Topic: Should the rights of the accused be curtailed? Can we as a nation, strike a balance between the liberty of the individual and the safety of citizens? And in order to strike that balance, should the bill of rights protect those accused of crimes? This contentious issue is one that causes us to truly think about our constitution’s purpose and how it is currently evolving within our country’s judicial system. On the one hand, many believe that because the nations’ crimes being committed are increasing in severity the rights of those accused of crimes should be curtailed. While on the other hand, many are not in favor of curtailing rights because they feel our legal system is designed to be just for all persons. The framers of our …show more content…
Those among the train were majority white males and black males with the exception of a few white women; while on the train, a group of white men started to antagonize the young black males on the train, starting a brawl amongst the two groups. The young black males fought back and ended up kicking the young white males off of the train. News of this brawl had gotten to the destination in route and resulted in a gang of white males to assemble at the next station stop. When the train reached the next stop, the gang of white men was already riled up and ready to take action. But as the young men were exiting the train, two white women that were on the train, told passengers and the mob of white men that the group of young black males had rapped them. This accusation would send the all nine of the young men to jail. This case would take place in a climate where racial tensions were definitely extremely high and had no respect for the law. The trails of Andy Wright, Willie Roberson, Charles Weems, Ozie Powell, Olen Montgomery, Eugene Williams, Clarence Norris, Roy Wright and Haywood Patterson began only twelve days after their arrest. The boys were offered an attorney who practiced not criminal law but real estate law, which deemed him unqualified right from the start. The defense attorney appointed not only deemed unqualified but he had not tried a case in decades#. The trails of the boys proved to be foul in numerous ways. First, the
This trial did not just impact the life of the boys it impacted the life of others, after this trial they looked at how they did all these cases. As the time went on there became more and more fair trails, less biased jury and judges. But it does still exist, racism in court many years later. But the trial from Scottsboro, Alabama with Olen Montgomery, Clarence Norris, Haywood Patterson, Ozie Powell, Willie Roberson, Charles Weems, Eugene Williams, Andy Wright, and Roy Wright all falsely accused of raping Ruby Bates and Victoria Price was a prodigious part of the way they treated trails against African
April 6, 1931, the trials for the Scottsboro boys begin(Uschan 16). The boys were represented by Milo C. Moody and Stephen Roddy who were only given twelve days to prepare for the trials. Stephen was and unpaid, unprepared real estate attorney, and Milo was a forgetful seventy year old local attorney who hadn’t tried a case in a long time (“San Marcos” line 13). The trails were completely unorganized and false information was stated throughout the whole thing. The cross examination of Victoria Price lasted minutes and the defense offered very little information to the judge. Six out of the nine boys ended up denying the rape while 3 admitted to it. Even though the three men didn’t rape the women, because of beatings and threats, they admitted to the gang rape. By the time the trail had ended 8 out of the 9 boys were convicted and sentenced to death. Since one of the Scottsboro boys was only thirteen, he was considered too young to be tried as an adult (“UMKC” par. 6-7).
Did you know that nearly 1 in 3 teens have admitted to being a victim of cyberbullying? That’s an absurdly large number of teens! But what really is cyberbullying anyway? Well, the Cyberbullying Research Center defines it as “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices”. Congresswomen Linda Sanchez is currently sponsoring a bill that would make bullying through an electronic means a federal crime and I wholeheartedly support it! Individuals should definitely be prosecuted for statements made on social media.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
We try to press against the boundaries of what we are allowed, walk a step past the edge. Our records will be scrutinized by Congress one day and decisions on whether to enlarge our jurisdiction will be made. Some day. We want the right to prosecute criminals of all races on all lands within our original boundaries. Which is why I try to run a tight courtroom, Joe. What I am doing now is for the future, though it may seem small, or trivial, or boring, to you” (Erdrich 229-230).
A very significant case in Cook County Courts was the Bridgeport case, known as a “heater” case because of the publicity that surround it, and the racial overtones (Bogira 181). The Bridgeport case involved three white teenagers, Michael Kwidzinski, Jasas, and Caruso that were accused of brutally beating two young black boys who were riding their bikes in the predominantly white neighborhood. The entire summary of the case, in Courtroom 302, was based around the fact that one of the boys, Michael Kwidzinski, was most likely innocent. The question then turns to the boy himself, Michael Kwidzinski; if he was innocent, why did hid then accept a guilty plea bargain?
