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Racial injustice in the justice system
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What is Justice? Justice, as said by Dictionary.com, is the administering of deserved punishment by what is just by law. Can justice be served to everyone who has committed a crime? Two serial killers from South Carolina, Donald “Pee Wee” Gaskins (a caucasian) and Henry Louis Wallace (an African American) have killed a plethora of people. Their actions have caused justice to be equally served to them, despite the color of their skin. Gaskins and Wallace have committed the same crime, justice was served fairly to them because they were sentenced the same verdict. Wallace killed nine innocent women in North Carolina from 1992 to 1994, three years later, he received the death penalty from his trial (“Where are they now? Henry Louis Wallace,” …show more content…
For over two years, Wallace’s trial was delayed because of “DNA evidence from murdered victims, and jury selection” (Montaldo). Not only was there meticulous choosing of the jury to avoid bias, but there was also careful analyzation of the evidence to assure that the trial was sound. Of January 7, 199, the jury found Wallace guilty of “nine counts of first-degree murder, each on the basis of malice, premeditation, and deliberation, and under the felony murder rule” (“FindLaw’s Supreme Court of North Carolina Case and Opinions”). These nine counts of murder were decided by a open-minded, neutral jury, we know this because of the long time taken to select the jury. Gaskins argued that two of the jurors should have been dismissed because they claimed that he should be given the verdict of execution; but when inspected wholly, both jurors gave no opinion to Gaskins “guilt or innocence in the present case” (“State V. Gaskins”). Every claim that Gaskins made about the jury, the Supreme Court examined fully, which caused the jurors selected to be people who have no opinion of the case. Avoiding bias and making the trial even more honest in deciding Gaskins’ fate. Gaskins’ and Wallace’s verdict being decided by a jury rather than a judge, shows that not just one person person who made a decision about their fates, but it was many people who shared the same perception of these …show more content…
Wallace had Malcolm Ray Hunter Jr. as his defense attorney, while Gaskins had Jack Swerling (“FindLaw's Supreme Court of North Carolina Case Opinions,” Swerling). In 1982, Swerling was appointed by the justice system to defend Gaskins (Swerling). Even though Gaskins could not afford a lawyer, he was still given one to avoid the Supreme Court from hearing him claim that the trial was unfair because he had no one to defend him. Swerling has practiced “defending individuals accused of crimes” for over 40 years (“Federal Criminal Practice”). Gaskins did not just get a lawyer, he got an experienced lawyer, this is more than enough of what can be provided by the court system to help Gaskins, therefore, this seals every claim that there is not a fair trial in Gaskin’s case. Swerling claims that he has approximated defending 150 murderers (Swerling). With a lawyer with so much experience, even he could not get Gaskins out from underneath the federal law. Gaskins was not found guilty because of a bad lawyer, but rather he had a respectable upstanding lawyer to defend him. Wallace and Gaskins were both assisted in their defense and they still received the punishment that they deserved
In a Georgia Court, Timothy Foster was convicted of capital murder and penalized to death. During his trial, the State Court use peremptory challenges to strike all four black prospective jurors qualified to serve on the Jury. However, Foster argued that the use of these strikes was racially motivated, in violation of Batson v. Kentucky, 476 U. S.79. That led his claim to be rejected by the trial court, and the Georgia Supreme Court affirmed. The state courts rejected relief, and the Foster’s Batson claim had been adjudicated on direct appeal. Finally, his Batson claim had been failed by the court because it failed to show “any change in the facts sufficient to overcome”.
In Francis N. Stites' book, John Marshall, Defender of the Constitution, he tells the story of John Marshall's life by breaking up his life into different roles such as a Virginian, Lawyer, Federalist, National Hero, and as Chief of Justice.
The purpose of this essay is to compare three very similar cases, the Scottsboro Trials, Brown v. Mississippi, and the fictional trial of Tom Robinson in Harper Lee’s To Kill a Mockingbird; and to prove why the defendant of the third trial never had a chance. Each took place in the rural South in the 1920’s and 30’s and involved the unfair conviction of young black males by all-white juries pressured by the threat of mob violence. Each lacked the evidence sufficient for conviction, most especially for the death penalty. Last, heroes emerged from each trial and made small but solid steps towards equal justice for all.
One of the most intense group task experiences in the United States is that of serving on the jury of a death penalty case. This forces a group of complete strangers to come together and determine the fate of another’s human beings life. The court case of the State of Ohio v Mark Ducic, was of no exception. Ducic a 47 year old drug addict white male, was accused of committing a double homicide. In accordance with Ohio state law, murdering more than one individual is considered a mass murder and therefore the accused is subject to the possibility of the death penalty. Ducic’s victims included Barbara Davis, his domestic partner and drug addict, as well as a drug user that Ducic was an acquaintance with. The death of Davis was at first believed to be due to an overdose, but police informants identified Ducic’s voice on a recording claiming that he killed her. The other victim, the drug addict, was thought to be eliminated by Ducic for fear that he would inform the police that he killed Davis. Investigators believed that Ducic gave both victims a deathly amount of drugs that would make it appear as though they both simply overdosed. Ducic was found guilty on both occasions, yet a second trial in regards to his sentencing had to occur and another hearing had to be conducted on whether or not to remove the death penalty.
By definition justice means the quality of being just or fair. The issue then stands, is justice fair for everyone? Justice is the administration of law, the act of determining rights and assigning rewards or punishments, "justice deferred is justice denied.” The terms of Justice is brought up in Henry David Thoreau’s writing, “Civil Disobedience.”
