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Racial inequality in the US justice system
Racial inequality in the US justice system
Racial and Ethnic Inequities Within the Justice System
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In order to become part of the Judiciary, you must first make your mark as a legal practitioner, which you cannot do unless you are rich, important and well known. Whilewe have seen some improvement in class diversity within the circle of legal practitioners. However it’s easy to say that old habits die hard as, majority of the Judiciary are still white, middle aged, wealthy men. In this essay the different requirement and training necessary to become a member of the Judiciary.
Barristers are may be seenby some, as having the higher status of the two profession(Barrister and Solicitor). The profession is governed by the Senate of Inns and Courts and the Bar Council (Andrew Mitchell and Minel Dadhania AS level Law). To be a Barrister you have to be a member of one of the four Inns of Court in London. Each Inn contains a great hall which is used for the formal dinner which still remains a part of the legal education Process for Barristers. 80% of Barristers are self-employed who respond to the Bar Council. Self-employed barristers work in offices called 'chambers', which they may share with other barristers. One of the main reasons for becoming a barrister despite the high risk due to costs, is the possibility of high earning potential.
Upon completion of their training, barristers apply for a permanent position known as 'tenancy' in a set of chambers. They provide specialist legal advice in verbal and written form and represent their respective clients in court. The role of a barrister is to restructure the client’s view of events and experiences into legal arguments and to make a persuasive argument the point of which is to obtain the best result for their client. All barrister’s have an overriding duty to the court as well as a...
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...er middle class, as strong connection within the circles are required in order to successfully become a member.
Works Cited
Andrew Mitchell and Minel Dadhania AS level Law Page 185
Owen Bowcott, legal affairs correspondent
The Guardian, Friday 15 November 2013 http://www.theguardian.com/law/2013/nov/14/fraud-trial-threatened-barristers-reduced-rate http://www.barcouncil.org.uk/becoming-a-barrister/why-become-a-barrister/what-do-barristers-do/ http://www.barcouncil.org.uk/becoming-a-barrister/how-to-become-a-barrister/pupillage/ http://www.legislation.gov.uk/ukpga/1999/22/notes/contents http://www.judiciary.gov.uk/about-the-judiciary/the-judiciary-in-detail/jud-acc-ind http://thejusticegap.com/2013/05/courts-accountability/ http://www.lawsociety.org.uk/careers/becoming-a-solicitor/routes-to-qualifying/ http://www.lawgazette.co.uk/58510.article Catherine Baksi
...te Standing Committee on Constitutional and Legal Affairs suggested a resigning age for all elected judges. This suggestion was focused around an apparent need to keep up fiery and element courts in opening up boulevards for 'capable legitimate professionals' to attain legal positions. It is likewise focused around developing group faith in a necessary resigning age for judges and to dodge 'the sad need' of uprooting a judge made unfit for office by declining health.
In conclusion, "To strive for justice, one must be a person of principles. There is no single principle that one can use to achieve justice in the resolution of legal disputes." This is true because one must use a wide array of principles that come from moral and legal perspectives in order to gain a resolution. Unfortunately society has deemed it necessary to incorporate social stratification into some of these principles. The law tends to have more leniencies to those who have higher positions in society. With as many classes as our society today, it is impossible to find a jury of peers. Each person has their own idea of cultural norms, legal and moral principles, and a socio-class in which they belong to. Therefore, I contend that social stratification, whether it is between races, or economical levels, will always have some role in legal decisions.
Imagine a tall slim man dressed in a very respectable iron pressed suit, with a tie that’s perfect length and fits nicely with the colors of his blazer. To go along with his suit, he carries a very affluent briefcase with a matching belt and shoes. This is the typical perception from students of someone that works in the legal profession, including the consumption of time spent on only work along with having a very stern look. However, a look at how it’s shown in the film To Kill a Mockingbird, it shows that things like standing for justice, having integrity, and being family-oriented plays a huge role in the lives of lawyers.
middle class, but they are in a category all its own. William Deresiewicz is not hesitant in calling
Justice was dilatory, expensive, uncertain, and remote. To the rich it was a costly lottery: to the poor a denial of right, or certain ruin. The class who might profit most by its dark mysteries were the lawyers themselves. (Plucknett 73)
The architecture of the courtroom establishes clear power disparities within the courtroom setting. The physical dimensions of Courtroom 5.1 were organised in such a way that the hierarchal nature of the court is visually clear from the moment you step into the room. The stratification of power amongst the courtroom actors is displayed through the ‘structural elevation’ of the seating (Carlen, 1976, pp. 50). The magistrate is seated at the uppermost level at the bench facing the defendant, solicitors and public gallery. This particular positioning demonstrates pre-eminence which allows com...
A predominant one are “legal advice clinics” set up by law schools which present an excellent opportunity to gain experience working on cases whilst also developing their key legal skills, supervised by an experienced practitioner. One example is the Northumbria Student Law Office, a successful clinical legal education scheme by Northumbria University [8], where students take part in a legal advice and representation scheme as part of academic development, covering a wide range of legal areas such as housing, family and employment [9]. Others include “Streetlaw”, where links are built with schools or community groups to assist students in researching certain areas of law, then prepare and deliver interactive workshops on them; volunteering with legal organisations (eg. Citizens Advice Bureau) to give advice or assist them in their services; work on cases involving potential miscarriages of justice (“Innocence Project”); and enhance advocacy skills through the Free Representation Unit (FRI), among others [10].
Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
It is widely acknowledged that the judiciary within England and Wales is not representative of the wider society. The composition of the judiciary is regularly subject to criticism on its apparent homogenous identity’ being largely comprised of elderly, white male barristers educated at Oxford or Cambridge. This ethos has prevented diversity within the judiciary, particularly the upper echelons of the judiciary. Academics such as John Griffith have suggested that the narrow range of the judiciary threatens to undermine public confidence in the judicial system. Similarly, Baroness Hale argues that a representative judiciary is paramount for directives associated with the promotion of equal opportunities and strengthening of judicial legitimacy. The government has attempted to combat these issues with statutory and procedural changes to the Courts and Legal Service Act 1990, the Courts Act 2003, the Constitutional Reform Act 2005, and the Judicial Appointments Committee. However, the government’s reforms have made little impact on the demographic profile of the judiciary, as the cornerstone of all judicial appointments is merit. Until diversity can break into the judiciary, particularly the upper echelons of the judiciary there will continue to be a lingering threat to the publics confidence of the judiciary as diversification has yet to materialize.
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Lawyers are hired by people and by businesses to help them in legal cases (“Lawyer”Whats para.1). Your skills in the field of lawyering will only improve with on the job training (“Lawyer” What’s para. 4). Almost all of your training will come from on the job by actually going out there and trying and learning from your mistakes (“Lawyer” What’s para. 5). Th...
Career as Lawyer or as Solicitor puts a person in a very respectful position in the society. Although the job and duties of this professional have been portrayed as attractive but in reality, they are very intense and hectic, still rewarding. One can gain expertise in many areas in Career as Lawyer. Some of the areas are Bankruptcy, Defense, Fraud, Tax, International, Criminal, Divorce, Social Security etc.
The judge also has the final authority to pronounce contempt of court in case of breach of discipline. In a civilized society, the court system is in vogue for the sake of justice. The judiciary is considered to be one of the four main pillars of democracy. In the present play, Vijay Tendulkar chooses a term of judicial register as the title of his play to make a powerful comment on a society with a heavy patriarchal bias that makes justice impossible and that converts the august judicial system into an instrument of oppression of women and the vulnerable. Ideally, justice can be provided only if the judge and the judicial system are objectively detached.