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The American justice system and how it is unfair
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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. …show more content…
Prosecutors are arguably the most influential figures in the American criminal justice system. They decide which charges to bring, what plea bargains to offer, and what sentences to request. According to attorney advocates, prosecutors across the country are abusing their legal power and getting away with it. The most common forms of prosecutorial misconduct are hiding exculpatory evidence and engaging in improper examination and argumentation. Another form of intentional misconduct is the use of false testimony to win convictions. In 2009, Goodman, a well-known attorney in Chicago represented Brian Wilbourn in a federal narcotics case. Prosecutors knowingly allowed an informant to testify that Wilbourn sold crack cocaine out of a penthouse apartment over a three-year period when he was in fact nowhere near the scene at any time. Stephen Saloom, a former attorney, acknowledges that prosecutors are abusing their power, he quotes "As best we can determine, most prosecutors ' offices don 't even have clear internal systems for preventing and reviewing misconduct, but perhaps even more alarming is that bar oversight entities tend not to act in the wake of even serious acts of misconduct. We do not accept this lack of accountability and oversight for any other government entity where life and liberty are at stake, and there 's no reason we should do so for prosecutors" …show more content…
An attorney is like any other profession, such as a doctor, mechanic, accountant, or engineer, there are good ones, and there are bad ones. With lawyers, it is extra tough for the average person to tell the difference. Also, in a civil courthouse you do not get to pick your lawyer, you take what they give you. One attorney states that "50 percent of all people engaged in litigation will end up hating, at least, two lawyers," (Case). There are the lawyers who graduated from law school, passed the Bar Exam, and are licensed to practice law in the state, but seem to have no idea how to defend a client in a criminal case at trial due to lack of experience. Some lawyers lose sight of maintaining post-conviction alternative routes for their customers. Another source agrees quotes "The reality is that prosecutorial misconduct is at least as serious a problem at the local level, where prosecutors are less well-trained" (Lindorff). Finding an experienced lawyer who is all for the client is not as easy as it seems, but they do
Most of these defendants couldn’t afford private attorneys and depended upon public defenders. For instance, Joe Moore had two prior convictions and was facing a maximum of a 90 year sentence for selling three grams of cocaine. However, Moore begged his public defender to call Eliga Kelly to stand in his defense. Moore claimed that Kelly witnessed him shoe Coleman off of his property. For whatever reasons, his public defender never bothered to call Kelly to the stand or even question him privately. After all, Eliga Kelly was considered a star witness for the prosecution, but, as a result of that negligence, Moore was sentenced to 90 years. Unlike most criminal informants, Eliga Kelly refused to lie under oath and in a subsequent trial for a different defendant, the prosecutor called Kelly to the stand. Kelly contradicted Coleman’s testimony by naming several defendants, including Joe Moore, who refused to sell drugs to
When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases.
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
With matted hair and a battered body, the creature looked at the heartless man outside the cage. Through the dark shadows you could only see a pair of eyes, but those eyes said it all. The stream of tears being fought off, the glazed look of sheer suffering and despair screamed from the center of her soul, but no one cared. In this day in age I am ashamed to think that this is someone's reality, that this is an accurate description of a human being inside a Canadian women's prison . Exposing the truth behind these walls reveals a chauvinistic, corrupt process that serves no greater purpose. The most detrimental aspect of all is society's refusal to admit the seriousness of the situation and take responsibility for what has happened.
Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73.
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
Is our justice system fair to all? Although the answer to this question is an opinion, there are pieces of evidence and commentary to defend this argument. The process of the legal system itself is all an opinion because in the end, the only person whose judgments matter is the judge himself. Over time, the wrong people have been arrested for the wrong things. Living in the United States, a country where crimes are committed constantly; we count on this system to make the right decisions. 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 from judging 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.
Across the world, there are a great deal of people that are likely to become victims of offenses against themselves or their property. The criminal justice system is used to govern crimes and impose penalties on individuals that may violate laws. The criminal justice system is made up of different agencies that include: law enforcement, the courts, and corrections. Within this paper, I will discuss the roles of the prosecutor, the defense attorney, the criminal, and the victim and how victimization affects each role. Also, I will inform you about the goals of sentencing associated with each role. The goals of alternative sanctions will be discussed. I will also let u know what recommendations I have regarding victims’ rights.
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 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.
America has the highest incarceration rate in the world, at 100 prisoners for every 100,000 citizens. Our judicial system is supposed to interpret the laws and constitution, providing fair punishment for criminals, but it often falls short. Judges are forced to uphold unjust policies, and some allow their personal bias to influence sentencing. This results in overcrowded and underfunded prisons with an extreme racial disparity.
Crime is a very serious issue in today’s society that is talked about through many different methods, media, television programs, etc.. Clarence Darrow’s speech, “Address to the Prisoners in the Cook County Jail” displays a very strong feeling on whether or not “criminals” in jail our really at fault for their crimes or if it’s the fault of those people on the “outside”, those not in jail. Once being a lawyer himself and defending criminals like Nathan Leopold and Richard Loeb, both notorious murders, Darrow has a strong insight on hard core criminals and the legal system. He utilizes his experience and knowledge along with the appeals of pathos, logos and ethos, to gain the respect and opinions of his audience. Darrow’s main purpose in this speech is to state his feelings of disregard for the justice system.
I could cite several examples where I thought a judge’s or jury’s ruling was not fair, but I won’t because frankly, we’ve all seen those. I actually believe in our legal system, and I believe in justice. I believe in justice as an ideal that we strive for, and that is what it means to me. The legal system, when looked at closer, is not justice but instead judgment. You can be punished when found guilty, in a number of ways, but who knows if they’re “fair” punishments, it’s all a matter of opinion.
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.