In this essay, I would like to reflect an article on The New York Times, ‘‘The Court Side Steps The Law, the South Caroline’s Poor Go to Jail’ ’on October 14, 2017.This article describes a man who was jailed or cited 270 times on the same charge, Trespassing without a lawyer. In America, the constitution is enshrined that you are entitled a counsel. The framer of the united states constitution has seen the of lack of liberty during the British colony and they know that unalienable rights of the citizen must be protected against the government. Thus, they had anticipated all the problems that citizen can face in their future interaction with the government and they put the six amendments in the bill of right which guarantees an accused person the right
• to a speedy and public trial by an impartial jury.
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In the land mark case of Gideon v.wainwrights. But today that right is systematically challenged. And this guy, Larsh Marsh who is 58 years old, disable person who has been to jail many times. Without a public defendant lawyer and proper criminal procedure. Instead of sending him to mental hospital and the resident, the police and judge are sending him to jail repetitively. From the article, we can see how the criminal justice system is not taking care of the poor society of the country regardless of their race, zip code and socioeconomic status. And this problem is not only limited to South Caroline, it might be endemic and happening all the country. Larry marsh and Gideon had a lot of similarity. Even, sometimes the court provided public defenses lawyers who are not qualified lawyers or sometimes they spend a little time with the defendants and they push you take a deal from the DA office. And this issue is multifaceted problem but the main issue can be summarized as
Most black Americans are under the control of the criminal justice today whether in parole or probation or whether in jail or prison. Accomplishments of the civil rights association have been challenged by mass incarceration of the African Americans in fighting drugs in the country. Although the Jim Crow laws are not so common, many African Americans are still arrested for very minor crimes. They remain disfranchised and marginalized and trapped by criminal justice that has named them felons and refuted them their rights to be free of lawful employment and discrimination and also education and other public benefits that other citizens enjoy. There is exists discernment in voting rights, employment, education and housing when it comes to privileges. In the, ‘the new Jim crow’ mass incarceration has been described to serve the same function as the post civil war Jim crow laws and pre civil war slavery. (Michelle 16) This essay would defend Michelle Alexander’s argument that mass incarcerations represent the ‘new Jim crow.’
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.
Justice is among the most significant moral and political concepts. The word originates from the Latin jus, meaning “right or law”. All throughout history, injustice has been an issue each individual has experienced during his or her daily life. Even today we are still experiencing riots and protests from African-Americans in order to attain justice. In Twilight: Los Angeles, 1992 by Anna Deavere Smith, readers see an example of injustice through the Rodney King case and the shooting of Latasha Harlins. Rodney-King and Latasha Harlins experienced racial injustice, which can be described as the denial of rights based on an individual’s race or racial background. Both two victims were mistreated for the color of their skin and were stripped
In the novel, The Jail: Managing the Underclass in American Society, Irwin claims that the jails are inhabited by individuals based on their offensive behaviors, and most importantly, based on their social status, notably being poor. “The public impression is that the jail holds a collection of dangerous criminals. But familiarity and close inspection reveal that the jail holds only a few persons who fit the popular conception of a crime…some students of the jail have politely referred to them as the poor” (Irwin 1). In Chapter one, Irwin describes what a jail entails. He explains that a jail is the foremost start into the criminal justice system. Those individuals placed in jails, normally do less than a year 's time in a jail. A jail is created for individuals who cannot make their bail, and most likely have committed a
Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...
In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).
The 6th amendement of the U.S. Constituion gurantees the acussed the right to a speedy trial. In New York more specifically, the prosecution must be ready for trial on all felonies except murder within six months, or the charges aginst a defendant can be dissmissed. However, an article written in The New Yorker by Jennifer Gonnerman about a young man named Kalief Browder, sheds light on a situation that is should have been handled more differently. Kalief browder spend three years on Rikers Island in what could only be described as horrible conditions, and suffered appalling violence, without ever being convicted of a crime. The failure of our Criminal Justice System not only deprived Kalief Browder the right to a speedy trial, but also robbed such a young man of an education, and most importantly his freedom. - Thesis Statement .
One reason we must have the second amendment is to protect the freedom for which our country fought so hard to win. The Declaration of Independence states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”[1] However, if these rights were ‘self-evident’, why did the founding fathers need to grant them to the states? We might as well ask why man is the way that he is, imperfect. We all wonder about this sad truth, but the fact remains that man is fallen. These rights are self-evident, obvious to human reason, but because humans are fallen, we are sometimes blinded to these apparent truths and we err in our rationality. King George was blind to these unalienable rights, as were Na...
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
Justice is often misconceived as injustice, and thus some essential matters that require more legal attentions than the others are neglected; ergo, some individuals aim to change that. The principles of civil disobedience, which are advocated in both “Civil Disobedience” by Henry David Thoreau and “Letter from Birmingham Jail” by Martin Luther King Jr. to the society, is present up to this time in the U.S. for that purpose.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
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
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 to judge 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. Was justice really served in the “State of Florida vs. George Zimmerman” case? Is our justice system fair to all races?
Echols won a district wide writing contest, he worked in the community with at risk youth. He received a two decade sentence for having drugs, money, and an unloaded rifle. In his case Echols was forced into selling drugs by the poor economy and not being able to find a job. He sold drugs to take care of his family and to put himself through school. He was nonviolent, did not have a record, and was a model in the community but due to his circumstances which left him no other choice but to sell drugs. If there was more money put into communities like Echols community, and not into prisons, Echols would have had a chance to a better life with his family. The judge was forced to by these sentencing laws to sentence Echols to 20 years after finding 44 grams of crack, almost 6,000 dollars to pay for school, and a rifle that had never been loaded. His lawyer argued that his case could have resulted in a probation term, but the Mandatory Minimums sentenced Echols 10 years for the drugs and another 10 years for the rifle. A heartbreaking case where a man who wanted to provide for his family, go to school, fell into tough times, and had no other choice but to sell drugs. His wife also spent all their savings in legal fees and lawyers. Mandatory Minimums not only sentenced him to 20 years, but also his family. His daughter is going to be without a
333-356. Mauer, Marc. A. The Race to Incarcerate. The Case For Penal Abolition?