Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse

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Black migration to Chicago in the 1960s resulted in a young uneducated population that worked

minimum-wage jobs and lived in poverty. These social factors resulted in an increase in criminal activity.

In order to eliminate the conditions in which crime grew the government attempted to eliminate slums and

ghettoes. The conflict in Vietnam resulted in an allocation of resources towards the war against

communism. Without government funding to improve living conditions major cities increased the

incarceration of drug and gun crimes as a temporary fix (54-56). The influx of these cases resulted in

dropped charges because courts could not process them in the required amount of time.

Cook County established drug courts in 1992. This was a designated night of the week which

allowed courts to deal with petty cases which otherwise would have been tossed out. As a result more

police officers were more willing to arrest and charge minor drug offenders (117-118). Prior to this police

discretion would have called for not charging such offenses because the resources to process these cases

were insufficient.

Other factors may speed up or slow the judicial process. The bench trial is a process where the

defendant waived his right to a jury trial. It speeds up the legal process allowing the Judge to decide the

case. A court does not need to go through the process of selecting the jury then conducting the trial (126-

127). Legal rights such as pro se where a defendant represents themselves are not encouraged. Normal

people have lack of legal knowledge and experience for an adequate defense. To keep this from dragging

the legal process Judges try to persuade defendants to not choose this option (146-147).

The case of Dan Young Jr. a mentally retarded man convicted of murder and sexual assault is an

example of legal reality does not complying with the empirical reality. Harold Hill, the man convicted

along with Young in this crime, confessed to the murder when being questioned by police for a robbery.

He named Young, and a man named Peter Williams as his two accomplices. All three men confessed to

the crime, however in reality Williams could not have committed this crime. He was in jail from

September 26 to October 25; the crime was committed on October 14th 1990. The charges against

Williams were dropped. The three men claimed to have confessed to the crime due to the method of

police interrogation. While he was interrogated Young waived his Miranda rights (201-203).

Young's mental retardation did not prevent him from standing trial. He was evaluated by two

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