The 1960's were characterized as an era full of turmoil. During this era, one of the most controversial topics was the fight over civil rights. One of the key political figures against civil rights movement and pro-segregation was George Wallace. Wallace represented the racist southern view. Many Americans were segregationist, but Wallace was adamant about the topic. Many established political figures were assassinated, during the 1960's. Martin Luther King, JFK, and RFK were all positive visionaries caused controversy throughout that decade. George Wallace was against the modern government, pro-middle class, and against civil rights. Wallace and many other visionaries were cut down to early in life. Wallace was not killed by the assassin's bullet but his political career was changed. The attempt on Wallace's life left him a broken man in a wheelchair. People remembered the George Wallace who smoked his cigar and denounced the State Department as communist. Wallace was a feared politician who lived in a state full of beatings and problems. Racism was the norm and Wallace took full advantage of this ploy to gain political attention.
Racial Disparities in the Criminal Justice System “We simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment,” stated Senator Russ Feingold. Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
On September 2, 2014, after three decades of waiting for their death row, Henry Lee McCollum, 50, and his half-brother, Leon Brown, 46, were declared innocent and ordered released with $750,000 in compensation from the state (Brothers Henry McCollum). After thirty years of isolation, the brothers are both mentally and physically affected. McCollum and Brown, who are now middle-aged men, have no education, job, or family, have to reorganize their lives in which they could have done 30 years ago. The two brothers, who were only scared, mentally challenged teenagers, while under pressure, confessed to committing a capital murder. Moreover, the question, whether race played a role in the two brothers’ sentence remain unjustified.
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system.
The Death Penalty Should Be Enacted In Illinois Due to the recent releases of newly exonerated Death Row inmates, individuals and organizations are calling for a moratorium- a cooling off period for state executions. The cases of just a few inmates makes it apparent that this would be a necessary step to save innocent lives. After 17 years in prison, Illinois Death Row inmate Anthony Porter was released from jail after a judge threw out his murder conviction following the introduction of new evidence. This reversal of fortune came just two days before Porter was to be executed. As reported in USA Today, Porter's release was the result of investigative research as conducted by a Northwestern University professor and students. The evidence gathered suggested that Porter had been wrongly convicted. Were these new revelations and the subsequent release of Porter a lucky break or a freak occurrence? Not likely, reports DeWayne Wickham, also of USA Today. He points out that since the reinstatement of the death penalty in the United States in 1976, of those sentenced to death, 490 people have been executed while 76 have been freed from Death Row. This calculates into one innocent person being released from Death Row for every six individuals that were executed. This figure correlates with the 1996 U.S. Department of Justice report that indicates that over a 7-year period, beginning in 1989, when DNA evidence in various cases was tested, 26% of primary suspects were exonerated. This has led some to conclude that a similar percentage of inmates presently serving time behind bars may have been wrongly convicted prior to the advent o...
Early in his career, Drummond defended two teenage child murderers and helped them escape their consequences. Due to this act, he entered Dayton surrounded by strong feelings of hatred. After his scientists were refused a spot on the stand, Drummond was enraged. Henry decided to put Matthew Harrison Brady on the stand to question him. “I call to the stand one of the world’s foremost experts on the Bible and its teachings – Matthew Harrison Brady” he insisted (Lawrence and Lee 82). After Cate’s verdict was announced, Drummond appealed it, causing it to be sent to a higher court. All these actions resemble the same activities of Clarence Darrow during the Scopes Trial. Clarence Darrow was frowned upon because of his success while taking on the teenage murderer’s situation. When he put William Jennings Bryan on stand, the crowd was shocked by his unorthodox action, but he knew exactly what he was doing. “On the seventh day of the trial, on a platform outside the Dayton, Tennessee courthouse, he called William Jennings Bryan to the stand as an expert on the Bible” (“People & Events” 1). His plan worked, allowing him to reduce the sentence to a reasonable consequence, but he was still unhappy about the verdict. He requested that the case be taken to a higher court in hopes of reversing the outcome. All in all, Henry’s actions are a near mirror image of Clarence’s.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
The movie “12 Angry Men” examines the dynamics at play in a United States jury room in the 1950’s. It revolves around the opinions and mindsets of twelve diverse characters that are tasked with pronouncing the guilt or innocence of a young man accused of patricide. The extraordinary element is that their finding will determine his life or death. This play was made into a movie in 1957, produced by Henry Fonda who played the lead role, Juror #8, and Reginald Rose who wrote the original screenplay. This essay will explore some of the critical thinking elements found within the context of this movie, and will show that rational reason and logic when used effectively can overcome the mostly ineffective rush to judgment that can be prevalent in a population. The juror that seemed interesting is Juror #8, who was played by Henry Fonda. Juror #8, or Davis, is an architect, the first dissenter and protagonist in the film. He was the first one to declare that the young man was innocent and he managed to convince the other jurors to see his point of view. Durkheim states that when we respond to deviance, it brings people together (Macionis, 2013, p. 159). We affirm the moral ties that bind us together, which was seen in the movie. At first, almost all of the jurors were so bent on convicting the young man based on their feelings, but they then started to analyze the facts and they came together to make their final decision.
A social inequality that I would say I’m concerned with would be, racial and ethnic inequality. Racial or ethnic inequality is often established based on characteristics such as skin color and other physical characteristics, or a person’s place of origin or culture. Another meaning of racial inequality would be the advantages and disadvantages that affect different races within the Unites States. Race has become a socially constructed category capable of restricting or enabling social status. Racial inequality can lead to diminished opportunities, which can also lead to cycles of poverty and political problems. With this minority members in a society can result in discriminating actions such as; exclusion, oppression, expulsion, and extermination.