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Role of law in society
Role of law in society
The role of justice in society
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“In our daily lives, law affects how we behave or do not behave and possibly some of what we think, and it also governs many aspects of our lives.” (Barkan, 2009) Our legal system is what keeps our country cohesive and running. To evaluate the legal system and how it deals with the numerous things that go through it, one of the four major assumptions of law, its functions and dysfunctions and finally, how the law is defined. One could say that the legal system is corrupt and favors the elites. To better explain, the Ethan Couch case, or the “Affluenza” case will be used as an example. “Law reflects the type of society in which it is found.”(Barkan, 2009) This is one of the four major assumptions of law. This case involves a wealthy and privileged …show more content…
The term used to describe this behavior is “affluenza” which means Couch was a product of his wealthy environment and his parents never established boundaries for their son. In Layman’s terms, Ethan Couch did not know any better and therefore should not receive a punishment as severe as the one that he deserved. The presiding judge agreed with the defense team and rendered a 10 year probation sentence which caused outrage within the community as well as the …show more content…
There is one function of law that serves as a function, but could also be a dysfunction and that is that the law expresses a society’s moral values. Influential social groups can sway the law in their favor as seen with the Affluenza case. Another dysfunction is that the law may create and perpetuate inequality. This inequality can be seen in the Affluenza case. Firstly, there is inequality in the fact that several years prior to the Affluenza case, the judge sentenced a “16 year old who came from a poor background and had paltry court-appointed legal defense, got 20-years in prison while Couch, who came from a multimillionaire family, got off with 10 years of probation and a stint at a costly rehabilitation center in California after his private attorneys argued that he was too rich to know right from wrong.”(Bult, 2015) This is an example of the blatant inequality caused by the dysfunctions of the law. Secondly, this case set a precedence that because you are wealthy, privileged, and in some cases white, you may be able to avoid the consequences of your actions. You will just get a mere slap on the
Hariman, R. “Performing the Laws: Popular Trials and Social Knowledge” from Popular Trials: Rhetoric, Mass Media, and the Law, Robert Hariman, ed(s)., University of Alabama Press, 1990. 17-30.
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
Laws and punishments are placed onto society to maintain peace and order. Most laws are defined by a moral code, but there are those who believe laws are in place to suppress the lower class. According to the social reaction theory, “It favors powerful members of society, who direct is content, and penalizes the powerless. . .” (Siegel 190). This theory helps explains how minority street offenders can receive harsh penalties, while white-collar criminals receive lower sentences. According to the author, “And of course, wealthy white-collar criminals are not treated in the same harsh fashion as street criminals even if the social harm they cause is significantly greater” (Siegel 201). Laws related to the war on drugs are an example on how the
general, access to law has been held by specific groups of people: the wealthy, males, whites,
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,
The criminal justice system is defined as the system of law that is used for apprehending, prosecuting, defending, and even sentencing people who are guilty of criminal offenses. In many cases, race, class, gender, and even sexuality can impact due process and fairness within the criminal justice system. Sometimes if people don’t think they have a choice to receive justice, they may want to take law into their own hands. Whereas Others will try to get a lawyer so they can take it to court and follow the judicial systems laws to try convict the criminal. In certain situations as a defendant, your race, class, and gender can make a negative impact on the criminal justice response to the crimes. In the movies “Thelma and Louise,” “The Accused,”
“Until this century [20th], to consume was considered a bad thing” says Jeremy Rifkin an
Discrimination against the minority population is a major problem in the United States society’s justice system. There are many examples where African American and low-income minorities are treated differently and not given the chance to prove their innocence. The law enforcement promises to treat all men or women equal opportunity, but the same system has put 120,000 innocent African Americans in prison. While most of them still remain in prisons, injustice by law enforcements is still a burden to the minorities in America. Moreover, wrongful conviction is a horrible injustice when a person spends years in jail. This is getting recognized by the U.S. system but often late. In many cases by the time a person is proven innocent, he or she might
In “Mistakes, Misunderstandings, and Misalignments” Jules L. Coleman argues, “there is an inconsistency in how the standard of care is set versus how damages are awarded [in the criminal justice system]” (). Meaning, the law does not abide by the same verdict when punishing as when protecting. When penalizing, the law usually targets the financially unfortunate in this case Hector. Conversely, when protecting, the criminal justice system seeks to defend the affluent, Emily. This creates a double standard in which fear is instilled in the poor while a sense of security is granted to the
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
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Since even the earliest civilizations, there have been laws. Laws are a fundamental part of our government. They help the average citizen navigate through life when situations arise and accidents happen. They are there as guidelines for safety and overall well-being of a society. A citizen has the power to seek justice through the help of our court system. The legal system also determines the consequences for citizens who break the laws. For the “average citizen” the legal system is right and just.
Children are influenced by their parents’ action. If the parents are not teaching his or her child what is right from wrong, then it may leave the child to experiment for themselves, like becoming involved in bad activity. If a child commits a delinquent act his or her parent should be held accountable.
It is no secret that the American legal system is distinct from other developed Western nations in its practices and laws. This variation, termed “adversarial legalism” by Professor Robert Kagan in his book, Adversarial Legalism, has two salient features: formal legal contestation and litigant activism. In civil and criminal law, jury trials and a specific lawyering culture exemplify these traits. Though adversarial legalism responds well to the American desires of justice and protection from harm while simultaneously respecting the societal fear of a government with too much power, it leads to extremely costly litigation and immense legal uncertainty. To reconcile the American view of justice and the undesirable outcomes of formal contestation and litigant activism, the legal system has gone so far as to reform large parts of the system, including bureaucratic regulations and the plea bargaining process. However, as Kagan states, rather than reduce the costliness or uncertainty of the legal process, these procedural changes have merely lead to an increase in litigation and, therefore, an increase of adversarial legalism in criminal and civil law.
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law.