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Robbed of an Education; Robbed of Freedom; Robbed of a future
The 6th amendement of the U.S. Constituion gurantees the acussed the right to a speedy trial. In New York more specifically, the prosecution must be ready for trial on all felonies except murder within six months, or the charges aginst a defendant can be dissmissed. However, an article written in The New Yorker by Jennifer Gonnerman about a young man named Kalief Browder, sheds light on a situation that is should have been handled more differently. Kalief browder spend three years on Rikers Island in what could only be described as horrible conditions, and suffered appalling violence, without ever being convicted of a crime. The failure of our Criminal Justice System not only deprived Kalief Browder the right to a speedy trial, but also robbed such a young man of an education, and most importantly his freedom. - Thesis Statement .
According to the article by Jennifer Gonnerman, Kalief Browder was arrested in the Spring of 2010; he was only sixteen years old. Brwoder was charged with Robbery after an alleged victim; who could not even provide sufficent details of the crime, identifies him as the individual who robbed him. One of the mian
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The most significant one being the end of solitary confinement for sixteen and seventeen year old inmates. The mayor also introduced the "Justice Reboot" program, which will prevent inmates from long period of incarceration without a trial. What is worse is that what happened to Browder happens to thousands of individuals. They are deprived of their Rights. The courts somehow find loopholes in the laws that should have set many of these inmates free. Browder 's torture at the hands of our Justice System was no mere accident. He was robbed of his adolecense. Kalief Brwder did not take his own life; the criminal justice system took it from
In the United States, a citizen has rights granted to them under documents such as the Constitution, including the Bill of Rights, which gives citizens certain freedoms as long as they obey the law. When someone commits a crime, they are then entitled to aspects such as a speedy trial, a fair jury, an attorney if they wish, and other things, under the sixth amendment. Even if the person is found guilty, as a U.S. citizen they have rights under the eighth amendment which include protection against excessive bail or fines, and cruel and unusual punishment. Since the framers enacted the amendment, the exact definition of cruel and unusual punishment has been difficult to pin down, changing with the times and everyone’s interpretations. Pete Earley’s novel, The Hot House: Life Inside Leavenworth Prison, depicts the conditions in the United States’ toughest prison, where some prisoner recounts, as well as Earley’s
In the article titled ”Man Denied Parole in a Flagstaff Hotel” the article follows the case of then teenager Jacob Wideman murdering his bunkmate Eric Kane while he slept in his bed at a summer camp hotel in Flagstaff, Arizona in 1986. Jacob was convicted of murder and sentenced to life in prison with no chance of parole for 25 years, the article was written in 2011the year of his first parole hearing. The issue for the readers to decipher in the article is if they believe Jacob who has served the past 25 years in prison should be granted parole and be released from prison. The article gives up to date insight from the parents of both of boys, Jacob who committed the murder, and Eric the victim all leading up to Jacob’s parole hearing. In this paper I will highlight key points from the article while answering key questions to give a better understanding of the trial for myself and for the readers.
Land of the Unfree: Mass Incarceration and Its Unjust Effects on Those Subjected To It and American Taxpayers
The media takes this news focuses on the protestor’s violence and showcases them as the ones creating a scene. The media then showcases police as the ones that have to deal with the situation by detaining citizens, thus making them look like the good guys. The mayor and chief police also take away from the citizen’s freedom by allocating a 7pm curfew and a 25 block ‘no protest zone’. So if individuals were to not follow the set curfew they can be detained even if they had nothing to do with the protest. Police started attacking citizens even before curfew, which stripped citizens more of their freedom and liberty to protest. Individuals who were leaving their office, and who were not apart of the protest were also taken to prison, even when they followed procedure. This proves that the actions taken were not a part of the due process system where we protect individuals but rather part of the crime control module where we screen out innocent people and get them into the
Mauer, Marc. 1999. The Race to Incarcerate. New York: The New Press National Research Council. 1993.
We live in a society today filled with crime and fear. We are told not to go out after a certain hour, always move in groups, and even at times advised to carry a weapon on ourselves. There is only one thing that gives us piece of mind in this new and frightening world we live in: the American penal system. We are taught when growing up to believe that all of the bad people in the world are locked up, far out of sight and that we are out of reach of their dangerous grasp. Furthermore, the murderers and rapists we watch on television, we believe once are caught are to be forgotten and never worried about again. We wish on them the most horrible fates and to rot in the caged institution they are forced to call their new home. But, where do we draw the line of cruelty to those who are some of the cruelest people in our country? And what happens when one of this most strict and strongest institution our nation has breaks down? What do we do when this piece of mind, the one thing that lets us sleep at night, suddenly disappears? This is exactly what happened during and in the after effects of the Attica prison riot of 1971. The riot created an incredibly immense shift and change not only in the conditions of prisons, but also in the security we feel as American citizens both in our penal system and American government. The Attica prison riot brought about a much-needed prison reform in terms of safety and conditions for inmates, which was necessary regardless of the social backlash it created and is still felt today.
The one good thing that I believe comes from this case is that it educated America on the mistakes being made by a law enforcement entity. The attitudes portrayed by these officers are terrible and, regretfully, most likely common. What it did was wake us up by showing us how biased criminal investigations can be and that bigotry has no place in the criminal justice system.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
The purpose of the criminal justice system is to give justice equally among the population, no matter what the judge says they versus what was actual done, everyone deserves the chance to be heard. I have always known that once you have been involved with the law, somehow you 're still subjected to imprisonment, either behind bars or through the eyes of society. Stevenson takes the steps to prevent these things from being on a continuous cycle through his determination and willpower. In essence, I grew to love this book in the past couple of weeks. Bryan Stevenson’s examples of cases resonated with me, along with learning it mainly validated what I already knew, while reading this biography I respectfully took into consideration the reaction of someone else a different race and, or financial class, similarly creating a better viewpoint of criminal justice system for
The 6th Amendment guarantees a person accused of a crime compulsory process, the right to present witnesses in his defense. The importance of compulsory process is illustrated in the case Washington vs. Texas, where Jackie Washington was tried for murder. A state court ruled that Washington could not have an accomplice in the crime testify in his defense. However, the Supreme Court ruled that the state’s refusal to allow the defendant a capable witness violated the 6th Amendment. Therefore, the Supreme Court overruled the court’s c...
In the criminal court, you are looked upon differently because of the conviction. Everyday life will be hard because you can get rejected from jobs, loans, licensing, traveling out the country, and even housing (Messina). Bail reform to let people who have a charges that is not violent and a treat to the community go into program like a house arrest is more fair than to have them sit in a jail til who knows when the trial is. Staying a jail only will only expenditure more tax people money. As the court system is increasingly taking longer and longer to discharge cases due to shrinking budgets and a rollback on available resources, the possibility of a lengthy pretrial detention only increases, inviting the risk of detainees losing jobs, missing social and familial obligations and incurring social stigma (Reese).
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.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
right to a speedy trial by public and of a jury of their peers (Abadinsky, 2008). All subjects or
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