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Assess the effectiveness of the criminal trial process
Criminal trial process 3 p 4
Quizzlet criminal procedure
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In the movie The Hurricane, famous American middleweight boxer Rubin “Hurricane” Carter was wrongly convicted of a triple homicide in New Jersey on November 30th, 1966. Carter and his friend John Artis were convicted for murder at a local bar, Lafayette Bar and Grill. The stereotypical and persistent New Jersey police arrested Carter and Artis, with a 31 day trial taking place shortly after the arrest. An all-white jury convicted Carter and Artis of first-degree murder with the jury recommending life sentences. Carter then spent over 20 years of his life in prison as an innocent man due to the lack of equality and discrepancy in our justice system. Even without palpable evidence against Carter, he still was denied his fundamental rights and was treated like …show more content…
Carter’s case lucidly demonstrates how the function of the government is deceitful at times. Two of the three branches of the government that affiliate with legal matters can at times be biased. The legislative branch had 2 provincial court cases and 1 federal case. In my opinion, all cases should’ve have had a mixed ethnic jury instead of an all white jury. Additionally, I feel the federal hearing was the only reasonable trial as the judge was not biased and sensible. Judge Haddon Lee Sarokin (US Federal Court Judge) after 20 years, in 1986 finally set Carter at 48 years old to be free. Nonetheless, the judicial branch does and did discriminate. Specifically in this case, the jury and judges did discriminate intentionally. By having an all white jury, Carter was tried with an iniquitous jury. Thus, the Carter case clearly portrays the debauched ways in society and the government. As learned in Unit 1, procedural law is the steps that must be applied in legal action. Despite being qualified as police officers, judges and lawyers, the “law defenders” in this case were in my judgment not fulfilling their
The killings of unarmed black men have increased tremendously with different races to blame for. In January 2011, the life of Justin Patterson was snatched from him and his family by Mr. Neesmith, who only served in prison for one year. How do you think the community of Toombs County and Justin's family feel about him only serving one year in a detention center? Many people protested that the racial issues behind his travesty caused an upstir in the world, including the murder of Trayvon Martin that just recently happened in Florida during that time. However, Justin Patterson's murder did not make national news or even in the papers because most people thought he was just another dead man.
In June of 1998, a sadistic murder of a middle-aged black man from Jasper, Texas, rekindled memories of lynching practices from the blood stained American past. James Byrd, Jr., 49, was beaten savagely to the point of unconsciousness, chained to the back of a pickup truck by his neck, and dragged for miles over rural roads outside the town of Jasper. It is believed that Byrd survived through most of this experience, that is, until he was decapitated. Three white men, John William King, 23, Shawn Berry, 23, (both of whom had links to white supremacist groups) and Lawrence Brewer Jr., 31, were arrested. Brewer and King were sentenced to death for a racial hate crime that shocked the nation. Berry was sent to prison for life.
