The best way to describe the feeling I left the Tribunal with is that of disappointment. Disappointment that despite all the well-meaning rhetoric, guidance and procedural practice documents in existence on the subject of creating a fair and just environment, all I had witnessed had been depressingly one-sided and mechanical. Moments of genuine human interaction and care had existed, but were lost in a sea of legal jargon, aggressive questioning and “tick-box exercise” courtroom procedure. There was no heart to this hearing, no consideration of Mr. R as an equal human being. He was the subject of the day’s discussion, not it’s beneficiary. It angered me to some extent that Mr. R was afforded to opportunity to simply speak freely. To give a few words of context, or council to the stranger who would be deciding …show more content…
Who are we- as a nation, or a government or indeed individuals that gives us the right to hold self-appointed dominion and judgment over the lives of those who come to our shores with hope of aid? Categorizing them into those of deserving circumstance and those who can go home to try to survive just a little longer? Perhaps at the heart of my anger lies the hypocrisy of this supposed charity. We seek to maintain the global reputation as a beacon of human rights. Content to play the role of a shining example of humanitarian effort. But in reality we do almost everything imaginable, beyond outright rejection at first instance, to discourage asylum seekers from seeking shelter in this nation. I am left with the final impression that should I have been less lucky, and found myself seeking asylum in the UK from some less fortune country, I am unsure if I could endure the deeply dehumanizing, degrading and accusatory process of seeking help from my fellow human beings in the UK. To call us a nation that welcomes refugees through its use of procedure would be akin to describing a jail as welcoming it’s
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The 13th Amendment to the American Constitution is celebrated and known as the amendment to end slavery. The amendment provides that, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (U.S. Constitution, Amendment 13). What is often overlooked is that this amendment abolishes slavery, unless you are a criminal. After the Civil War, this loophole was wildly used by slave owners, as they would convict African Americans of minor crimes to then use them as slaves again. This exception to the amendment is continually used today in the American prison system. The Criminal Justice System in America contains significant flaws that are detrimental to society. A few of these flaws lie within the actions and ideals of the prison system, the policies and laws surrounding the criminal justice system, and the American Legislative Exchange Council.
In order to answer this scenario, I need to look at the underlying ethical system and the moral rules leading to my judgment. As in many scenarios, there are conflicting moral rules that could justify different judgments. While police officers are supposed to enforce laws, they are also primarily expected to protect life and property (Nakate, 2011). Public safety is the primary concern of police officers. Therefore, unless a law involves mandatory reporting, then an officer is expected to exercise some discretion involving those laws. The theory behind requiring permits in order to hold a rally is that some rallies can lead to dangers for the public. Therefore, in this scenario, I would have to determine whether there was a reasonable likelihood that the rally might become violent. It is important to realize that even if the sponsoring group would not advocate violence, any rally about a controversial issue has the ability to become violent. Whether or not the tipster is providing accurate information is not of critical importance, because planning to hold a rally without a permit is not illegal; holding a rally without a permit is not illegal. As a police officer, I could ethically respond to the tip by going to the head of the group and ask if they were planning to hold a rally the next day and remind him of the permit requirement. I could do this without neglecting my
The bias in the American criminal justice system is first reported in the first stages of the system, which includes the (act of asking questions and trying to find the truth about something) and arrest of the suspected people by police personnel (American Civil Liberties Union, 2013). These police personnel discriminately target the minorities as criminal suspects, which eventually skews the racial population of the people arrested, charged, put in jail or convicted (Cole, Smith, & DeJong, 2013). One of the key problems suffering (from sickness) the U.S. criminal justice system is (assuming certain races of people are more likely to commit crimes) (Cole, Smith, & DeJong, 2013). This involves the identification of criminal suspects on the basis race or (special way of speaking/mark that shows emphasis). According to Cole, Smith, & DeJong (2013), (assuming certain races of people are more likely to commit crimes) is widespread because the police agents enjoy a large amount of (ability to make wise decisions) as to who they think about/believe as a suspect. For example, in Baltimore, African-American car/truck drivers are discriminately stopped for minor traffic offenses because they are believed to be more likely tobe start/work at more serious criminal activity than whites (Saad, 2011). This results in a large percentage of innocent African-Americans and other minority drivers such as Puerto Ricans, Colombians and Cubans to be illegally subjected to the embarrassment (in
The criminal justice system is a system of law enforcement that is involved in prosecuting, sentencing, and punishing those who have committed a criminal offence. When every member of society is aware of their individual rights and the laws enforced, the criminal justice system is very effective, but when a contributor to society is mentally insane and commits a criminal offence everything changes. In Frontline’s A Crime of Insanity, a twenty-six year old psychology student, Ralph Tortoricci, walked across the Albany campus of the State University of New York with a hunting knife and a Remington .270 rifle. He took a class hostage and later wounded a nineteen year old sophomore. Ralph obviously committed a crime but the problem is: was he
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
No matter what job you have in the criminal justice system there will always be ethical dilemmas that arise. As a person who’s job is to enforce the law there is always a way to step over the boundaries whether it be unfair treatment to citizens, inmates or agencies. There is always areas of the career to consider and in order to make everyone happy there are steps that need to be taken. From the police officer on the street to the parole board there is always something that could come up which could have consequences for either decision so which is the right one?
