Missing persons cases raise fundamental questions about justice, human rights, and moral obligations. Missing persons cases are not merely statistical figures or legal dilemmas; they represent profound human tragedies that test the integrity of justice systems and societal norms.The equitable handling of these cases, ensuring unbiased attention regardless of circumstances, is a topic of continuous discourse and scrutiny. The primary concern of this discussion is whether or not cases involving missing persons are treated equitably. In these situations, equitable treatment includes not only the allocation of resources but also the upholding of moral and legal requirements as well as respect for moral standards. The primary argument supporting …show more content…
The concept of " treatment" denotes treating all individuals equally and without bias regardless of their background, gender, race or any other distinguishing factor. This principle underpins every aspect of law enforcement, from investigation to prosecution and sentencing. Fair treatment of law enforcement enhances the credibility and responsibility of the criminal justice system. When people perceive that they are being treated fairly by authorities, they are more likely to cooperate and abide by the laws. Conversely, biased or unjust practices erode trust in law enforcement and lead certain communities to feel marginalized, resentful and alienated. This undermines the effectiveness of law enforcement efforts as it can hinder collaborative investigative efforts that are essential for achieving justice. Given that missing persons cases involve individuals with far reaching impacts on their families and communities, it is imperative for law enforcement agencies to handle these cases with fairness. Investigating persons with empathy, compassion and a commitment to upholding justice in each instance is vital for building trust, with affected communities. When it comes to dealing with cases of missing individuals, it's important to conduct unbiased investigations regardless of the background or demographics of the missing person or their family. Equitable treatment in situations also involves providing …show more content…
Prioritization based on factors like the likelihood of play or the urgency of the situation might be required because of resource and personnel constraints. This prompts us to consider the challenges associated with ensuring fairness for all. In reality, distributing resources in a manner that guarantees treatment in missing persons cases poses significant hurdles. Law enforcement agencies frequently face the challenge of managing resources such as finances, personnel, and time. When the number of missing individuals exceeds resources, difficult decisions about priorities must be made. A 2021 article by Mark Greenhalgh and Dr. Karen Shalev Greene highlights the complexities involved in allocating resources for missing persons cases. The authors argue that cases should be prioritized based on factors such as age of the missing person, likelihood of play or presence of high risk characteristics to enhance investigation effectiveness and improve chances of a successful resolution. They acknowledge, however, that this approach could inadvertently result in varying treatment, across
Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these same processes and principles. This is exemplified through the Andrew Mallard case (M v The Queen 2005 HCA 68), and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles such as; the rights of the accused and victims, are instrumental in achieving justice as shown through the application of these principles within these cases. These processes and principles can fail due to prejudged conclusions, police corruption, human error and cultural barriers
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.
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
The prospect of a racially discriminatory process violates the ideals of equal treatment under the law under which the system is premised (Kansal, 2005). Law enforcement, as the frontline of the criminal justice system, has a great deal to do with who ends up being incarcerated. Law enforcement personnel are the initiating beings who start the path to incarceration for individuals they come in contact with. Their decision in terms of making a stop, making a report, making an arrest and so on determines if and how that individual will enter the criminal justice system. One discriminating practice used by police officers is racial profiling.
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.
Many things contribute to the corruption of our justice system. Within the past five years, through police brutality the United States has shown how tainted it really is. In Just Mercy, Bryan Stevenson argues that because of family history, misunderstanding youth, and background, our justice system is defined by error. His many points and examples give exceptional proof to his findings. While the government has made some changes over the years for the justice system subjects such as the incarceration of minors and police and laws within the system still need adjusting.
The overall basis for a democratic society is freedom. We stress that freedom allows us to be individualistic. Herbert L. Packer, a law professor, charted out two ideas in our criminal justice system. The idea or crime control and due process are ideally two separate entities, but have been found in our criminal justice system to overlap (Barkan, 2012). Due to the fact that these two ideas overlap, causes tension within our democratic society. These ideas cause there to be a double edge sword. As stated in our textbook, “the more crime control we want, the less due process we have; the more due process we have, the less crime control we can expect.” (Barkan, 2012). Ideally, we would like to live in a society where everyone is treated equally regardless of race, gender, social class, etc. However, police have the difficult task of making sure arrests are made unbiased.
The criminal justice system is full of inequality and disparities among race, gender, and class. From policing neighborhoods, and the ongoing war on drugs, to sentencing, there are underlying biases and discriminatory practices in the criminal justice system that impacts minority communities and groups. Fueled by stereotypes and generalizations, it is important to identify and discuss what crimes take place and who actually makes it up.
All three types are prevalent throughout the criminal justice system and prevent justice for all. I recommend that in order to decrease disparity in all forms, we examine each case one by one and assign a sentence that fits each specifically. We need to make a clear set of guidelines across state lines, so everyone is on the same platform and treated equally. For gender disparity, we need to tackle the societal view of females in order to show that justice and the law sees no difference in man and women. For racial disparity, we need to train all law enforcement to acknowledge that there is no one race that is more guilty than the other. For age disparity, we need to examine each case on a case by case basis in order to better serve justice to each situation; then the court can decide if it should be tried in adult court or not. Overall, disparity is a major issue that is holding our criminal justice system back from its full potential; we can do better than
Is race and ethnicity a contemporary issue in today’s modern criminal justice system, or is it an issue of the past. Race and ethnicity plays a huge role in our justice system, to say that is doesn’t would be false. We can look back through history and we can see many example of how much of a role it has played. There are many studies that prove that race and ethnicity is still a current issue in our contemporary criminal justice system. There are many debates about whether it does or does not still impact our justice system as well. We cannot deny that race and ethnicity impacts the operations of our justice system, not justice in our system, but in other systems around the world. In particular, race and ethnicity still impacts our system
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. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
From an equal justice perspective, “all people should be treated equally before the law and equality may best be achieved through individual discretion in the justice process” (Siegel and Worrall, 2013, page 20). Through this perspective, all criminals who commit the same crime would be equally subjected to the same form of punishment. Thus extralegal factors, which include the person’s gender, age, race or previous criminal activity, would not be considered by the judge, when they sentence the severity of the punishment. This limits the injustice within the system and any unfair treatment an offender a may receive while in the system. It also sets clear and rigid guidelines for judges to uphold during sentencing.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
Modern Greek folklore has transmuted the concept of Charon into a whole new personification. Death is no longer the withered ferryman, but rather the driver of the "death coach”. In many parts of Greece, it is believed that, as time passed on and men became less connected to their gods (i.e., more concerned with material gains rather than spiritual pursuits) Death had to venture into the land of the living to retrieve souls. Hence, the personification of the death-coach, a black plumed, funerary coach pulled by huge black horses and driven by a faceless driver with burning eyes, who is in effect, Death Himself. Still today, in the age of motorized transport, if one were to hear the prance of hooves coming down the road, all ears are tuned in