I don’t support the idea of electing judges based on political parties. This is unethical since the judges elected into office based on party grounds are more likely to favor their parties in most issues and sideline what is antiparty even though it may seem to be right. The idea of being partisan comes in which in turn paves the way for corruption. In most cases the judges may be incompetent due to blind elections based on party in favor other than one’s ability, experience and credibility. As explained by Maxwell et. al, in the state of Texas, the public has a negative perception of the justice system. Many judges are biased, untrained in the law or are rather ignorant, and quite often incompetent (Maxwell et. al, 207). One of the reasons …show more content…
However, this is not what is always seen in the Texas judicial system. According to Maxwell et. al, some minority groups are arrested and judged in larger numbers compared to others for the same crimes. The majority of those arrested are African Americans. According to Maxwell et. al, it is evident that the detention is based on prejudice by the law enforcement officers while statistics suggest that such a minority group does commit a less share of violent crimes (Maxwell et. al, 228). A good example where discrimination is seen is Timothy Brian Cole’s case. Timothy was Army veteran studying business at Texas Tech in 1985. He died in a Texas prison in 1999 while serving a 25-year sentence for a rape he didn’t commit. Despite the fact that evidence proved timothy’s innocence of the crime, the judge dismissed the evidence and imprisoned him for 25 years. Some of the evidence testified against Timothy did not match with truth about him. For example, Timothy was a non-smoker, his DNA differed with the specimens collected from the rape scene, and eyewitnesses testified that he was studying at home where his brother was playing cards. However, despite the much evidence that proved him innocent, the judge relied on the victim’s testimony which itself did not match with the …show more content…
Available evidence as explained in an article by Sara Mosle of 30th October 3005, proves that the arrest was based on inconsistent testimony given by the single undercover officer. The officer who testified himself, as described by his former employers, possibly had mental problems and had even been arrested for the possibility of stealing at his previous job (Sarah Mosle). The evidence provided hard no voice recording, no video recording, and no proof of drug purchased. Injustice based on discrimination I s seen when the judge imprisons the accused up to a length serving 90 years in prison without sufficient evidence. This show how biased the Texas judiciary can be. Imprisoning people without sufficient evidence is a form of biases. The law is clear that there must be sufficient evidence beyond reasonable doubt before passing judges against a suspect, or else individuals should be set free by the lack of enough prove to pass judges
In opposition to most states, Texas is one of a handful to do partisan elections to vote for judges. Contrasting viewpoints try to decide on whether the voting system should be partisan or nonpartisan bringing much debate in the election of the judicial candidates. Some argue the system should change because of possible bias both by the electorate and of the judge, others contend it is necessary to know what party the judges affiliate with in order to know what way they lean may lean in their final judgement. Many arguments bring to light the benefits and drawbacks of each system, critiquing the justness, dependability, and impartiality.
The Mass Incarceration in the United States is a major topic of discussion in our society and has raised many questions about our criminal justice system. There are few topics disputed as much in criminal justice as the relationship between race, ethnicity, and criminal outcomes. Specifically, the large disparities that minorities face regarding incarceration in our country. Minorities such as Hispanics and African Americans are sentenced at far higher rates than their white counterparts. There are multiple factors that influence this such as the judicial system, racial profiling by law enforcement, and historical biases (Kamula, Clark-Coulson, Kamula, 2010). Additionally, the defendants race was found to be highly associated with either a jail or prison sentence; with the “odds increasing 29 percent for black defendants, and 44 percent for Hispanic defendants” (King, Johnson, McGeever, 2010).
In the State of Texas, we have a rather odd way of selecting which judges will and will not be able to have a job in the State of Texas. The way we select them is the same way that we decide who is going to be the governor of the State of Texas, we elected them. There are many flaws with choosing election as the way of picking who will be judges. Some of the flaws are that there will possibly be a lack of minority chosen, voters tend to know little to none information about the local election let alone the candidates up for judges, and finally people contributing to campaigns. While few people know that this how we elected judges in Texas, but even fewer realize the consequences the will continue to pile up if we do not do something to put an end to this ludicrous way of choosing an influential position of office.
I think judges should be decided by partisan vote. They are very high in rank and should be on the ballot when the governor or senators are being elected. This would be like killing two birds with one stone and it would probably cost less. As a result time and money would be saved. That is why I think they should be decided by
Less is known about the extent of discrimination at the arrest stage, in part because underlying rates of criminal activity by race cannot be easily assessed. Some evidence comes from comparing the race distribution of offenders derived from victims’ surveys with the racial composition of individuals arrested for the same crime. Two studies have found that these distributions are roughly comparable for many violent crimes.
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.
There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.
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.
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).
Research shows that African Americans and Latinos have been the victims of racial profiling by the criminal justice system. African Americans and Latinos are at a higher risk of being arrested, prosecuted and sentenced that Whites. The main cause of racial disparities occurs because law enforcement agencies believe that African Americans and Latinos are at high risk of engaging in crime and violence. During prosecutions and court hearings, the jury and judges give harsher sentences to minority groups. As a result, minorities view the criminal justice system as unjust since it favors whites. This research paper reviews relevant literature to show white privileges and racial disparities in the criminal justice system. Additionally, the paper provides linkages between racial disparities in the United States criminal justice system and the law. In this regard, the main objective of the research paper is to give detailed insights on racial discriminations in the criminal justice system.
Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”
It is obvious that police officers are using their jobs as law enforcers to obtain illegal items and are shamefully betraying their police departments. The policemen who were involved in this drug smuggle were veterans. When people think of veterans, whether it be a veteran of war or a veteran of a police department, we think of someone who has devoted many years, served and been loyal to the service. People have admiration for veterans and recognize them for being committed to the service as well as being faithful to every year they have been involved in it. Now the four veteran police officers from Chicago will be spending time in prison instead of adding more years to the service of policing. Those years that the veteran police officers were dedicated to the policing is now history, they could have helped lower crime rates in Chicago, but instead they are facing prison time.
The main effects of judicial abuse of power and misconduct is injustice for the victims. Abuse of judicial power imposes psychological stress on the parties involved, which will eventually affect their physical wellbeing. Abuse of judicial power by high profile officers such as a judge may lead to distrust of the judicial system. Judges are expected to observe judicial ethics and are required to act in a way that promotes confidence in the judiciary. Remedies to judicial abuse of power include recusal where the judge might have a conflict of interest in the case. In this scenario, the judge was seen having coffee with the defendant which might lead to a conflict of interest and the judge should be recused from the case.
There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1
Anthony J. Marshall wrote the article on the judicial corruption in the case against Verres. Cicero has represented the most important evidence which concerns the judicial rights of Roman provincials. Cicero has provided the brief outline in Lex Rupilia which deals with the judicial administration and the violation of the Sicilian provincial charter. Cicero explains in the passage that the violation of the judicial system is the important evidence against Verres. Verres had made a mockery of the judicial administration of the lex. Lex Rupilia is the condition or a legal procedure based on the citizenship of the parties involved. Cicero has put focus on the formal administration of the Roman judges. It includes Roman judges appointed by the