America’s criminal justice system today is constantly being questioned and scrutinized by citizens. America’s Criminal Justice system is based on morals and beliefs. These original morals and beliefs didn 't come out of anywhere. Europe was a huge influence on America and our criminal justice system. Throughout the years the system has evolved along with our country.
Why should we let this continue to happen? The treatment of asylum seekers is appalling and our government is doing nothing about. Not willing to let people enter either way and try to persuade them to go back to their country and majority of them get killed. They do not even have the right to have a lawyer. People now are worried about their life and do not seek freedom and that’s placed at our hands
Is the criminal justice system biased? Law enforcement has used techniques such as criminal profiling to achieve the responsibility of protecting and serving society. How they use this practice is the key to whether the system is biased. Criminal profiling is a research method used by law enforcement professionals to select the potential suspects of a specific crime. Zapf (2011) stated “Criminal profiling is the process of identifying behavioral tendencies, personality traits, geographic location, and demographic or biographic descriptors of an offender based on the characteristics of a particular crime” (para.1). Simply explained, specialists such as crime scene investigators look at the crime and try to fit a suspect to that crime based on a number of factors. Those factors could be what the crime scene looks like, the victim, and the area where the crime was committed. Based on those factors a profiler could predict who the offender may be and additional information regarding personality, psychological traits, and social status. For example, the crime is a murder, the victim is a white, thirteen year old boy, the crime scene is completely organized so no evidence is found, and lastly the crime was committed in a suburban area. Gathering all this information, a profiler may predict the offender is a black man, slim build between the ages of 30-35, perhaps has OCD, or is currently unemployed. Now to locate the suspect is up to police officers to use the characteristics
Is the Criminal Justice System biased towards white people and unfairly punishes black people? The answer is simply no, it is not racist or racially biased. One might think it is, at least from an outsider looking in, especially after this has become such a hot topic as of late. Yet take one look closer and you’ll see all the evidence pointing towards the verdict that the Justice System isn’t racist.
As mentioned, the prison system is unjust as to men of black or Latino background, and such for women just as well. “All participants who identified as black, Native American, or Latino had been arrested by a white police officer at least once (Feinstein, 2015, p.3). The fallacy of the idea of criminal justice is to protect all civilians from harm or crime while instilling fairness amongst all individuals apart from incapacitating the guilty to proportionate punishments, and restoring them as proper citizens. Yet, historically the trend of law enforcement is doing what it was actually meant to do, to target the disadvantaged, to subdue and control certain groups of people, minorities. Minorities are not considered to need a Justice system
The operation of the justice system is often a topic being called into question because there are many viewpoints of how it should be operated. The two most prominent viewpoints of this operation are the crime control perspective and the due process perspective (Worrall). Although these are the major viewpoints, they are actually conflicting ideas. Even though they are conflicting ideas, there is no conflict when it comes down to practice in the system. In order to understand how there is no conflict with conflicting ideas, one must first understand the perspectives.
Before an individual may be convicted of a crime he or she needs to be held criminally liable for that criminal act. However only those with criminal capacity may be held responsible and punished. This essay shall begin by discussing the concept of criminal responsibility as well as how this concept is applied in regard to pathological offenders, who do not have the required criminal capacity but have committed the crime. Black’s Law Dictionary defines criminal responsibility as referring to an individual’s mental capacity to stand before the court and answer for their actions.