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The American judicial system
The history of the american justice system
The American judicial system
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The Justice System “Poor people lose. Poor people lose all the time.” The words of a broken man taken from his loved ones and the life he had made for himself. The ongoing suspense of the Steve Avery and Brendan Dassey case have been a topic of conversation for a long period. Many questions how the investigation throughout the case were carried out. This creates an overall question is the American justice system crooked. Although many disagree with Avery and Dassey’s verdicts many agree and that the right decision the court / justice made. Yet, we have an investigation, where two disposed police could investigate and carry out test on pivotal pieces of evidence against a man in which the reason they were disposed. These officers were not …show more content…
accounted for in certain situations which makes it hard to accept the verdict. The initial idea introduced at the beginning of this case was that these deposed officers had nothing to do with the ongoing investigation which came to be totally incorrect there for making certain evidence questionable but not enough for the jury. These two cases are made up of false confessions and unfair judgement which play out but not enough for anyone to notice at the time. These cases and may other cases that don’t receive as much recognition bring to light the systematic lies and betrayal in and throughout cases from the upper echelon of court systems that make up the justice system of America. The case of Steve Avery weighed heavenly on the words of his learning- disabled nephew.
The justice system in America has a faint history of false confessions and forced confessions. In this case, they used a learning-disabled teen who had no initial idea to what was happening to him. In the initial scenes in episode four (21:05-22:30) shows how the detectives coerce Brendan Dassey which leads to a false confession. Fassender and Wiegert question Dassey (who by the way is without his lawyer) for 3 ½ hours. Fassender and Wiegert threaten Dassey with his mom even saying “You think your mom would be ok with that” referring to him as lying to him. They eventually throw out topics in which Dassey responds and gives them what they wanted to hear. The justice system is constantly uses this system of threatening which in return hurt the witness /alibi and the people around them. In Brenden Dassey’s situation, he admits to telling lies to because he didn’t know what was happening to him. In the initial scenes (36:58-38:26) in a phone call he admits to not knowing anything about the death of Teressa Halbach. Brendan Dassey says that he “guessed” because the kept egging at him for something he didn’t know. “Guessing” a sixteen-year-old life ended just guessing because he had coincidentally seen his uncle on a night that was highly …show more content…
questionable. Evidence is a key in cases such as cases as the murder of Terresa Halbach, however as in this case and other cases evidence has often been misused. Steve Avery was a common name was a common name in his hometown Manitowoc, county and when he was let go for misuse of evidence in 2004, It only took one thing to prosecute this man who they wanted to totally obliterate. When Teressa car was found on the Avery property a call made between a Manitowoc county sheriff and the call center which the sheriff says “Avery’s in custody correct”. The fact that Avery was never given an opportunity to defend himself nor did they have any right to just take him away because there was not any notion of an arrest warrant. The Documenter in the initial scenes in the 5th episode (30:52 -32:13) analyses the Key of Teressa Halbach that which was found in Avery’s bedroom 3 weeks after the start of the investigation nearly the end. This key only had the DNA of Steve Avery, however this key was used every day by Terresa Halbach, why was Steve's DNA the only one found? This key was found by Shieff Lenk the same sheriff who were diposed a few weeks before the investigation took off, yet he found. The key found close relates to the letter found in Adnan’s room in the podcast Serial where officers found a letter in which “Adnan” supposedly wrote “I’m going to kill” just because he wrote in pen. In these situations, this evidence inadvertently happened to end up in a place where they wanted them too. In many murder cases as presented in Making a Murderer when a person is murdered they usually look at the close people around a victim to get leads. In the initial scenes (38:49-39:20) Jerry Butting Stevens lawyer questions Fassender a detective in trail about how a detective were supposed to come about a suspect. Fassender admits that the right thing to do is to look to the people closest to the victim because they are more than likely the murderer. In the scenes episode five (42: 56 – 46:10) Fassender words are countermanded by the ex-boyfriend of Terresa and shows the crookedness if this investigation. The ex-boyfriend states not only that he and the roommate of Teresa that never reported her missing after three days and interviewed in the same room, however they were never looked to as suspects and were given checkpoints and formed into a search party onto the property that was supposedly of limits to the “general population”. Not only this but a camera that was given to Pam Struan was the only Camera given to anyone t during the search and this camera was given by the roommate of Terresa who was never looked at or even questioned. This camera was questioned by the lawyers of Steven Avery because it seemed to have a pattern, how can a person give only one person a camera and they find the vehicle of a victim within 15 minutes in 400 Acre land without any “checkpoints”. This shows the underlying problem in this investigation in multiple events where the investigators ignore clear leads because they are so caught in the media and coincidental evidence. The problems in the American justice system are constantly put under the radar until someone life recked away and even ended because the lack of recognition of gaps. These problems are fixable but are often overlooked but mostly solved by non-profits which have nothing to do with certain cases with gaps in evidence and even leads in general. For example, the Innocence project helped Steve in his first case and brought to light the mistakes of the upper echelon. In the case against Adnan, Serial brought to light the gaps and the inconsistencies of cell documents and false confessions of witnesses and alibi’s. Not every case of injustice in the justice system will be overturned however podcast and series such as Serial and Making a Murderer help call out the problems and make the justice system more cautious of the problems throughout the system. In a 2014 article written by Jessica Henry of the Huffington post states two important solutions to this continuous problem. The first being “Pay Attention to — and Speak Out — About Injustice Whenever You See It”, and the second “Hold Prosecutors and Police Responsible for Deliberate Misconduct”. These stood out because if these methods were applied throughout cases it could cut the amount problems that highlighted after someone has served so many years or even executed. The amount of evidence used against Brendan Dassey and Steven Avery in their cases, show multiple gaps but if the court system let alone the "judge" doesn’t call these issues to par the justice system will countinue to get away with this injustice behavior. In conclusion, a lot of problems throughout the justice system in America arise from the set-up justice system.