The boys of the Scottsboro trials were never treated fairly from the beginning. The whole journey was filled with misconception. The journey began on the freight train, there was nine African Americans on a train car and with them, was a group of Caucasian men. It all started with one of the white males stepping on the hand of one of the blacks. Not too long after, the white males threatened the nine boys to leave the train car (Doc). After the nine black males refused their threat, a fight broke out between all of them. All of the members of the white group were thrown off the train, all, but one. The one that was left on the train went and reported the fight to the train conductor.
During the early nineteen hundreds many people especially in the south were often convicted of crimes for no other reason than their skin color and contrary to many ideas about our court system, we have not always been the most honest and unbiased people. One prime example of this is the case of the Scottsboro Boys and how they were accused of rape and had to go to court numerous times, almost everytime ending in the death sentence. The evidence in the case clearly points towards the innocence of the Scottsboro boys, evidence such as unclear stories from the girls, lack of bruises and marks indicating assault as well as a previous history of prostitution from both of the girls. This evidence helps to prove that Charles Weems and the Scottsboro boys were innocent and wrongly accused and convicted.
criminal justice system (CJS), but arguably Amendments II and IV are a citizen’s primary defense against law enforcement (Evans & Michaud, 2015).
the prisoners were lucky enough to escape the being lynched when they were moved into Scottsboro. In this trial, nine young, black boys were charged with the rape of two white girls while on a train. This case was a major source of controversy in the 1930’s. “Despite testimony by doctors who had examined the women that no rape had occurred, the all- white jury convicted the nine, and all but the youngest, who was 12 years old were sentenced to death” (“Scottsboro”). The boys’ lawyer, Samuel Leibowitz, did not even get assigned to the case until the first day of the trial. “If he could show a jury that these nine boys were innocent, as the record indicated, the jury would surely free them. To Leibowitz, that was simple!” (Chalmers 35). However, it was not that simple. Many white citizens would not change their minds about
In the year 1931, all nine of the Scottsboro boys Haywood Patterson, Charles Weems, Clarence Norris, Andy Wright, Ozzie Powell, Olen Montgomery, Eugene Williams, Willie Roberson, and Roy Wright are arrested and tried on charges of assault from fighting white boys on a train. Along with accusations made by Victoria Price and Ruby Bates that the boys raped them. Their trial begins April 6, 1931. All of the boys except for Roy Wright are tired and convicted, with the result of the death sentence, Roy Wright’s trial ends in a mistrial. Later the NAACP and International Labor Defense, fight to represent the boys. Even though there was no proof that the boys committed these crimes they
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up
The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm, ensure everyone’s safety, and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice system needs to evolve so it is important to create new laws to keep up with the evolution and new trends. As new trends and contemporary issues develop in society, they can have a direct impact on the different functions of the criminal justice
Every system has a foundation that it builds off of even the criminal justice system. America finds governmental and legal foundations within the Constitution and the Bill of Rights; as time has gone by there have been amendments added to these important documents. These amendments help to support the constitution as well as the Bill of Rights. The Amendments make articles within the Constitution and the Bill of Rights clearer or have modernized the rights making them more relevant to modern times. This paper will discuss the 4th, 5th, and 6th Amendments and how they are relevant to criminal law in not only adult court but
The 9-11 terror attacks greatly changed the scope of homeland security within the United States. The purpose of this paper is to determine if, following these changes to homeland security, the American people have sacrificed too much liberty in favor of security. In order to gain a better understanding of the liberty vs. security debate, this paper will first provide background information on how the process of homeland security originated in the United States and how it led to the creation of the Department of Homeland Security. Subsequently, this paper will analyze and evaluate arguments in support and opposition of the Patriot Act and its relation to the liberty vs. security debate. To conclude, this paper will draw on the presented argumentation in order to reach a decision on whether or not the American people have sacrificed too much liberty for security in post 9-11 America.