Justice: The Right To Equal Access To Courts

By this time Detroit had become the epicenter of the American automobile. Detroit’s grand boulevards, were now lost in this ever expanding industrial Mecca. Detroit was home to some of America’s biggest names in automotives, including Walter Chrysler, The Dodge Brothers, and the outspoken Henry Ford. Workers in these factories often earned more in wages than many unskilled labor positions around the country. As news of the high-wage jobs in the up-and-coming motor city made its way around the country, migrants began to flood the city in hopes of a better life. Overcrowding among blacks and the have-nots of society was a harsh reality in Detroit’s inner city ghetto, which went by the name of Black Bottom. Several families would cram into single family flats, often grateful to even have a place to stay. Many made due without luxuries like running water, and disease ran rampant along the dirty over-crowded streets. This migration was not often welcomed among white Detroiters. A message of “One Hundred Percent Americanism” was being spread and upheld by the Ku Klux Klan, and Negroes were not Americans. Many white Detroiters, whether they were with the KKK or not, felt that segregation was the way it should be. They feared that if blacks were to breach the color line into white neighborhoods then property values would plummet, real estate agents would not show the houses and the neighborhood would be ultimately

In the movie 12 angry men, they show us how our rights are being used in the court of law. The movie is about an 18-year-old boy who is being accused of stabbing his father with a knife, which means he is getting charged with murder and is being punished by the death penalty if proven guilty. The movie is mostly about the 12 jurors and about them discussing if the boy is innocent or guilty. It also shows them practicing our rights that are stated in the constitution.

On page 274 Atticus states “our courts are great levelers, and in our courts all men are created equal” (274), The statement is considered true to the majority of people, that in any government system race, sexual orientation, gender or anything that could be considered different between people is not a factor in court. Major documents that are part of US history even state that all men are created equal. Making certain variables to a person a factor in court is unlawful and immoral. Even if someone is black or they might be attracted to the same sex still shouldn’t determine if someone goes to prison/jail. It should be based on if they are proven guilty or innocent.

Justice and equality are both two very abstract concepts with numerous controversial definitions that are never agreed upon. Depending on the situations, justice can be the same as equality, or not. In the modern world, justice is often used as a political slogan, rather than a meaningful pursuit. Meanwhile equality is also one of the leading ideals of political movements, such as equal rights movements for marriage, voting, etc. In order to answer the question: is justice the same as equality, it is necessary to understand the precise meaning of equality and justice, the relationship between the two, the measurement of the two, and their current and historical status.

Legitimacy of courts has long been an important factor in the judicial system. However, a more recent concern has been diversity. It is becoming increasingly important for the court to represent those who it serves. “The ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves”. Judgements of both the domestic courts of England and Wales along with the European Court of Justice, affect the everyday lives of all EU citizens – including those of minority and underrepresented groups. “Outcomes should not be influenced by considerations of political or financial consequences”. Independence is important as it is vital that each judge is able to decide cases solely on the evidence presented to them by the parties in court. Personal independence is always necessary to ensure that the judiciary as a whole of both the land or the community remains independent. In order for the courts to be fully independent, they must represent the diversity of the people and make decisions in accordance with the law with no other influences. With the growing influence of the government over the last century it has become increasingly important that the judiciary fulfils its responsibility to protect the public against unlawful acts of the government. What has therefore also become increasingly more important is the need for the judiciary to be completely independent from the government. The evidence suggests that the courts nowadays are not

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.

In the second edition of The Hollow Hope: Can Courts Bring about Social Change? By Gerald N. Rosenberg (2008) is a revised version of the first novel and includes new chapters and introduces the argument of same –sex marriages. Rosenberg develops his study by analyzing the verdicts of a state court of final authority in Hawaii, Vermont and Massachusetts; these countries ruled that the renunciation of marriage assistance for same-sex couples infringed their individual state constitution. Rosenberg examines the direct and indirect consequences of these decisions and provides counter arguments. Throughout the novel, Rosenberg argues the failure of litigation if the courts abstain from supporting social change, court judgments create a legislative counterattack or overturn the complete constitution amendment. The central theme of the novel is that courts are guarded in their capability to implement social policy. He also explores whether laws efficiently alter a boarder social beliefs, ethics and traditions in society. In order to support his thesis he provides cases studies. The first case is the United States determination to end racial segregation in Brown v. Board of Education (1954). The second case is Roe v. Wade (1973) and other cases where courts can produce major social reform in civil rights, abortion, women’s rights, the environment, reapportionment, criminal rights, and same-sex marriage. Thus, in order to understand Rosenberg’s novel this paper will focus on three

You have the right to remain silent. Anything you say can and will be held against you in a court of law...” These famous words, so often heard in movies and television shows as a character is arrested, are well known to Americans. But why are law enforcement officials mandated to repeat this to individuals they arrest? Where did it come from? In Miranda V. Arizona, a case taken all the way to the Supreme Court in 1966, it was decided that constitutional rights must be made clear to the defendant at time of arrest in order for any information received during interrogations to be used as evidence in court and to ensure the rights of the accused are protected throughout the entire process throughout the legal system (Gaines & Miller, 2014).

Good point, in the First. Fifth, and Fourteenth Amendments by the constitution, citizens do have rights. Yet, how is it when subject chose to picket or wear something that not suitable to the others conscious eyes, that privilege is not valid? for example despite the fact that we do have right to associating with whomever we pick, being a law enforcement officers, that truly don't have any significant bearing for me, on the grounds that my occupation can come into inquiry in case I'm associating around sentenced criminals regardless of the possibility that their a cousin that I grew up with. I would in any case need to end that relationship, regardless of the fact that he has turn his or her life around and are making

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.

Is there structural inequality in the criminal justice system? When we watch the news or read our newspapers, we can see that most of the criminals portrayed are of African American or Hispanic descent. Being a fan of true crime novels, they even depict more Black male criminals than White males. Are African American males committing more crimes than White males? What factors are involved for Blacks to be more involved in crime? How do African American stereotypes play a role with possible racial profiling from the policing force? Are Blacks treated fairly in the criminal justice system? After much research, I hope to answer these questions and determine if African Americans

The concept of access to justice embodies the formal conception on one side, and substantive conception on the other. The formal conception of access to justice is considered to indicate abilities of people to have access to courts of law and other tribunals in a reasonable and effective manner coupled with the opportunity to receive legal services from qualified professionals. Access to justice in this way embraces the concept of the equality before the law which is the foundation of human rights protection, and protects the poor and the vulnerable from deprivation and violation of their rights. The substantive conception of access to justice, on the other hand, refers to people's ability to attain a substantive legal outcome. The substantive

Over the decades, the concept of justice has been continually evolving. This is occurring based upon different moral or legal interpretations. Evidence of this can be seen with observations from Burke (2011) who said, "Few things are of more importance to a society than its concept of justice. This is because it is justice that provides criterion for the legitimate use of force. In the name of justice people are detained, arrested, handcuffed, put on trial and punished. This concept is used to provide every society with some kind of social order. Over the last 200 years, a revolution has taken place with these principles. Our idea of it is what we employ, when dealing with ordinary individuals in daily life including: making agreements, paying bills, resolving disputes and putting criminals in jail. This is a concept that is as old as recorded history and it is familiar to people everywhere. What makes it so unique is that these ideas are constantly changing which focuses on society as a whole and how people are interacting with each other. " (Burke)