Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Fairness in the criminal justice system
Short note on fair trial
Short note on fair trial
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Fairness in the criminal justice system
Fair trial for “Unlawful Combatants”
We are used to living in a black or white world where a situation is wrong or right, either or, that our understandings are filled with shallow assimilations. The one place we can hope to witness less of this plain resolution is in the courthouse. There is a law that terminates an alleged terrorist from being rushed to a sentence, rather obligates that they go through trial even if they plead guilty; this is just how far the law goes not only to protect us but the principles that makes us. “Justice” such a honey dipped sweet word that brings ease to the ear, yet incertitude to the mind. What is justice? Where do you get justice? How do you get justice? Is justice as divine as we think? Are the sea of questions that will only get deeper the more we divein. One thing our criminal justice court has understood is that, in the pursuit of justice an objective atmosphere is indispensable, “Judges and juries are responsible for determining whether an alleged offender is guilty beyond a reasonable doubt” (Riley 2017). Although we can never be free of our servitude to our own thoughts, acknowledging the wrong in being so without comprehensible facts is a step towards. The law is made for those moments where our emotions not only overpower, but
…show more content…
. . you’ve got the risk of terrorists . . . killing thousands or tens of thousands of people, you’re not terribly interested in whether or not the person is potentially a subject for law enforcement”(Kanstroom 2003). What most fail to understand is that the right of habeas corpus Is not to protect the offender per se, but to assure the maximization of the yield of justice our verdict can yield. In fact, going through the due process can further unravel facts and evidence, opening doors for other investigations that could addresses the root problem. Which otherwise would have never come to our concern, if we had rushed to verdict and sentence, or prosecuted, the alleged
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
In “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman he offers a detailed explanation of many different ways to define justice and allows the reader to fully comprehend the meaning of it. Before he even began explaining justice he gave his own experience with crime as way to convey to the reader how his rights had been violated and he had been filled with anger at the criminals instead of the justice that failed him. This first hand encounter with crime allowed Reiman to prove to readers that justice is what is what protects us and it is the criminals who are the problem. To see that even a man who had thought and written about nothing but crime for thirty-five years could still become
There is a fine line between justice and
people in these 21st century society wonder, “When is Justice to be done?” For district attorneys,
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
Viewing a judge's sentence creates a divide in society. Will the accused be offered a fair trial? Could t...
The judicial system is established to ensure that justice is served but in Browder’s case that never happened. In the three years that Browder was in jail, he waited for one trial after another and “stood before eight different judges,” people in power whose job is to convict the the guilty and protect the innocent (12). It took years to acquire a trial and with this wasted time, Browder
Dating back to 1923, Judge Learned Hand said that the American judicial system “has always been haunted by the ghost of the innocent man convicted” (Jones, 2010). Wrongful convictions weren’t really the center of attention until a professor from Yale University published a book called Convicting the Innocent in 1932. This book shined light on 65 cases, pointed out legal reasons and presented ideas to bring upon reform.
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 to judge 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. Was justice really served in the “State of Florida vs. George Zimmerman” case? Is our justice system fair to all races?
Before anyone can make judgments upon the rights of the detainees, it must first be decided upon what these men can and cannot be considered. The men held at Guantánamo...
There are certain moments in American life that have certain dignity" (38). The judicial system is a very complex system and deserves the respect and dignity that is required. It needs to be taken seriously. The public has no right to make it into a game. This is a serious process of bringing criminals to justice.
Why is justice important, then? Because although the legal system is not always right, it needs that lofty ideal of justice as something to strive for, something to hope gets accomplished, the hope for every victim of a crime of any nature. The seeking of justice is a tiring and long quest akin to the seeking of truth, for they are closely linked and without one there may not be the other. Without the understanding of what really happened in an event or place and time, justice is not being sought out and can’t be dealt with by those that need it. We all have felt wronged, at one time or another, in one form or another, and I feel that is why we all have a common interest in seeking justice.
There is no such thing as justice - in or out of court. Clarence Darrow i