Throughout the entire film, viewers can witness how Steven Avery is being poorly treated because of his socioeconomic status, and the fact that he is different from everyone in the Manitowoc County. Steven was lied on, picked on, and accused of committing a crime he did not commit, all because he was looked down upon and viewed as being less of a person than everyone else in the community. Watching this episode invokes an emotion that is prevalent today with our justice system. Many minorities are falsely accused and falsely imprisoned due to personal vendettas from private citizens or members of the law enforcement. Others are disfranchised due to their socioeconomic status. Ultimately, there are numerous innocent men and women serving life sentences and are on death row for crimes they did not commit. As an illustration, in the year of 2007, Davontae Sanford, who was just 14 years old at the time, was wrongfully convicted of murdering four people and sentenced 90 years in prison. Sandford was an individual a part of the lower social class, coming from a rough part of Detroit, he was a victim of poverty. He stated how he was such a naïve kid and was coerced by detectives and his defense attorney to confess and plead guilty to murders he did not commit. Sanford told how his attorney commented, “you’re a black kid from the ghetto; these white people from the suburbs are gonna come in here and they’re gonna find you guilty.” He was exonerated June of 2016 after the real offender came forward and denied Sanford’s involvement in the murder. What is exposed as this bigger picture is how the criminal justice system is corrupted, being prejudice and stereotyping individuals based on their socioeconomic status is how the system seems to incarcerate people and sad to say,
Outside the courthouse in Newton, Georgia, in the early hours of January 30, 1943, Robert “Bobby” Hall was beaten unconscious by M. Claude Screws, Frank Edward Jones, and Jim Bob Kelley[1] while in their custody for the alleged theft of a tire;[2] Screws, Jones and Kelley were, respectively, Baker county sheriff, night policeman, and a civilian deputized specifically for the arrest.[3] Without ever recovering consciousness, Hall died as a result of a fractured skull shortly after his arrival at an Albany hospital that morning.[4] The NAACP and FBI investigated Hall’s death in the following months and federal charges were brought against Screws, Jones, and Kelley for violation of Section 20 of the Federal Criminal Code, which stipulates that no person may “under color of any law … willfully” deprive a person of “any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States.”[5] After being found guilty in the lower courts, the defendants brought their case to the Supreme Court on appeal, alleging that they had violated a state rather than federal law and, consequently, could not be held liable under Section 20. The Supreme Court’s central concern in Screws et al. v. United States was to interpret the intent and breadth of Section 20 in order to judge its constitutionality; in doing so, the Court struggled to reach a consensus regarding the definition of state action and the indefinite nature of the rights protected by the statute. Such consensus proved difficult, indeed, as the case was narrowly decided and divided the Court along deep constitutional lines; while a majority of the Court advocated reversal of the lower co...
“’He trusted me…. With my father, my reputation was solid,’” said Arthur Ashe, when he was falsely accused of destroying a cabin during a tennis competition in 1960 (Lazo 38-40). As an African American at the time, Ashe constantly faces discrimination and limited opportunities. However, despite having a more challenging childhood than his tennis playing peers, Arthur Ashe risen to become an admirable athlete and achieved his American Dream.
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
Juror #10, a garage owner, segregates and divides the world stereotypically into ‘us’ and ‘them.’ ‘Us’ being people living around the rich or middle-class areas, and ‘them’ being people of a different race, or possessing a contrasting skin color, born and raised in the slums (poorer parts of town). It is because of this that he has a bias against the young man on trial, for the young man was born in the slums and was victim to domestic violence since the age of 5. Also, the boy is of a Hispanic descent and is of a different race than this juror, making him fall under the juror’s discriminatory description of a criminal. This is proven on when juror #10 rants: “They don’t need any real big reason to kill someone, either. You know, they get drunk, and bang, someone’s lying in the gutter… most of them, it’s like they have no feelings (59).
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
This is a good case to show how it isn’t always the poor, black, or Hispanic groups getting tried for something they haven’t done. It shows that a white doctor could get his life destroyed by an unfair Judge and prosecutors.
In James S. Hirsch’s book about Rubin "Hurricane" Cater, Hurricane, the author describes how Carter was wrongfully imprisoned and how he managed to become free. Hirsch tells about the nearly impossible battle for Carter and his friend John Artis for freedom and justice. Both, Carter and Artis, were convicted of a triple homicide, and both were innocent.
We can conclude with her analyses that the criminal justice in America is biased an even though I don’t agree with the suggestion Alexander has heard from other people that mass incarceration is a “conspiracy to put blacks back in their place” (p.5). It is clear that the justice system in the US is not completely fair, and that collective action must arise to struggle it.
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
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.
The worst thing in life is paying for another man's mistake. Sadly, this is something that occurs frequently. After watching a video about the wrongful conviction and the imprisonment of Ronald Cotton, I was baffled. I find it absurd that an innocent person can lose their freedom for a crime that they were not involved in. Ronald Cotton is not the only unfortunate individual who has endured wrongful imprisonment. Bennet Barbour, James Bain, and many others have been convicted of crimes that they did not commit due to faulty eyewitness testimonies.
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...