The Hollow Hope By Gerald Rosenberg

When looking at illegal actions and activities, also known as crimes, people of all color commit them. Whether people commit lesser or more excessive crimes, the action will be committed by a multitude of races. People of all colors are able to achieve the standards that have been set by society. When looking at the statistics, the evidence shows that people of color, especially African Americans tend to get harder and more solemn charges for the crimes that they have committed. What people might not notice is that there is a racial bias in the judicial system. That bias is changing the outcome of indictments. With all of the change going on in the United States of America, one untouched subject is the racial bias in the judicial system. If a change does not occur now, then when will there ever be a change? There is a racial bias in the judicial system, and a change needs to occur now.

The United States is a multiracial society that has had many issues on racial disparity. The major ethics categories in the United States are Asians, African-Americans, Caucasians, Hispanic and Native Americans. Racism, a social problem in the United States since the founding of the country, is a belief that all people in that specific category has a certain characteristic. It distinguishes a race being inferior or superior to another. Historically, the white majority has always gotten better treatment than the other races. Out of all the other ethnic groups, “white has singled out of getting unequal treatment in the areas of housing, education, employment and criminal justice” (Racial Disparities). The Justice System is very well racially disperse because, African Americans as well as Hispanics, do not get the equal protection or social benefit from the government.

Howard Thurman removes the window dressing in the African American experience of segregation in America. Thurman in his book, “The Luminous Darkness” paints an obscure portrait that delved deep into the consciousness of Black men, women and children freshly freed from chattel slavery. Two hundred years of slavery and one hundred years of darkness seeping into each soul perpetuated by an evil explained only through the Word of God. Although this book was published in the 60’s, the stigma segregation continues resonate in the souls of those who remember and perhaps even in the souls of those who do not.

The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many

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.

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.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

Since Walter McMillan’s exoneration, decades of efforts towards equality and affirmative action have systematically set up a society geared to help people from disenfranchised groups. True equality in the eyes of the law can be more important than in the court of law, and this fact begs the question, should race and class of an accused criminal be considered in a court

Imagine a scenario where thoughts of harming your family, leaving your family behind, or even killing them yourself flash through your head, thoughts that if someone had to die you or your family, you would sacrifice your family. If it meant life or death, could someone kill an entire family and think nothing of it, for some people, the answer is yes. At certain points somebody might be able to muster up the willpower to cast their own family aside for survival. When in the Holocaust Elie Wiesel, the author of the memoir Night had to see betrayal all around him because people wanted to endure the entire Holocaust themselves. The people in this traumatic event didn’t care what they had to do to survive; some people would kill their family members just for an extra ration. These people would tear each other limb from limb utterly for a slightly larger chance of survival. When it comes down to it, humans have an innate cruelty within them. When faced with a life or death situation people will do anything to survive. Unfortunately, this cruelty

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

And it also appears that the justice system also doesn’t bother to address this problem, because when it comes to jurors it appears that you rarely see a black person in a juror but yet you see more Caucasian people than blacks in the jurors when it comes to the juror system. This problem doesn’t make sense but again the justice system is bias against the black

Have you ever pondered on the inequality of punishment within the United States, and its correlation with its judicial system? A land well known for its prestigious freedom, opportunity, and overall liberty, while its criminal justice system, is supposed to serve justice, but in actuality, justice for whom, for wealthier white men, rather than persons of interest like colored and marginalized people? Systematically, individuals continue to be segregated due to their race, and social class. As a result, this is supporting an unequal punishment for the same type of crime- separate, but unequal.

In the novel, “A Hope in the Unseen” written by Ron Suskind explains the journey of Cedric Jennings from the Inner City to the Ivy League. Throughout his journey Cedric Jennings has had to navigate many challenges first at Ballou High School, then MIT in the summer, and finally at Brown University. During his High school career at Ballou he received many backlash from his peers because of his devotion to his studies. In Ballou High School, “the school’s dropout/transfer rate at nearly 50 percent, it’s understandable that kids at Ballou act as though they’re just passing through”(Suskind 3) but not Cedric. He had a determination like no other to succeed academically where he would often stay after to finish his homework and work on SAT practice

The social problem between race and the justice system is a serious issue that is conflicting with the obtainable goal of the common good for society. Although slavery and the Civil Rights Movement have been long in the past, the words “inequality” and “racism” still headline everyday incidents that occur. Recent stories between African Americans and the legal justice system, illustrates that the United States has yet moved away from the idea of “racism” and that the minorities believe they are being under looked and being treated less than the average white American. Despite all the arguing and protesting that has been recently going on due to the Ferguson and Gardner cases, maybe there is a flaw in the justice system, which we call

Having the right writing skills sets a person up for success in life. Life, in terms of the business world, is based on two things: math and writing. Not being able to do both of those puts a person behind, and stops them from getting a job that is worth having. Both The Writing Revolution by Peg Tyre and A Hope in the Unseen by Ron Suskind emphasizes that without the right writing skills, an individual will be less successful. Writing should be taught in every class because it will be handy for any job they choose, and because it will be used everyday of their life.