There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of
In today’s society it is essential to understand the difference between disparity and discrimination. There are numerous people who still believe that the world is prejudice. This paper will compare and contrast disparity and discrimination. The paper will give examples of both and there relation to the criminal justice system.
Elaborating further on each individual’s pursuit of happiness, what about those that are subjected to an unfair justice system? The current justice system could easily be another case for being the civil rights issue of our time, because of its unjust means. It is a system that targets more of America’s poor, than the rich. Not just because the poor commit more crimes, but because the rich are more likely to escape imprisonment due to their status. It is an illusion that exists in which we believe the poor commit more crimes. But, in reality, they are just punished harsher, subjected to more criminal influences in terms of survival needs, or unable to obtain worthy defense representation in the courts. But, why all this? Because our education system as of now does not provide equal means of class ascent as we assume it to be. The education system is disproportionate in terms of
More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again.
Justice is a concept that takes into account the inalienable rights of all individuals to equal protection before and under the law regardless of race, gender, ethnicity, religious belief, age, disability or income. The justice system of the United States was founded on the principles that everyone has the right to receive a fair trial with equal representation. Racial disparity exist whenever there is a vast disparity between the proportion of a group represented in the overall population and the proportion of the same group at any given point within a system. Structural inequality affects an entire class of people by granting them special access to assistance as a result of their race, ethnicity, gender, class or wealth. Racial disparity is an ever growing problem within the criminal justice system partly
In the book Just Mercy: A story of Justice and Redemption by Bryan Stevenson, there are several topics discussed regarding the American Justice system. One of those many topics discussed is regarding how a person’s race, social status and income, may influence the outcome of a court trail. In present day America, many years after the era of Jim crow and segregation the Justice system still seems to be more lenient towards white Americans, especially those with high income and a good standing in society. The American justice system has become unjust in the trials deemed to be fair, due to an evident prejudice against minorities, their social status and whether or not they receive a well off or poor income.
The book Ordinary Injustice: How America Holds Court written by Amy Bach reflects upon “ordinary injustice” that members of society fall victim to by the American criminal justice system. In short, the phrase “ordinary injustice” comes from the improper acts that have become second nature to court officials but has yet to be explained and resolved by other actors in the court. It is noted in the text that “ordinary injustice results when a community of legal professionals becomes so accustomed to a pattern of lapses that they can no longer see their role in them” (Bach 2). This recurring pattern has been easy to identify by outsiders but difficult to handle by insiders of the court. Bach supports this idea by making clear that, “proving mistakes, both visible and invisible, [is] very difficult in the criminal justice system, even for those who are insiders” (258).
265. 2014). This is because there are differing views on the relationships between wealth, inequality and disorder and on how people of different classes are judged. Certain groups within society have the power to define what is order and disorder, whilst the vast majority do not. Consequently, as Harvard and Clarke state ‘There are numerous examples of distinctions made between similar behaviours all judged differently depending on social identities’ (Harvard C & Clarke Pg. 265. 2014). Therefore, according to Patrick Allen of Hodge, Jones & Allen Solicitors, (Bowcott,O. 2015) “It comes as no surprise that those in the lowest income bracket have the least trust in a legal system that appears unfair, confusing and inaccessible’, in contrast to the wealthy who have no difficulties in paying for such access. Thus, indicating that the poor and middle classes have little or no chance of having ‘equality before the law’. Thus, Inequalities in law persist, only changing slowly over time. However, laws are never static, always changing but not always for the betterment of
This issue, and the injustice surrounding it, was first made evident in the case of Dietrich v the Queen, the high court recognised the need for adequate legal representation. In an attempt to redress inequalities of access to the legal system, the Australian Government enacted the Commonwealth Legal Aid Commission Act 1977, which established cooperative arrangements between the Australian Government and state and territory governments, under which legal aid would be provided by independent legal aid commissions, to be established under state and territory legislation. However, Legal aid is not offered to everyone. In order to qualify for legal aid individuals must pass means (level of income or assets) and merit (matter is serious enough and likely to win) tests. This establishes justice and equality for defendants of low socioeconomic status, upholding procedural
Injustice is a concept that can be defined as the violation of the rights of others, or the unfair action or treatment of an individual. Society in particular sees unjust actions all the time, and most people would even go as far as describing society as biased. Sometimes, there are specific instances that occur that can teach society as a whole a lesson of righteousness and justice; and in this case, these instances are landmark Supreme Court rulings. The Supreme Court of the United States is a powerful judiciary decider that can grant justice to someone who is in desperate need of protection. The Supreme Court cases of Roe v. Wade, Brown v. Board of Education and Roper v. Simmons have
Access to justice: What do those three words mean to you? Access to justice is a very special thing to a lot of people, especially for alleged criminals, who instead of being punished and/or executed without a trial, hopefully will have a chance in court, when they can plead their case before a judge and jury. The preamble to the United States Constitution says this: These words show that access to justice has been in place since the US was established by our founding fathers. What does access to justice mean? Access to justice means that nothing, including your gender, race, ethnicity, language will cause you to have an unfair trial or no trial at all. You are guaranteed a fair trial and a lawyer if you cannot afford one of your own.
The essence of the mobilization approach is to bring people together to confront their own problems, to organize people with respect to the quality of their lives (Cardora 2003). A perfect example of the mobilization approach is the neighborhood watch program.
Above definition revealed that social action is used as tool for mobilizing people. And it has the scope of change within society with respect to a planned strategy. However such a mobilization can never be taken to its logical conclusion as the contradiction can never be brought and a stage of a
In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.