Is Justice Really Blind?

The Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping

When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

It has been brought up that certain race and ethic affects a person’s sentencing. Many studies have addressed the question are African Americans treated more severely than similarly situated whites? (Mitchell, 2005). Observers had indeed noted that black defendants get more severe sentencing than white defendants do (Spohn, 1981). For many years’ social scientist has examined this theory and came up with three explanations, racial discrimination, Wealth discrimination, and legal factors (Sellin, 1928). These three explanations all direct back to blacks because blacks are more likely to be poor, so they are wealth discriminated. Also, legal factors point to blacks because black defendants are more likely to have a serious charge or criminal record than whites do. Some researchers examine whether race has an impact on juveniles being convicted in the adult system (Howell, 2012) as well.

In the last several years, too many people in the United States have been wrongfully sentenced with the death penalty. Several accused have their sentence overturned or they have been totally exonerated. There are at least 8 people who were executed by United States and later proven innocent (http://www.deathpenaltyinfo.org). Over a 20 year period, 68% of all death sentences were reversed (http://karisable.com). A noteworthy example is of Jerry Banks who was convicted and sentenced with the death penalty for two counts of murder in 1975. Five years later, in 1980, Banks' conviction was overturned on the basis of newly discovered evidence which was allegedly known to the state at the time of trial. Another example was the case of Lawyer Johnson who was sentenced to death in 1971 by an all white jury for the murder of a white victim. Later in 1982, Johnson’s conviction was overturned and Johnson exonerated when a previously silent eyewitness identified the state’s chief witness as the real murderer. (http://www.deathpenaltyinfo.org) Human error is inevitable, particularly

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

The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

Punishments are no longer as cruel, the death penalty has been lifted in multiple states, and prisoners are being treated in a more equal manner, but the system should continue to be improved even more to accomplish what needs to be done in order to make the streets safer. Crime has changed from what it once was in the past. Rates have gone up and people appear to be behaving in a more difficult manner. The government cannot afford to continue treating prisoners the way they once did in the past. Reform is not just for the prisoners. Reform is for the people in the communities of America. But there appears to be a few setbacks when it comes to reform, and one of those setbacks is cost. Though according to Gary C. Mohr, “Criminal justice systems can be people-oriented, evidence-based and cost-effective while remaining focused on the safety and well-being of those living in the different communities.” Therefore, cost should not be an excuse as to why the system cannot be reformed, especially when it comes to public safety. In fact, there should be no excuses when it comes to public safety. Prisons should do what must be

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).

Jimmy Santiago Baca is a winner of the International Prize for his work in, A Place to Stand. The making of a poet. He writes, “I had no money. There is no way I’m going to make bail” (Baca, 187). In some cases, prisoners are only locked up because they had to get appointed a defense attorney who convinced them to plead to the charges so they would not have to go to trial and risk getting an extended amount of time. District attorneys are elected by the citizens and those people want someone who is tough on crime. If the district attorney is not tough on crime, the people will not reelect him. This can lead to many innocent lives being wasted; For instance, some criminals will sit in a cell for decades for the smallest offense. However, if a prisoner attempts to plead not guilty and the case goes to a trial by jury and they do find him or her guilty, they will be sentenced to an even longer term. It is obvious that our justice system is unfair and against human morals and ethics. They are somehow “innocent until proven guilty” yet they cannot afford to prove themselves innocent. Not only is poverty a reason for the rising increase in the population of inmates, many lack the education needed to understand the law or what they are being accused of.

The book "The Rich Get Richer and the Poor Get Prison" by Jeffrey H. Reiman provides a very interesting account of how the rich are being treated by the criminal justice system in a more favorable than the poorer and nonviolent criminals who are generally mistreated. Reiman started his book by stating that the recently noted decline in crime rate is skewed. This is clear in the 12th page of his book when he stated that After more than 20 years of telling us that crime was growing out of control and proposing more cops and tougher laws and more prisons, crime rates are now coming down and politicians are jumping to claim credit for the reductions" (Reiman ,p. 12).The book is a well written text that effectively examines the various harmful acts that are committed by the rich in our society. These harmful acts include bribery, medical crimes, and embezzlement of public funds, crime against consumers as well as environmental crimes such as unsafe workplaces as well as pollution among many others. Reiman's book, in its thorough analysis of the various harmful acts noted that there is a particular bias against the poor people within the American criminal justice system.He demonstrated that acts like murder, assault and theft that are committed by the poor people are treated by the criminal justice system as very serious crimes while on the other hand, other harmful acts like bribery, medical crimes, embezzlement of public funds, crime against consumers as well as

In many cases we are forced to believe that the prison system is fair and equal to all, although that may not be the case. The prison system at first glance seems fair and equal but after looking closer you will find many times it’s not fair at all. For example, “an African American male could spend more time in jail for possession of crack than a white man with the same amount of powder cocaine” (Harmon 372). This is just one example of how society has been taken advantage of in the prison system. Some people are subject to years in prison although they should not be while others enjoy life even though they should be in prison. The injustice in the sentencing of prisoners is an ongoing problem in society, as some criminals get of easy for horrible crimes others criminals suffer unfairly all because of color of their skin.

or the same criminal behavior, the poor are more likely to be arrested; if arrested, they are more likely to be charged; if charged, more likely to be convicted; if convicted, more likely to be sentenced to prison; and if sentenced, more likely to be given longer prison terms than members of the middle and upper classes.1 In other words, the image of the criminal population one sees in our nation’s jails and prisons is distorted by the shape of the criminal justice system itself. It is the face of evil reflected in a carnival mirror, but it is no laughing matter.

Indeed, the justice is blind; however, not the Chief Justice. Indeed, the justice is blind; however, not the Chief Justice.