Examples Of Unjust Laws

Has the criminal justice system always been unfair to minorities? Lauryn Hill, a famous songwriter talks about several things that opened the eyes of citizens everywhere across this nation in her album MTV Unplugged No. 2.0. In her song, “Mystery of Iniquity” she exposes the unjust court system and how everyone plays a part. The word iniquity means immoral unfair behavior. In the song Lauryn is trying to understand the meaning of the unfair behavior by the criminal justice system. She released this album in 2001, and she was not wrong for publicizing her views on this masterpiece of an album. We tend to forget that under President Clinton’s term, he enforced the 3 strikes and you're out policy, which placed more African American men in person for using crack cocaine than ever before. In the early 2000s, African Americans made up nearly 80% of a prison's population due to the federal crack cocaine laws and they also served more time in prison for drug offenses than their white counterparts. However, during this time period more than 67% (⅔) of crack cocaine users were either white or Hispanic.

In today’s modern world, many people would be surprised to find out that there is still a racial caste system in America. After witnessing the election of a black president, people have started believing that America has entered a post-racial society. This is both a patently false and dangerous mindset. The segregation and stigma of race is still very much alive in our society. Instead of a formalized institution such as slavery or Jim Crow, America has found a new way to continue the marginalization of blacks by using the criminal justice system. In Michelle Alexander’s book “ The New Jim Crow”, she shows how America’s “ War on Drugs “ has become a tool of racial segregation and how the discretionary enforcement of drug laws has

The criminal justice system in America is a system designed to work in three distinct steps. The first being to fairly identify those breaking the law, second, create a process through which to both punish and rehabilitate criminals, and lastly integrate them back into society. The current system typically goes unquestioned, as those in the system seem to be deserving of what ever happens while they are in it, even once they have served their prison sentence. It is only upon deeper inspection that we begin to realize the discrimination and unfair tactics used to introduce certain groups of society into the criminal justice system and proceed to trap them there. This is the issue addressed in Alexander’s The New Jim Crow, and it is through arrests, sentencing and further upon release from jail that this oppressive system is created and maintained.

However, he then distinguishes between just and unjust laws, insisting that an individual has both a right and a responsibility to break unjust laws. He defines just laws as those that uphold human dignity, and unjust laws as those that “degrade human personality.” Unjust laws, he argues, hurt not only the oppressed, but also the oppressors, since they are given a false sense of superiority.

This paper takes a leap into the corrupted side of the criminal justice system. After analyzing several articles regarding wrongful conviction cases in the Unites States, it is apparent that wrongful conviction cases occur more often than society believed. It has come to surface in recent years that wrongful convictions are a big problem with our criminal justice system. Researchers have discovered the causes of wrongful convictions to be bad lawyering, government misconduct, informants, false confessions, flawed forensic science and eyewitness error. Furthermore, this paper explores the affects victims face due to a wrongful conviction. As society has begun to steadily realize that miscarriage of justice is a possibility, researchers have considered reforms to the criminal justice system.

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

The premise of the ‘The New Jim Crow: Mass Incarceration in the Age of Colorblindness’ by Michelle Alexander, is to refute claims that racism is dead and argue that the War on Drugs and the federal drug policy unfairly targets communities of color, keeping a large majority of black men of varying ages in a cycle of poverty and behind bars.

A racial hierarchy exists relating to blacks and the criminal justice system in the subject of drug abuse arrests and convictions. Government research according to The Sentencing Project (2011) has shown that drug use among blacks is no higher than use among whites but yet seventy-nine percent of drug defendants in 2011were black. The participants in the criminal justice system such as police, judges, lawyers and corrections officers may be part of a dominant group and use their ethnocentrism to create bias and discrimination based on cultural differences. There is the overt bias and prejudice that an urban area with large black and minority populations is crime ridden. This in turn is cause for over policing with arrests of blacks more often in open air drug markets. A study done by Katherine Beckett (2006) in Seattle showed the disparity between white and black drug dealers in different ethnographic

The New Jim Crow argues that our country’s federal drug policy unfairly targets people of color, which keeps millions of young, black men behind bars, and in a cycle of poverty. The book starts off by disproving claims about racism being dead. Alexander goes on to state an enormous amount of African Americans are still not allowed to vote because of the rule, felons cannot vote. This is unfair because thousands of African Americans have served time in prison as a result of drug

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).

In her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2012), Michelle Alexander empathizes on the issues of the complex of criminal justice systems which has a significant impact on people of color as The New Jim Crow. She also attaches significant to the racial dimensions of the “War on Drugs” because the convictions for drug offenses are only the most important cause of the explosion in incarceration rates in the United States. This argues that federal drug policy inequity targets groups of color, keeping millions of young, black men in a vicious cycle behind the bars.

The author, Michael Alexander an advocate, a legal scholar and a renowned civil rights lawyer has dedicated her career fighting racial injustice, especially in the American Criminal Justice system. The main argument of her book is therefore based on the fact that the racism infects every stage of the criminal prosecution system in a bid to influence the understanding of the public regarding the war on drugs and its effect on the entire nation. The book thus argues that the war on drugs and mass incarcerations are a representation of the previous racialized social control forms such as Jim Crow and slavery. The author thus claimed that there more blacks under the control of the criminal justice system currently than the number of African Americans who were enslaved in 1860. The

Only five percent of the world’s population live in The United States of America, but twenty-five percent of the incarcerated people live here. Our country has the highest incarceration rate in the world, and not because we are criminals, but because prisons operate under a corrupt system.“We only kill black people.’ Police Officer Says During Traffic Stop”. Yes, unfortunately, this is a legitimate news article published by Christine Hauser and Jacey Fortin on August 31, 2017. We are currently living in a society where wealth and race dominate exterminating any sense of justice and kindness remaining in our society. Bryan Stevenson’s book Just Mercy is a memoir about how our justice system is shaped in a way in which according to Bryan Stevenson, “treats you much better if you are rich and guilty than if you are poor and innocent ”(Stevenson, Bryan. "We need to talk about an injustice." TED. Feb. 2012. Lecture.). In addition to this, it also treats you better if you’re white. This memoir also tells us how the system treats the accused, the incarcerated, and the condemned many people based on their race and socioeconomic status. In other words, the system is shaped in a way that the broken get punished because the system wants them to remain broken. In Just Mercy, Stevenson successfully uses ethos, pathos, and logos to persuade his audience to see a different perspective of our justice system which I believe is the reality of our justice system.

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

To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,