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Universal declaration of human rights article 3
Equal protection clause essays
Universal declaration of human rights article 3
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Section one: Key Principles of Australian law
Equality before the law or legal equality is the principle under which all people are subject to the same laws of justice. Article 7 of the Universal Declaration of Human Rights (UDHR) states that "All are equal before the law and are entitled without any discrimination to equal protection of the law." Meaning, everyone must be treated equally under the law regardless of race, gender, national origin, color, ethnicity, religion, disability, income level or other characteristics, without privilege, discrimination, or bias. But are we really equal before the law? The Sydney morning Harold released an article in 2012 named “Not all are equal before the law” saying “single parents and people with a disability are twice as likely to have serious legal problems as the rest of the population” but it’s one of
As argued by Jeffrey Reiman in his 2006 book "The Rich Get Richer and The Poor Get Prison: Ideology, Class, and Criminal Justice," the current justice system is significantly biased against poor people. Reiman points out that the crimes more typically committed by poor people are punished with greater harshness and longer prison sentences than those of executive or corporate criminals. White-collar crimes, such as environmental pollution by corporations, or the refusal to make workplaces safe, are more typically punished with a fine than a custodial sentence. Meaning, rich or corporate criminals often get away with breaking the law, whereas a poor individual is much more likely to feel the full force of the criminal justice system for a crime with less overall impact on society. This is mainly because people with a lower income level don’t have enough money to hire a good lawyer who has had lots of experience as for a rich person they can afford it and can ‘chuck money at it till it
Decades ago, everyone was supposedly given the same rights. Now days, there are such issues as gay marriage, flags, immigration, racism. Doesn’t equality mean equal? The world gets offended at everything, but wants to continue to judge people based off of the
The first standard of equality is ontological equality which is the notion that everyone is created equal at birth. Ontological equality often justifies material inequality. In fact, this type of equality is sometimes used to put forth the notion that poverty is a virtue. A second standard of equality is equality of opportunity meaning that “everyone has an equal chance to achieve wealth, social prestige, and power because the rules of the game, so to speak, are the same for everyone”( Conley, 247). Therefore, any existing inequality is fair as long as everyone plays by the rules. The standard of equality is equality of condition, which is the idea that everyone should have an equal starting point. The last form of equality is equality of outcome which states, everyone should end up with the same outcome regardless of
In recent times, it has become very evident that wealth plays a major factor in the judicial system. There have been many cases that display the wealthy being given less of a punishment than the lower classes. In one particular case a teen, Ethan Couch, was driving under the influence after stealing beer from Walmart and he swerved off road, killing four pedestrians. The judge sentenced him to 10 years’ probation; this outraged many people because the usual punishment is a life sentence. Mr. Couch claims he suffers from “Affluenza”, which is a psychological problem that is caused by children being extremely privileged. Ethan Couch should not have received probation because of his family’s status, because he was driving under the influence,
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
Bryan Stevenson provides evidence throughout his book that supports the statement that the poor are also victims of unequal treatment. In the very beginning of the book he writes, “Capital punishment means ‘them without the capital get the punishment.’ We can’t help people on death row without help from people like [Bryan Stevenson] you” (Stevenson 6). This character was referring to a lack of money from people receiving the “punishment” from the court. The poor were being treated unequally and after looking at the those on death row, Bryan Stevenson could attest that they were in fact almost all poor prisoners. It’s unfortunate, but this tends to happen even in today’s society when the poor are unable to pay for proper representation in court. With a lack of representation, and poorly appointed officials, many suffer the tragedy of being sentenced to death. Knowing these outcomes, many family members that I have known have given up on their loved ones once they were sent to prison. It’s discouraging to see someone have so much power over another life, whether they are “qualified” or not, being many officials in the past have proven to not be worthy of their
Since the dawn of time for a society to work it needs to have a level of structure that applies to everyone and is understood by everyone. Australian legal system is broad and complex. It is the nature of the encompassing laws and regulations which reflect how people, organisations and governments behave on the many different levels of operation and these are created to make sure that everyone understands their rights and obligations. There are two sources of Law in Australia: Statute Law regulated by Parliament and comprise of legislations and acts; and Judge-made Law or Common Law where decisions made by judges are based on previous cases.
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
issues in the court system. Studies show that most victims in the criminal justice system are poor
Reiman, Jeffrey. 2000. The Rich Gets Richer And the Poor Gets Prison: Ideology, Class, and Criminal Justice. Washington, D.C: Allyn & Bacon.
Under American law everyone is considered equal, the term equal refers to the many different ways people are treated the same in American society; even if they are not truly equal with each other. Everyone ranges from being poor to rich; they also range in
In the American life there is reasonable doubt to state that all citizens are treated equally. Equality among all is something that has been fought for and should be put into action. However, it is evident that in the legal system of the United States there is no such thing as equality. People get treated differently depending on different factors. It is not fair for people to get different treatment just because let’s say they are a different race or have different beliefs then others. Each person is unique and therefore should not be treated differently just because they are different. So should the US propose legislation to reinforce equality under the law? Yes, the US should propose legislation to reinforce equality under the law as everyone deserves the same opportunity.
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.
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