.
Ever since human civilization came into existence, people have been putting rules in place to determine who is behaving according to social norms and moral values and who is not. Because the majority of Western societies have historically been democratic, it makes sense that the public have a say in the enforcement of said rules. It is for this reason that the trial became a popular means of deciding upon punishment for those perceived to have broken the law, while also allowing them an opportunity to testify against their charges. Socrates underwent this process in 399 BC on charges of impiety and corruption of the youth of Athens , as did Louis Riel in 1885 on charges of treason for leading a Métis rebellion . Although they lived during vastly
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
In Truman Capote’s famous non-fiction novel, In Cold Blood, there is evidence that supports the injustices of the trial: death penalty. The final outcome of the trail was never to be any different than death. “Of all the people in all the world, the Clutters were the least likely to be murdered” (Capote 85). We know the two men who killed the Clutter family, Perry Smith and Bill Hickock, preplanned the crime with malice and forethought. Although the actions were crul and grusome, does Death Row fit what they did if their pasts, childhood environments and situation, are bad. Capote shows the effect of childhood on the killers and if the death penalty is fair. Capote gives the killers a voice to show their humanity by giving childhood accounts of their lives. He questions the justice of is the death penalty fair, and if inherent evil is a product of childhood or society. Is it nature or nurture? Capote gives a look into the minds of the killers and the nature vs. nurture theory. The detailed account the killers’ childhoods makes the reader sympathize with the Clutter family’s killers Smith and Hickock. Should they reserve the death penalty? Did Truman Capote take a stand on the death penalty? By giving the readers a detailed accounting of Perry Smith’s and Dick Hickock’s childhood, Capote sets up the reader for nurture vs. nature debate on the death penalty. The question then becomes, do the effects (if any) caused by environment in childhood make for a trained killer or a natural born one?
Robinson trial; (2) prejustice and its effects on the processes of the law and society; (3)
Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.
The breakthrough came when a young woman confessed to the crime. Susan Atkins was arrested for car theft and admitted to being a part of the group also known as “The Family”. She explained their theory that the murders were to be the first step in a global race war, which the group called HelterSkelter. It would cause the end of the world, with the Manson family emerging as leaders to the survivors. Atkins implicated several others, including, Linda Kasabian, Patricia Krenwinkel, and Tex Watson. They were all white, middle class youths living like hippies in a desert near LA. They came from average American homes, and had no prior history of violence, which made the police conclude that someone else had to be in charge. Atkins told them about their leader, who they followed with unwavering devotion, and that he was the only one who knew the truth, Charles Manson who has now come to represent true evil in most people eyes.
The verdict of the trial forces Jem to think about how justice in the society of Maycomb is linked to social inequalities. When the children leave the courthouse after the trial, Scout reflects on Jem’s reaction to the outcome of the trial. Scout narrates, “It was Jem's turn to cry. His face was streaked with angry tears as we made our way through the cheerful crowd. 'It ain't right,' he muttered, all the way to the corner of the square where we found Atticus waiting” (212). The author specifically uses the words “streaked with tears” to show how devastated Jem is about the verdict of the trial. He doesn’t understand why Tom is convicted even though he is innocent which shows that Jem is exposed for the first time to the injustice of the society
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
One of the longest most expensive trials in American history was a very disturbing one and it's called the McMartin Preeschool trial. The Preschool was located in Manhattan Beach, California. This trial was based on accusations of over 360 acts of sexual assault, satanic acts, and killing animals. More than half of the faculty sodomized the young children that attended McMartin. Ray Buckey was one of the first ones convicted and later on more and more of the faculty were discovered in taking part in this. In the McMartin Preschool trial justice was not served because most of the workers at the preschool got convicted of their crime, but not all of them.
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
In closing, the criminal trial process has been able to reflect the morals and ethics of society to a great extent, despite the few limitations, which hinder its effectiveness. The moral and ethical standards have been effectively been reflected to a great extent in the areas of the adversary system, the system of appeals, legal aid and the jury
Centuries : Notorious Crimes, Criminals, and Criminal Trials in American History: H-R, 2016. EBSCOhost, proxygsu-afpl.galileo.usg.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsgvr&AN=edsgcl.6482900301&site=eds-live&scope=site.
On September 24, 1924 Clarence Darrow delivered a speech before Judge John Coverly. In this speech Darrow implies that the two boys, Nathan Leopold,19 and Richard Loeb,18 shouldn’t get the death penalty for murder of Bobby Franks. Although Darrow cleverly argues his point that the boys were taught that human life was cheap and even argues against inhuman methods and punishments of the American justice system. Though the boys are guilty of the crime that they committed, Darrow believes that their lives can still be saved, he weakens his argument by using insufficient and irrelevant examples. Examples such as the Civil War, what relevance does this support have and how does it relate to the trial of Leopold and Loeb? Both are way too young to experience war since they’re both still boys. What this results in is unclear reasoning and makes it difficult to understand his position on the subject of Leopold and Loeb’s punishment for the murder of Bobby Franks. It's already been established that in the speech it’s heavily implied by Darrow that the two boys shouldn’t die because,of being taught that human life was cheap, but the two even
The judge and committee presiding over the case had to be careful, as “In its eagerness to send Leopold and Loeb to the hangman, the press was not the least interested in uncovering the conditions that had led two extremely promising scholars to commit murder. To do so would have pointed to some rather unpleasant truths about American society. In addition, a show of mercy toward Leopold and Loeb risked the danger of encouraging demands by less privileged defendants for similar consideration. (WSWS)” Because of this, the court had two choices, oust the American elite as less than perfect, or risk the lower and middle classes pushing for similar rights, comparable to those of the wealthy elite. Both of these choices were not ideal choices, but in the case of the courts, they took the lesser of two evils, and chose to take a less harsh stance on the two teenagers. Instead of the death penalty, they were sentenced to life, and 99 years, with possibility of
trial has been turned into an entertainment special. There are certain moments in American life that have certain dignity" (38). The judicial system is a very complex system and deserves the respect and dignity that is required. It needs to be taken seriously. The public has no right to make it into a game. This is a serious process of bringing criminals to justice.