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Problems in our justice system
Weaknesses in the justice system
Weaknesses in the justice system
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The criminal justice system, like any system designed by human beings, clearly has its flaws. (Ben Whishaw). There has been numerous occasions that have showed the flaws of our justice ststem from convicting a person of a crime in ehich they did not commit, to the wrongfull execution of an innoncent person. Although the United States justice system was created to serve and protect the American people being fair to all, it continues to show evidence of the flaws within the system.
The United States Department of Jusctice has a statement that describes the mission To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans(DOJ). The mission of the department of justice is suppose to proctent and serve in a fair way, but in some cases this can be worked around to to fit the needs of any person whether or not justice is served.
Wealth is a huge problem when it comes to the justice system. People of a lower economic staus than those of the wealthy, do not have the resouces availiable to them in order to excersize their right of the full potential. Most times the wealthy can afford expensive representation that may have avenues that are not open to all. When wealth is aquired a form of power comes along with it and this may cause issues with the sense of equality.
Stanley Fish was brilliant to point out the different out looks on "fairness". People choose indivually what id fair, but this does not mean that the stndards of the comm...
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...s. The "referee" needs to become more strict. This could create problems and overpopulate the jails, but I feel that if we as a country crack down on our system lfor everyone, the crime rate would decrease and maybe even cease after a few decades of work,
Works Cited
REFRENCES
Baker, H. (2012). Reflections on Social Justice, Government, and Society. Journal Of Markets And Morality, 15(1), 143-159.
Huggins, D., & Coghlan, C. L. (2004). Social Stratification and Life Chances: An Interactive Learning Strategy for Criminal Justice Classes [article]. Journal Of Criminal Justice Education, (2), 413.
Lott Jr., J. R. (1987). Should the Wealthy Be Able to 'Buy Justice'?. Journal Of Political Economy, 95(6), 1307
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The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
Ensuring equality among the people promotes fairness and reduces conflict and jealousy. By treating everyone equally we maintain our respect and are able to work together better. The rule we create treats everyone the same and does not provide any special treatment to any specific person. As long as everyone does what is required of them they will obtain what is rightfully due to them.
This essay will explore whether there is equality in the criminal justice system. It aims to look at statistics, legislation and studies from the past 30-40 years to get a thorough analysis of the processes and experiences different races in particular black and ethnic minority youths have been through within the criminal justice 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.
Ward, G., Farrell, A., & Rousseau, D. (2009). Does racial balance in workforce representation yield equal justice? Race relations of sentencing in federal court organizations. Law & Society Review, 43(4), 757-806. doi:10.1111/j.1540-5893.2009.00388.x
Maybe if I saw more reports on how prison has improved our society and the criminals who live among us, I would see why we should work on reforming our prisons. Until then, it does not seem to be working. We trust in the government to provide for our safety, but we must take responsibility among ourselves. To understand that the current system does work and that its intent is not to provide a safe society. History has shown us that. What we have done or continue to do will not make this a safer place to live. The problem is not to reform our prison system, for this won't stop criminals to commit crimes, but to find ways and means to deteriorate them from doing the crime.
Rawls, J. (1999). A Theory of Justice (Rev. ed.). Cambridge, Mass: Belknap Press of Harvard University Press.
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.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The ideal society we would all be considered equal, but reality often defies this idealism. When we think of police officers, we think of people working hard to keep us all safe, but this may not always be the case in today 's society. This is demonstrated in an opinion piece published in the Miami Herald, entitled “Need a ‘big, bad dude’? White criminals need not apply” by Leonard Pitts Jr. The article opens by discussing the shooting of African-American man Terence Crutcher, where the police officer who shot him stated it was due to him not obeying her orders and reaching inside his SUV for a weapon. However, the video of the shooting shows that this did not happen. The article also goes on to discuss other African-Americans shot in recent
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.
Crime and criminalization are dependent on social inequality Social inequality there are four major forms of inequality, class gender race and age, all of which influence crime. In looking at social classes and relationship to crime, studies have shown that citizens of the lower class are more likely to commit crimes of property and violence than upper-class citizens: who generally commit political and economic crimes. In 2007 the National Crime Victimization Survey showed that families with an income of $15000 or less had a greater chance of being victimized; recalling that lower classes commit a majority of those crimes. We can conclude that crime generally happens within classes.
In Griffin v. Illinois, the late Justice Hugo L. Black wrote: "There can be no equal justice when the kind of trial a man gets depends on how much money he has in his pocket." If two suspects, one wealthy, one poor, are charged with a capital crime, the standard of justice changes. The rich defendant will post bail, preserve attorneys of choice, hire investigators and hire experts who will give psychiatric testimony for the defense. (Dispoldo, Nick.) The National Coalition to Abolish the Death Penalty (NCAB) wrote in its fact sheet “Death Penalty Overview: Ten Reasons Why Capital Punishment is Flawed Public Policy” published on its website (accessed Aug. 19, 2008): ): “Perhaps the most important factor in determining whether a defendant will receive the death penalty is the quality of the representation he or she is provided. Almost all defendants in capital cases cannot afford their own attorneys. In many cases, the appointed attorneys are overworked, underpaid, or lacking the trial experience required for death penalty cases. There have even been instances in which lawyers appointed to a death case were so inexperienced that they were completely unprepared for the sentencing phase of the trial. Other appointed attorneys have slept through parts of the trial, or arrived at the court under the influence of alcohol.”(procon.org.) The death penalty shows discrimination. The more money people have in their
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.