Thomas Jefferson wrote, “The most sacred of the duties of government [is] to do equal and impartial justice to all its citizens.” The court system's role in America is to resolve any conflict between two sides and it is essential for a successfully functioning society, but in a country with 2.4 million people in prison or jail (Walmsley), is there a flaw in the system? We certainly have problems with our justice system where the court does not account for people tight on money and they are not presented with equal opportunity to make bail and to receive equal representation in a court of law.
Here in the U.S., bail has become with society where arrest are becoming common and someone has to go make bail for their release. Bail is a deposit
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There are many people in need of a, but there are not enough attorneys to meet demand. "National standards limit felony cases to 150 a year per attorney. Yet felony caseloads of 500, 600, 800 or more are common. A New York Times investigation found defenders with a total caseload of over 1,600 cases annually" (NLADA) This is a major problem leading to public attorneys have no time to spend on each case to effectively delivering a hard case in court. In fact, because of the overload in cases most defenders can't even spend good time with client and only having a few minutes per case. 90% to 95% of all criminal cases state and federal end in guilty pleas (Perry). The result is injustices before a trial and conviction of the …show more content…
Most Americans support balanced funding for prosecution and public defense, and national standards require it; but governments commonly spend three times as much on prosecution as on public defense" (NLADA). Why is the government more concern with bring more people in jail instead of giving them a fair trial. America now has the largest numbers of prisoners in the world, nearly 1 in 100 people are in prison or jail, a rate that is 5-10 times the number in Europe and other democracies (Committee). Currently the state and federal government has spend more than $74 billion a year on incarceration, now a third of the U.S. spending budget compared to a fourth in
In the report “Mass Incarceration: The Whole Pie” attorney Peter Wagner and policy analyst Bernadette Rabuy confirm “[t]he American criminal justice system holds more than 2.3 million people,” a fifth of which for a drug offense, most nonviolent. Why is it that the so called “Land of the Free” has so many of its citizens behind bars?
Currently in the United States, we have 2.3 million people incarcerated in prison and jail, and an additional 7 million people either on probation or parole, thus, making us the most incarcerated nation on the planet. In comparison, we have a bigger prison population than those of China and Brazil combined. Clearly, this has become a tremendous problem and has affected many people, generally poorer people of color. The people as described, usually come from a childhood of abuse, gang violence, poverty, and early victimization by law enforcement in impoverished neighborhoods. I believe the issue isn’t the people within the community, but rather the system the governors that community. I believe our corrupt justice system
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones” (Nelson Mandela, 1994). The United States of America has more people behind bars than any other country on the planet. The prisons are at over double capacity. It cost a lot of money to house prisoners each year. A large number of the prisoners are there because of drug related offenses. There are prisoners who have been sent to prison for life for marijuana related drug offenses. Many prisoners have been exonerated after spending many years behind bars due to the corruption in our legal system. 32 States in United States of America still execute prisoners even though there is no evidence to suggest that capital punishment is a deterrent. Prison reform is needed in America starting at the legal system and then ending the death penalty.
Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73.
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
We Are Spending Too Much On Prisons Would you believe that America has spent around five hundred billion dollars on prisons? Butterfield: Why are the taxpayers of America spending so much money on prisons and not other effective solutions to stopping crime? American legislation is closed-minded about reducing crime. They believe that prison is the only solution.
Throughout history into today, there have been many problems with our prison system. Prisons are overcrowded, underfunded, rape rates are off the charts, and we as Americans have no idea how to fix it. We need to have shorter sentences and try to rehabilitate prisoners back to where they can function in society. Many prisoners barely have a high school education and do not receive further education in jail. Guards need to pay more attention to the well being of the inmates and start to notice signs of abuse and address them. These are just a few of the many problems in our prison systems that need to be addressed.
.... J., & Langton, L. (2010, Sep/Oct). A national assessment of public defender office caseloads []. Judicature, 94(2), 87-91. Retrieved from
Is our justice system fair to all? Although the answer to this question is an opinion, there are pieces of evidence and commentary to defend this argument. The process of the legal system itself is all an opinion because in the end, the only person whose judgments matter is the judge himself. Over time, the wrong people have been arrested for the wrong things. Living in the United States, a country where crimes are committed constantly; we count on this system to make the right decisions. It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people from judging right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals.
According to the Bureau of Justice Statistics, in the year 1980 we had approximately 501,900 persons incarcerated across the United States. By the year 2000, that figure has jumped to over 2,014,000 prisoners. The current level of incarceration represents the continuation of a 25-year escalation of the nation's prison and jail population beginning in 1973. Currently the U.S. rate of 672 per 100,000 is second only to Russia, and represents a level of incarceration that is 6-10 times that of most industrialized nations. The rise in prison population in recent years is particularly remarkable given that crime rates have been falling nationally since 1992. With less crime, one might assume that fewer people would be sentenced to prison. This trend has been overridden by the increasing impact of lengthy mandatory sentencing policies.
They are hired by the defendant and sometimes even appointed to someone that is not able to pay for one. The Sixth Amendment of the Constitution guarantees every person the right to be represented by a qualified attorney. In Miranda V. Arizona, the Supreme Court mandated that every person who is arrested be informed of this right and that if they cannot afford an attorney, the court will provide one (Klein, 2012). These defense attorneys are impelled by law to assist their clients by making sure that they are treated fairly by the United States justice system. Their jobs see that people are granted the right to a trail by a jury of their peers, the right of innocent until proven guilty, the right to a speedy and public trial, and the right to remain silent (Klein, 2012). Lawyers are a necessary part of the criminal justice system.
In the criminal court, you are looked upon differently because of the conviction. Everyday life will be hard because you can get rejected from jobs, loans, licensing, traveling out the country, and even housing (Messina). Bail reform to let people who have a charges that is not violent and a treat to the community go into program like a house arrest is more fair than to have them sit in a jail til who knows when the trial is. Staying a jail only will only expenditure more tax people money. As the court system is increasingly taking longer and longer to discharge cases due to shrinking budgets and a rollback on available resources, the possibility of a lengthy pretrial detention only increases, inviting the risk of detainees losing jobs, missing social and familial obligations and incurring social stigma (Reese).
With the substantial increase in prison population and various changes that plague correctional institutions, government agencies are finding that what was once considered a difficult task to provide educational programs, inmate security and rehabilitation programs are now impossible to accomplish. From state to state each correctional organization is coupled with financial problems that have depleted the resources to assist in providing the quality of care in which the judicial system demands from these state and federal prisons. Judges, victims, and prosecuting attorneys entrust that once an offender is turned over to the correctional system, that the offender will receive the punishment in which was imposed by the court, be given services that aid in the rehabilitation to those offenders that one day will be released back into society, and to act as a deterrent to other criminals contemplating criminal acts that could result in their incarceration. Has our nations correctional system finally reached it’s critical collapse, and as a result placed or American citizens in harm’s way to what could result in a plethora of early releases of inmates to reduce the large prison populations in which independent facilities are no longer able to manage? Could these problems ultimately result in a drastic increase in person and property crimes in which even our own law enforcement be ineffective in controlling these colossal increases of crime against society?
Bailment is a technical term of Common Law, though etymologically it might mean any kind of handling over. It involves change of possession. One who has custody without possession, like a servant, or a guest using his host's goods, is not a bailee. But, constructive delivery will create the relation of bailor and the bailee as well as actual.