Criminal Justice Collapse : The Constitution After Hurricane Katrina

In “Before The Law”, an article written by Jennifer Gonnerman published in The New Yorker, the dispiriting true story of a teen from the Bronx is used as a precedent to highlight the glaring problems with New York City’s criminal justice system. In May of 2010, sixteen year-old Kalief Browder and his friends were arrested on robbery charges after returning home from a party in the Bronx. The ensuing events led him in and out of holding cells, granted him a bail of three thousand dollars (which his family was unable to afford), and eventually led to him being transferred to the infamous Rikers Island; Where, despite never being convicted of any crime (let alone receiving a fair trial), he was imprisoned for nearly four years. Gonnerman

Within the criminal justice system, officials abuse their power. The officials of the justice system have a duty to protect and perform their duties with unbiased decision making. The abuse of power jeopardizes people’s lives who are not able to sustain oneself and their families. Some people do not understand that poorer people find themselves in jail more and once a person is released, that person is subjected to return to jail for the amount of money owed to the state. There are many obstacles for the poor, especially those of color. People of color are treated unfairly in the justice system, from the arrest, the sentencing, and the release. The criminal justice system is supposed to be just but that is not the case. The criminal justice system allows for the police, public defenders, and judges to bend the laws and not be punished for their actions or that apologizes can fix the wrong that has been done. This paper will discuss the abuse of power from the justice system and the solutions to rectify the damages.

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

The criminal justice system in America is a system designed to work in three distinct steps. The first being to fairly identify those breaking the law, second, create a process through which to both punish and rehabilitate criminals, and lastly integrate them back into society. The current system typically goes unquestioned, as those in the system seem to be deserving of what ever happens while they are in it, even once they have served their prison sentence. It is only upon deeper inspection that we begin to realize the discrimination and unfair tactics used to introduce certain groups of society into the criminal justice system and proceed to trap them there. This is the issue addressed in Alexander’s The New Jim Crow, and it is through arrests, sentencing and further upon release from jail that this oppressive system is created and maintained.

The United States is less the 5% of the world population but has almost 25% of the world’s prison population (Coates, 2015; Waldman, 2016). In the last 40 years, the number of American civilians imprisoned by the United States has increased 500%. (Mauer, 2011). However, this explosion in incarceration rates has not been evenly distributed throughout the American population (Waldman, 2016). While one in seventeen White men will be imprisoned in their lifetime, one in sixteen Latino men will face this fate and for Black men, the number is one in three (Mauer,2011). Neither the racial disparity in incarceration nor its scale was accidental (Coates, 2015). The mass incarceration of Black men in the United States was a direct result of the “War

Throughout the riveting and eye-opening memoir, Just Mercy, by influential lawyer Bryan Stevenson readers are given a real insight on the predominance of racial minorities on crime sentencings. He opens up on the taboo topics of prejudice and sentencing the poor and weak simply because it’s convenient. This is re-affirmed through New York Times article by Shaila Dewan, “Court by Court, Lawyers Fight Policies that Fall Heavily on the Poor,” where she point blank states “[the justice system] is waging a guerilla campaign to reserve what they consider unconstitutional practices that penalize the poor.” In addition to both of these sources, the video “Keeping the Poor Out of Jail” by Kassie Bracken and Jessica Naudziunas, two Harvard law school students, upholds the same beliefs about inequality as they take on local justice systems and current policies targeting the poor. Although the fourteenth amendment states no state shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws poverty remains to be an exception to some degree. Those living in poverty lack the same equality as the rest of the US, not being given fair chances in trials or overly punished for their lack of resources. There needs to be an improvement in our justice system so we can eliminate the injustice on the impoverished, whether it be a more involved state-provided lawyer or an adequate, unbiased, and

A modern-day study being done about the racial discrimination that was brought upon thousands of families during Hurricane Katrina is now in the limelight and takes a specific look at the way certain people perceive this notion of racism. The arguments that are being considered examine the past reports of Black and White participants regarding racial differences and their perceptions of the racial inequality following Hurricane Katrina. The participants for this investigation were asked whether or not the United States government would have provided aid and responded faster to different socio-economic and racial groups during the hurricane. According to de la Peña et al. (2010), a higher percentage of White participants said that socio-economic status is more important, while Blacks relied on race more. Additionally, more White participants believed that the slow government response effort was not influenced by race and/or socio-economic status of the victims. Although there is a contention between the two races, there is a higher percentage of agreement when concerning discrimination altogether.

Before watching the video titled Federalism: Lessons of Katrina, I expected it to be about how the government responded to hurricane Katrina. Not only was my assumption correct, I gained a better understanding of federalism by observing how the local, state, and national levels of government responded to one of the worst crises in American history. From my observation, it seemed that the government on all levels failed to prepare, and then aid, the victims of the disaster. I think this failure was caused by the lack of communication between the different levels of government and could have been prevented had the governments worked together. In addition, I think the government’s failure to respond effectively

B. Thesis: The government should have help Hurricane Katrina, through additional money, supplies, and community help.

In America, the poor and uneducated a disproportionally represented in the eyes of the law. We are supposed to be a country that builds each other up, and stops at nothing until each person succeeds. Whether that be by race, gender, sexuality, or age. Unfortunately, that is not the case for most Americans, especially those who are poor and uneducated. While the law plays a bigger role in their lives, more than the average middle class American, poor and uneducated people are not properly represented by the law. A great example of the misrepresentation is in the case of the Buffalo Creek Disaster vs the Pittston and Buffalo Coal Company. In this paper, I will discuss, the history of judge’s decision in cases where minorities and lower class were involved, the history of the wage income and education rate in West Virginia, and how law affects lower class communities. It is my opinion that if West Virginia were a community of high class persons, the treatment received from the Piston company and the Buffalo Coal company would have been different.

American prison systems encompass all three spheres of criminal justice: law enforcement, judiciary, corrections. Within this system, a massive problem exists. America is known as the “mass incarceration nation” (Hamilton, 2014, p. 1271). Comparatively, the United States encompasses the majority of global prisoners, yet the population is nowhere near that proportion. Just how “free and equal” is this system? Since Gideon v. Wainwright, the racial divide in the criminal justice system has grown, which is contradictory to its intentions. The American criminal justice system has failed to provide the justice and protections it promises. There are many injustices caused by the mass incarceration of American citizens, especially those of minority descent. More harm is done by incarceration to the individual, their community, and the nation, than if other forms of justice were used. The criminal justice system is divided, with racial and income disparities defining the nation in way never intended.

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

Louisiana is the world’s prison capital. In a news report by The Times-Picayune, reporter Cindy Chang reported “The state imprisons more of its people, per head than any of its U.S. counterparts. Louisiana's incarceration rate is nearly five times Iran's, 13 times China's and 20 times Germany's.” She then goes on to talk about the black men of Louisiana stating “Among black men from New Orleans, one in 14 is behind bars; one in seven is either in prison, on parole or on probation”. These numbers are shocking. There has to be a reason why there is a much higher rate of African American men that are imprisoned, surely they are not the only ones committing crimes. Louisiana’s Judicial

In a state of national emergency, the United States government is expected to be efficient and organized. When Hurricane Katrina struck on August 25th, 2005, the United States government was not readily prepared for such an immense disaster. The mismanagement of relief efforts by the U.S. government led to a lack of adequate assistance to U.S. victims along with a prolonged restoration period for those in need. Had the government accepted more foreign aid and further prepared for the storm, hurricane Katrina may not have proved such a disaster in our nation’s history. This essay will explain how foreign aid was integrated into the relief effort. Additionally, this essay will explore the government’s refusal of aid from various countries

When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.