Fairness And Justice Of The Criminal Justice System

More than 90 percent of criminal convictions come from negotiated pleas, also known as, plea bargaining. Plea bargains are used every day at both the federal and state court level. They certainly have their “proponents” as well as their “opponents”. A plea bargain basically is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. That agreement is usually in the form of a defendant pleading guilty to a “lesser” crime with a reduced sentence in return for the prosecuting authority not having to expend the time, energy, expense and manpower in seeking a conviction in a trial of a more serious charge. An evaluation of the evidence against the defendant is usually a significant factor by the prosecutor in determining whether or not a plea bargain should be offered. If the prosecutor’s case is strong, the chances of a plea bargain being offered to the defendant are lessened. While at the same time, if the prosecutor feels that his evidence is on the weaker side, the probability of a plea bargain being offered is enhanced.

The justice system is just but the procedures within are somewhat flawed. Human nature is to have greed and power, that's what crumbles the system. People use the system for what it isn't intended for and get away with it whether it's good or bad. Such as the Tarina Garnet case. Trina Garnett, was a mentally disabled teenage girl who was charged with murder, after setting a fire that killed two people and was sentenced to life in prison.

During the period of the Great Depression (1920-1939), the criminal justice system reflected the same amount of struggle as the economy. At this point in America, there were many flaws within the structure of the criminal justice system. Inequality, developing system, and harsh realities of organized crime beat down the structure and credibility within trials. The need for reformation was evident. Minorities during this time period struggled overall for the same equal rights that the white majority was granted. African Americans were most called out on due to the fact they represent a different background, culture and have a unilateral political viewpoint. Although under the influence of the law, it was no different in court, when it came

the juvenile portion of the criminal justice system. The article found that, “black youth were

“…and to ensure fair and impartial administration of justice for all Americans,” is the final part of the United States Justice System Mission statement. That is, however, not the case in the slightest. America’s justice system is messed up, broken, one might say. There are several groups throughout our country that face harsher sentencing for the same crimes other groups do, and that is in no way ‘fair and impartial.’ America’s justice system does not treat everyone that is convicted equally or fairly.

The inequality or equality of black Americans in the criminal justice system have been rigged for a long time.Therefore, I think there is injustice in police killings of blacks, and the sentencing of blacks, and how they are put there, while waiting for trial.

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

Despite the fact that many people believe that the criminal justice system is similar to TV crime shows like CSI, Criminal Minds, and Law and Order, the real criminal justice system does not work in such a way as it portrays in these shows. For example, on these crime shows, most cases get solved and are brought to justice via a court trial. Nonetheless, in reality many cases are solved in a plea bargain. Plea bargaining is one of the most controversial issues in the United States. The practice of plea bargaining is necessary due to fact of the high crime rates, and lacking facilities and staffs to try all cases. First of all, let’s find out what is the plea bargaining? Plea bargaining is an arrangement between a prosecutor and a defendant

The question of “whether Plea deals are at all effective or do they just erode the criminal justice system?” has been raised for some time now. Plea bargaining has been closely scrutinized for many years by individuals who believe in justice being served within our courtrooms and fair-mindedness. I believe that plea bargains not only cripple and deteriorate our justice system but it negates justice altogether.

Plea bargains are a negotiation between a prosecutor and defendant, in which the defendant will agree to plead guilty in exchange for a lesser sentence. There have been mixed feelings about plea bargains recorded over the years, including arguments that say a plea bargain denies the defendant the right to a fair trial, as well as a long wait time for a trial (Savitsky, 2012). This can cause a serious dilemma for the defendant, in which it may be better to take the lighter sentence, regardless if the defendant is guilty or not, as other problems, like paying for legal help, may be more costly in the end (Savitsky, 2012). This does not deliver justice, and can only hurt the defendant, as having a criminal record can effect rate of employment and contribute to the high recidivism rate of United States

Plea bargaining is sometimes referred to as “backdoor justice.” This is because plea bargains, which make up a vast majority of criminal proceedings, take place outside of the courtroom. They happen before or during a trial and sometimes the reasons are unknown to anyone not directly involved in the case. This tactic can work to the advantage of criminal defendants and their attorneys, but also presents certain problems, each of which will be addressed in turn. First, from a legal standpoint taking a plea bargain is a defendant waiving his right to trial which presents issue upon appeal. Second, plea bargains allow defendants to escape mandatory minimum sentences. Finally, outside of the legal realm, a defendant who accepts a plea deal is not

The foundation of the criminal justice system in the United States was founded on the idea of blind fairness of justice for every person that is interacting with our system of justice (King, 2016). There are many different layers to our criminal justice system from law enforcement, the judicial system, to corrections that can be very intimidating from anyone that is not used to interacting with the system as a person that has been criminally charged. This daunting element of our criminal justice system is one that can lead any defendant feeling like they have been backed into a corner. In our court system one key factor that has become standard practice is the use of plea bargains for criminal defendants(Clatch, 2017). We see that the use of

In my opinion, the criminal justice system should always inflict impartial verdicts. Consequently, several figure activists known as Senator Kaufman or Chairman Angelides, periodically, hosted meetings at the U.S. Capitol to confront bankers and the criminal investigation team. After 19 hearings, they could not obtain justice against the Wall Street top executives despites witness testimonies. Additionally, the Associate Deputy Director of the FBI, Kevin Perkins personal belief contradicted with his official statement where he mentioned that the main issue obstructing the investigation was the lack of proof to corroborate the criminal intent (Smith, 2013). Summing up, federal authorities’ certainly carried out a different agenda which did not

One of the most interesting things I learned from doing my research on community corrections in my jurisdiction is how the criminal justice system is committed to being fair and balanced. I have observed in a court arraignment how a judge briefed everyone in the court about proper protocols during the hearings .The judge said he could not start court hearings unless a prosecutor was present, and that he cautions the inmate the right to remain silent, and also discussed to the inmate his rights. Community-based corrections developed as a result of dissatisfaction with institutional confinement and in recognition of the problems encountered by inmates reentering society after prolonged incarceration. Belinda R. McCarthy, Bernard J. McCarthy, Jr,& Matthew C. Leone (4th edu.). (2001) Community-Based Corrections. Belmont, CA: Wadsworth Group. In writing this paper I will inform and discuss the various programs and rules applied to handle offenders who have violated state laws according to the criminal justice system in NC. I will write about the following subjects in the following order: 1) Parole and probation, 2) Community and drug courts, 3) Pretrial release, 4) Victim aid, and 5) Community service (as a function of service of sentence).

The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.