Availability Of Legal Representation For Indigent Defendants

Racial disparity in the sentencing process of the criminal justice system also exists because of racial jurors. To eliminate the suspensions of racial disparity of racial jurors the jury will select at least one African-American to serve for the jury. A percentage of African-Americans oppose capital punishment (Tabak, 1999, p. 6). Prosecutors commonly discriminate against African-Americans during challenges of discretions and blatantly abuse the powers of prosecutors. Juries predominantly use more Whites in every trial is inappropriate on the levels of the criminal justice system. Americans have rights to a trial by jury of peers and has the right not to exclude minorities in the selection of a jury. Excluding minorities in a jury of an individual’s peers is a violation of an objective and fair trial for a defendant.

The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

The existence of racial disparity and structural inequality within the criminal justice system renders the concept of true justice for all unobtainable. The statistics of convictions and prison sentences by race definitely support the concept that discrimination is a problem in the justice system as well as the insignificantly number of minority judges and lawyers. There are a multitude of circumstances that influence these statistics according to the “Central Eight” criminogenic risk factors. The need for programs and methods to effectively deter those at risk individuals has never been greater and the lack of such programs is costing society in countless ways.

In the book Just Mercy: A story of Justice and Redemption by Bryan Stevenson, there are several topics discussed regarding the American Justice system. One of those many topics discussed is regarding how a person’s race, social status and income, may influence the outcome of a court trail. In present day America, many years after the era of Jim crow and segregation the Justice system still seems to be more lenient towards white Americans, especially those with high income and a good standing in society. The American justice system has become unjust in the trials deemed to be fair, due to an evident prejudice against minorities, their social status and whether or not they receive a well off or poor income.

At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).

Mass Incarceration is a growing dilemma in the United States that populates our prisons at an alarming rate. Michelle Alexander is a professor at Ohio State University and a graduate of Stanford law school. She states in her award winning book, The new Jim Crow: Mass Incarceration in the Age of Colorblindness “In less than thirty years, the U.S. penal population exploded from around 300,000 to more than 2 million” (Alexander, 6). These young men and women are unable to afford a decent lawyer because they come from such a poverty-stricken background. Men and women are at a financial disadvantage in our justice system. Lawyers and attorneys cost a fortune and most people can just simply not afford them. Others plead to their charges because

Lefstein, N., & American Bar Association. (2011). Securing reasonable caseloads: Ethics and law in public defense. Chicago, Ill: American Bar Association.

There are three different methods that states use to provide indigent defense; public defenders, assigned counsel, and contract attorneys. Depending on the size of a city or county usually determines what type of indigent defense is employed. Public defender programs can be public or private nonprofit organizations (Neubauer & Fradella, 2011). Public defender programs are found mostly in populous jurisdictions and are most effective in defending large numbers of indigent clients (Wice, 2005). Sometimes counties or states will use more than one type of defense for indigents. Today, public defender programs represent close to seventy percent of all indigent defense nationwide (Neubauer & Fradella,

Blind justice has taken a step back from the original form that it took in shaping our court system in the United States due to the enhanced mandatory minimums and determinate sentencing acts that have been put into place leverage for the plea-bargaining attempts of prosecutors (McNamara & Burns, 2009). Placing more hardships on the minority that do not have the funds to put up the same fight as the members of the majority group of our society. The injustice that this places on the minority members of society is one that has put more members of our minority groups into our jails and prison at a much higher rate that should be the case

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.

Many death row inmates were convicted while being defended by a court appointed lawyer who are often the worst paid and most inexperienced and least skillful lawyers. The Bar Association published guidelines for a good defense in a death penalty case”. Anti-death Penalty ( 2010)

This study looks at those who use the services of public defenders and whether they think they are effective or approval of them. This is a significant issue for both public policy and California because the public’s approval and belief in the effectiveness of a certain services affects how resources are allocated and whether reforms are implemented. As a current intern at the Sacramento County Public Defender’s Office it is clear that resources are limited compared to those available for say the DA’s office, so if the public believes that it is effective regardless of these limitations then they are less willing to increase resources. On the other side, those from a lower income that are clients of the public defender’s office can see first-hand the limitations of these services and may believe reforms are necessary to increase its effectiveness. While the first study was focused nationally and the second was focused in Cincinnati, I want to see if California shows similar

Facing a criminal charge can be very stressful and could make a long-lasting impact not only on your personal and family life but also on your career and social well-being. Moreover, with the increasing complexity and technological changes in the laws of the country, it has become very difficult for an individual to save himself from the trial without hiring a professional Los Angeles Criminal Defense Attorney.

The death penalty is unfair for several reasons, one of them being that legal assistance for inmates on death row has become increasingly difficult to find. Prisoners on death row filing for appeal have little or no chance for receiving a fair second chance. "Most of the legal work is done for free, and even lawyers dedicated to making sure these prisoners receive all their legal rights cannot be expected to spend all of their time