The Failure Of Justice In The United States

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

In what ways is the indigenous justice paradigm in conflict with the principles of the traditional, adversarial American criminal justice system? In what ways do the principles of Native American justice complement more mainstream correctional initiatives?

It has been reported that millions of crimes is committed in the United States of America which violates and harms the individual rights, properties, and freedoms that are not only guaranteed to American citizens of this country. It has been highlighted that justice is dealt with according to the crimes committed based on the findings and principles of our country, which derived from the Constitution of the United States. While it has been argued justice may not always be fair due to certain rights given to those who may be charged with crime sometimes an error is made. A simple mistake, a missing or broken link in the chain that represents the investigation and trial processes causes an innocent bystander to become caught up in an investigation. More importantly, in many cases can result in a wrongful conviction. This error can rise from many forms like a mistaken eyewitness identification, a false confession, misconduct of the governing authorities, improper forensic investigation, or including staff that neglect to make efforts or unskilled litigation by the defense attorneys. Those whom are affected endure years in prison, deal with lost wages, isolation from friends and family, scrutiny from potential employers, and isolation from their community.

“The court finds you guilty on all accounts. You are sentenced to 35 years in federal prison. Court dismissed.” If only justice in America was the same as a hollywood movie, where, in the end, each and every person put on trial receives a true and just verdict. It would be nice if America’s justice system was designed so that “you couldn’t be the next victim of corruption - innocent and sent to prison, or strapped to a table and put to death; or robbed of your life savings by American lawyers” (Sachs, America’s Corrupt Legal). Welcome to the new America, where all it takes is pockets as deep as the Pacific Ocean to be innocent and poverty to be found guilty, thrown in jail, and not given a second thought. Although America often prides itself on its just ways of governing and dealing with potential criminals, the justice system is often corrupted because of social issues, ethical issues, corrupt officials, and control of the press.

In any legal system, there is a notion that the chief end to be achieved is justice. Clearly no one would advocate for an unjust legal system, but what if the clear distinction between just and unjust is not so clear? What if there are diametrically opposed moral principles supporting competing arguments? On three occasions, the Supreme Court of Virginia has declined ruling on whether the relationship with an assailant 's wife deprives a defendant of the right to self-defense.

Injustice for all appears to be the recent motto of the American justice system in the previous years. This system, increasingly known, infamously, for the wrongful incarcerations of many innocent citizens is in large part due to prejudice and a lack of due diligence by society 's finest, the police. Police departments’ focus on making the collar often leads to the use of various forms of torture such as mental, emotional, and even physical coercion. Errors of fact fail to be discovered, and wrongful convictions happen to hundreds of innocent citizens such as William Dillon, who had served 27 years for a crime he did not commit. William Dillon is among those innocent citizens that the American justice system has failed. The dawn of August 17, 1981 a man by the name of James Dvorak was found at Canova Beach beaten to death. The police department was only able to find one article of evidence, a witness, a perjured testimony, and fabricated evidence that pointed towards Dillon. From these William Dillon was convicted due to a bloody yellow shirt found at the crime scene, a half blind man, a false testimony from a past lover and phony evidence fabricated by the police and their consultants.

"The scars and stains of racism are still deeply embedded in the American society." This is a quote said by John Lewis. A quote like that is so important in the world of today. The United States is one of the most racially diverse countries in the world and even with that, we are still facing so much tribulation over skin color. Despite the fact that racism has declined over the last several hundred years, looking through the cracks it 's still all around us. This is ranging from unequal court trials to violence with white supremacists. Throughout the years I have found a specific case that catches my eye, The Troy Davis Case. He was executed

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 criminal prosecutions section of my transitional justice strategy will be spilled into two parts. The first stage I will focus on the past actions of American slavery and the second will focus on the current day abuses against the African American population within the United States.

Justice is one of the aspects of life that is hard to run away from. This is because it is one of the social hypothetical agreements known to mankind and in any agreement there are repercussions if one breaks the terms. It is important to understand that the idea of justice is to bring about fairness among people. "Revelation" by Flannery O’Connor and “A Good Man is Hard to Find” by the same author will show the different aspects in which justice is viewed from. It is important to understand these aspects of justice in comparison to divine and legal justice.

Achieving justice in American society today is complicated. Society as a whole is indifferent on what justice is defined by. The United States government creates laws and punishments for breaking those laws. The foundation of all laws in America is the constitution. Judges and/or panels determine the consequences of breaking those laws that are protected and enforced by lawyers and lawmen. The challenge here is to truly determine what is to be considered justice for the state of the society “deriving their just powers from the consent of the governed” (Jefferson, 1776), and not that for a lone individual or a specific group. To bend rules or the law in a way to make a few happy is truly that of injustice.

The American Justice system, to me, is flawed, but I do not feel that it has been neglected. It is a sad truth that there are so many wrongs that occur in a system of corrections. However, I believe that the Justice System is playing “catch up” with society’s rapid acceleration of growth. In the space of just 10 years there has been: The Legalization of Marijuana, Legalization of Gay Marriage, Terror groups and organizations attacking large cities, Rioting has become more common, for instance in Baltimore and Ferguson and, America has become more polarized. The Justice System just cannot maintain the pace. There are also a few things that negatively impacting it and not assisting at all. For one, social media exploding any attack by a police officer has become almost a social norm and I extremely difficult, if not, impossible to incapacitate legally in today’s world. The Justice System are trying, however, and I feel that it will only be a matter of time before it gains ground on society and maintains order once more. There have been advancements in technology to help speed up the process of court hearings and also catching criminals. New organizations have been created to help stop cyber attacks and make it safer. There have been government subsidies given to the Federal Justice System for higher employment and effectiveness of their task forces. Therefore, I do not believe that it is a case of neglect affecting this country, instead, a negative impact of society’s rapid

Officers in a Texas McDonald’s parking lot saw a black man and a white man in the process of exchanging seats on a road trip from Florida to California, while leaving the parking lot; the officer implied that the man driving did not use his right turn signal. The men alleged that their privacy was invaded when the vehicle was searched without a warrant or permission from the driver. When one of the men attempted to video tape the incident on a cell phone he was told to stop. The term “driving while black has been used to describe the practice of law enforcement officers to stop African American drivers without probable cause” (Weatherspoon, 2004). The United States Justice System is based upon a flawed designed through miseducation of students in the school system, maintaining of a slave mentally in the prison system, and the perceptions of African Americans in America.

The US Court System has failed in many ways to the US citizens. Trying to be hard against any type of crime, The Court system holds in prisons more that 8.8% of the US population ; they have created several laws that proof this point one example is, the 1986 anti-drug abuse act, that instituted a minimum sentence of five years without parole for possession of five grams of crack, or five hundred grams of cocaine. The Tree strikes laws that specified that if you got caught more than three times, all the three sentences that you had before accumulate to one. The average sentence in the US is it three years. Also solitary confinement is a huge problem because it increases instability and violence in inmates; it could be consider as torture in many countries.

The Justice system in the United States is flawed, and this book does a good at showing that. Like you I was pretty unaware about the biases of laws and how unfair they were to a certain group of people. Most people are unaware of how broken the system is, and they do not see how much hardship some people have to face. The problem with solving the issue of felons or ‘the box’ is that most people do not know of it, or are not affected by it. This book does a great job at bringing awareness to these social issues.