As we see in this recent election a lot of the problems we have in this country leads back to past issues. In any situation, there will be problems but now it’s time to fix these problems because the justice system will not get any better if it doesn’t stop. States build jails based off test scores of third grade students living in minority and poor areas which most inadvertently thing ever. The clerk’s office who has direct contact with evidence of cases admits that it was easy access to get evidence and it wouldn’t surprise them. If a state office can speak publicly about something this risky, this blatantly suggest that people in this upper echelon have always committed and carried on this behavior for a long time. Steven Avery and Brendan Dassey’s cases were just largely known, however this issue has been carried out for year under the radar, yet this case has brought this issues to light. The only way to clear this problem is to investigate the American system, will it ever
happen? Works Cited http://www.huffingtonpost.com/jessica-s-henry/top-10-ways-to-fix-the-cr_b_6362274.html
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
The Casey Anthony trial has been arguably the most controversial case since the trial of O.J. Simpson and has been speculated over ever since the verdict had been given in July of 2011. It was decided by a jury of her peers that Anthony was not guilty of murder, for the death of her daughter Caylee. Many believe that Anthony should have been found guilty however, very little Americans actually comprehend the justice system.
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.
Curtis McGhee is 17-year-old Black male who lived in Iowa. In 1977, he was charged for the murder of John Schweer who worked as a security guard at a car dealership. Later on in 1978, he was sentenced to life in prison for a murder that he never committed. Later on in 2011, McGhee was exonerated based on the police file and court’s transcript that was found, and which indicated that McGhee was a innocent man behind bars, and he was serving time for a crime that he never took in part of committing. This case of Curtis McGhee raises a question on our criminal justice system and it leads us to confirm that miscarriages of justice do occur, and there should be various reforms that should be made so these miscarriages can be prevented from occurring in the future.
“Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers. Large-scale investigations of police units in almost every major American city have documented massive evidence of tampering, abuse of the arresting power, and discriminatory enforcement of laws. There also appears to be widespread police perjury in the preparation of reports because police know these reports will be used in plea bargaining. Officers often justify false and embellished reports on the grounds that it metes out a rough justice to defendants who are guilty of wrongdoing but may be exonerated on technicalities.”
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
The evidence discovered during the investigation suggested to the police that OJ Simpson may have had something to do with this murder and they obtained an arrest warrant. The investigators believed that they “knew” OJ Simpson committed the murders. His lawyers and him were informed of the arrest warrant and agreed to a specified time when OJ would turn himself into authorities. Investigators are later admonished, by the defense, on how they handled the crime scene.
Estimates as high as 68% of rapes go unreported and 98% of rapists never set foot inside a jail cell. While other crimes against women and children remain unsatisfactorily unchanged because still 1 in 5 women have been victims of physical violence by their partner. The criminal justice system in America victimizes everyone, homosexuals losing custody battles based on their sexual identity, 50,000 children go missing every year in America and 900,000 children a year being abused in horrific ways. The laundry list of crimes Americans have suffered at the hands of their own criminal justice system because they don’t have the right tools to fight back against those that have the ability to sway
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
There are major problems with our criminal justice system. In the last one hundred years, there have been more than 75 documented cases of wrongful conviction of criminal homicide. According to a 1987 Stanford University survey, at least 23 Americans have been wrongly executed in the 20th century. For this very reason, the State of Illinois imposed a moratorium on the state?s death penalty in 2000 when it was discovered that 13 inmates on its Death Row were wrongly convicted. Anthony Porter, one of the 13, spent 15 years on Death Row and was within two days of being executed, before a group of Northwestern journalism students uncovered evidence that was used to prove his innocence.
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
Living in the twenty first century Americans would like to believe that they are living in the land of the free, where anyone and everyone can live an ordinary life without worrying that they will be arrested on the spot for doing absolutely nothing. The sad truth, with the evidence to prove it, is that this American Dream is not all that it appears to be. It has been corrupted and continues to be everyday by the racism that is in the criminal justice system of America. Racism has perpetuated the corruption of the criminal justice system from aspect of the initial stop, the sentencing in court, all the way to the life of an inmate in the prison. There seems to be nothing stopping it as it continues to grow
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Our criminal justice system is biased. We see an almost direct correlation amongst mass incarceration and earlier forms of racial and social authority. Our new generation of youth is raised to believe that they will go to jail at least once in their lifespan. The kids that adopt this kind of ideology are raised in communities that are segregated, ghettoized. The youth in these communities are shuttled from decrepit and underfunded schools and transferred to “brand new high tech prisons.” People in these communities are targeted at young ages, stop, frisked, searched, as well as being subjected to interrogation, despite what actions they are partly taking in. They are then arrested for minor, nonviolent offense. The crimes that occur in the underprivileged communities occur with equal frequency in privileged white communities. However, the offenses occurring in white privileged communities are often ignored whereas their underprivileged counterparts are swept into the system, branded as criminals and felons, and alienated from the remainder of humanity. They are then “ushered into a second class into a second-class status” a status that they will the inability to
Our laws have allowed individuals to slip through the cracks of our justice system. Criminals who have raped and killed have walked on technicalities. The results have left the officers with a sense of failure by the system. Some police officers have taken matters in their own hands.