There are three components of the U.S. Criminal Justice System today, law enforcement, courts, and corrections. Anyone who is arrested will go through all three aspects without even being found guilty. However, one that most people seem to remember the most as a defining factor would be when they were in court, during this time there are many rules, procedures, and codes of conduct to follow. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. Whether the charge is a felony or a misdemeanor the defendant is entitled to a fair trial in front of an impartial, honest judge or jury. Consequently, this is not always the case. Most of the courts have flaws where most public defense …show more content…
All they care about it winning because it will help make a name for themselves. The Office of Professional Responsibility, also known as the OPR, found more than six hundred and fifty infractions through the freedom of information act and over four hundred were major infractions between the years 2002-2013 (Hundreds of Justice Department Attorneys). Proving the fact that the system is flawed. There is one attorney that was described, “as a talented, effective prosecutor willing to bend the rules to get results” (Hundreds of Justice Department Attorneys); doesn’t exactly sound correct since everyone has the right to a fair trial given by the sixth amendment (Schmalleger, 2016).
However, attorneys are not the only ones in the court procedures that have done something wrong. There is an increasing number of judges that are getting caught as well. Most of them are getting caught accepting bribes in some form. There was an Arkansas judge that reduced the amount of money the nursing home had to pay the plaintiff because they donated money to his campaign (Former Judge Sentenced). Another judge had accepted about $2.2 million to send kids to the juvenile facility, putting about 2,000 “juveniles” there that didn’t deserve it.
It is hard to believe that a system that is supposed to promote fairness wouldn’t be so corrupt. However, there are ways to help this section of the Criminal Justice System become less flawed. For the public defense attorneys, an increase in
The speaker argues that the criminal justice system in America treats you better if you're rich and guilty than if you're poor and innocent. Do you agree? Why or why not?
Today, in the United States, most citizens are able to appreciate the fair, balanced legal system that is in place. The country suffered many failures before establishing the United States Constitution, and later the Bill of Rights, which became the foundation of the country’s legal system and protection of the citizens’ rights (American Sentinel University). Citizens may take their right to trial or their right to due process for granted, without realizing how life was before these rights were recognized and established. Until the Constitution in 1787, the justice system was not permanent and not quite clear, causing unfair and unjust treatment. Of course, no system can be perfect, but it is possible to discover options that suit the wants
The same kind of good evil scenario between the defense attorney and prosecutor’s office is also evident in the television show Law & Order. Although that show does not often portray one side as only good or only bad, there have been times when it has created defense attorney characters who have taken advantage of the law to force the system to completely exonerate their clients, which makes them appear to be evil people who are “cheating” justice. Reality and Fiction: the True View 3 The reality of attorneys on opposing sides of a case is that they are seldom easily identified as good or evil persons and just because they are working for the defense or the prosecution does not indicate the type of person they are (Steinberg). Both are expected to act legally and both have pressures on them that affect their work and who they are. Simply the side they represent does not alone affect the kind of person they are. As to how they try their cases, attorney ethical codes require attorneys to “zealously” pursue their case for the benefit of their client to the extent the law allows (ABA). This means that if a defense attorney sees an opportunity for his client to be set free then he or she must use it because that is their job. It is the job of the prosecutor to assure the defense does not have those opportunities. Again, this does not reflect on the quality of their character. The same thing can also
The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for
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.
The three components of the American criminal justice system are the police, courts, and corrections. These components operate independently of one another and maintain different goals, histories, and operating procedures (Neubauer & Fradella, 2017). There are two commonly accepted models of the criminal justice system, the crime control model and due process model. These two models vary at the basic level, the crime control model aims to protect society at all costs while the due process model protects the rights of individual citizens (Neubauer & Fradella, 2017). Americas criminal justice system is plagued with multiple issues that drive a wedge between the people and the criminal justice system, such as inconsistencies within the law,
“…and to ensure fair and impartial administration of justice for all Americans,” is the final part of the United States Justice System Mission statement. That is, however, not the case in the slightest. America’s justice system is messed up, broken, one might say. There are several groups throughout our country that face harsher sentencing for the same crimes other groups do, and that is in no way ‘fair and impartial.’ America’s justice system does not treat everyone that is convicted equally or fairly.
The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the
Court reform has become a big issue in today’s line of justice because in the criminal courts, defendants accused of crimes but not yet found guilty of anything languish in jails awaiting the lengthy processes of trial while victims of crimes feel deprived of anything approaching equal access to the scope of rights afforded to those accused of crimes. In civil courts, there are allegations that many litigants file frivolous lawsuits, playing "liability lottery" in hopes of hitting a jackpot whether their claim has merit or not with a resulting outcry from some quarters demanding "tort reform" by those who would set up barriers to litigation
Felony defendants are significantly younger, overwhelmingly male, disproportionately members of racial minorities, more likely to come from broken homes, less educated, more like to be unemployed, and less likely to be married (Neubaur & Fradella, 2014). There are three characteristics of defendants—sex, poverty, and race. They possess few of the skills needed to compete successfully in an increasingly technological society. They are drawn from what sociologists call the urban underclass. The court personnel have little empathy with or understanding of the types of defendants whose fates they must decide. Members of the courtroom work group are essentially middle class.
The problem of judicial corruption in United States is immense. The Sixth Amendment in the United States Bill of Rights refers to the right to a speedy, fair and public trial. Unfortunately, our judicial system does not always maintain these rights. The United States judicial system is very corrupt and most of our country’s citizens do not know how corrupt it actually is. When thinking about the judicial system, words that come to mind are justice, morality, and fairness. Sadly, these words are not accurate descriptions of this system. Correct depictions of today’s judicial system are corruption, rigged courts, extortion, and phony trials. Our legal system does not bring truth or justice to our courtrooms. Overcoming this corruption is not
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
When people face the law in court it affects their lives. An innocent person that faces criminal charges is the scope of the crime. To clarify, the innocent person can easily be found guilty in court if the District Attorney has enough evidence to prove the defendant crime and if the defense lawyer is unprepared to bury the evidence. However, many District Attorneys’ are not honest when it comes to evidence. For example, the District Attorney may put a false witness in the stand to testify against the defendant. Their goal is to manipulate the jury to make them believe that there is enough evidence to procure a guilty verdict. Same goes for personal injury and medical malpractice cases. The majority of personal injury and medical malpractice cases get thrown out due to the lack of evidence to proof the plaintiff (the person that is suing) damages. Another way to see this as selfish justice. Lawyer, clients, witness, and judges are consider as selfish justice because the lack of consideration of others, justice, and respect.
It first starts with a crime being committed, let’s say Joe shot and killed Alex. A bystander reported the shooting to the police, the police and investigators that get assigned to this homicide, work with other members of the police system to investigate what happened and who was responsible for the crime. The police then determine that Joe shot and killed Alex. Joe is then found and arrested on murder charges. Now remember Joe is innocent until proven guilty by a judge or jury of his peers. This all happens within the Police system.