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The legal system we abide by has generally served its purpose by providing order and justice in most situations that need legal obedience. However, on the premises of producing social change, the system has not proven to bring changes in society. Perhaps justification for this is explained by Clarence Darrow who argues that the law applies to and favors specific types of social classes. Robert Cover addresses how punishments from judges may counteract their purpose. Karla Fischer and her peers, along with Jackie Campbell’s “Walking the Beat Alone,” show how law has objectives to serve society, but do not supply social change and in fact hinder its progress. The film Eyes on the Prize portrayed the African American efforts in disobeying the law in order to make a statement. Lastly, Tom Tyler’s writing, Why People Obey the Law, he discusses laws that people do not obey purely because it is a law. The legal system’s role is thought to bring social change, however, the system is structured to favor certain groups of people and in many cases, statutes and legal decisions have counteracted their intentions and failed to create change in society.
In Clarence Darrow’s Address to the Prisoners in the Cook County Jail, he discusses the reasons for people being and jail and crime. Darrow believes that people are in jail because they are poor (Darrow 227). He thinks that the legal system favors those that possess wealth (Darrow 229). If there were less people whom are poor, there would be less crime. If it were easier for people to obtain wealth, there would be less crime. The legal system is structured so that those without money are unable to obey the law. He does not believe our system provides justice, but more or less just provides pro...
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...in, 2006. Print.
Cover, Robert. "The Violence of Legal Acts." Before the Law. 8th. Boston, MA: Houghton
Mifflin, 2006. Print.
Darrow, Clarence. "Address to the Prisoners in the Cook County Jail." Before the Law. 8th.
Boston, MA: Houghton Mifflin, 2006. Print.
Fischer, Karla, Neil Vidmar, and Rene Ellis. "The Culture of Battering and the Role of
Mediation in Domestic Violence Cases." Before the Law. 8th. Boston, MA: Houghton
Mifflin, 2006. Print
McCann, Michael.” Law and social movements.” In The Blackwell companion to law and society, ed. Austin Sarat, Malden, MA: Blackwell Pub. 2004.
Tyler, Tom. “Why People Obey the Law.” In Law & Society: Readings on the Social Study of Law, 474-496. New York: W.W. Norton & Co.
FILM:
Eyes on the Prize. Henry Hampton. PBS. 1990
“Corruption is like a ball of snow, once it’s set a rolling it must increase (Charles Caleb Colton).” Colton describes that once corruption has begun, it is difficult to stop. Corruption has existed in this country, let alone this very planet, since the beginning of time. With corruption involves: money, power, and favoritism. Many people argue today that racism is still a major problem to overcome in today’s legal system. American author (and local Chicago resident) Steve Bogira jumps into the center of the United States justice system and tells the story of what happens in a typical year for the Cook Country Criminal Courthouse, which has been noted as one of the most hectic and busiest felony courthouses in the entire country. After getting permission from one of the courthouse judges’ (Judge Locallo) he was allowed to venture in and get eyewitness accounts of what the American Legal System is and how it operates. Not only did he get access to the courtroom but: Locallo’s chambers, staff, even his own home. In this book we get to read first hand account of how America handles issues like: how money and power play in the court, the favoritism towards certain ethnic groups, and the façade that has to be put on by both the defendants and Cook County Workers,
“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.
As Elie Wiesel once stated, “I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented” (“Elie Wiesel Quote”). Michelle Alexander’s book The New Jim Crow, which discusses criminal justice and its role in mass incarceration, promotes a similar idea regarding silence when America’s racial caste system needs to be ended; however, Alexander promotes times when silence would actually be better for “the tormented.” The role of silence and lack of silence in the criminal justice system both contribute to wrongly accused individuals and growing populations behind bars.
Growing up in the post-Civil Rights movement of the 1960s, most US citizens have a broad and unspecific knowledge of this movement and its effects. Even fewer citizens know the causes and the driving factors of the movement. The Dredd Scott Decision, and Plessy v. Ferguson were two of the driving forces behind social change in the 1960s. There is a simple progression of American civil laws and the precedence they carry; likewise, the change in the American ideas of equality, and the interpretation of the 13th-15th amendments forged the way for these court cases to hold credence.
Domestic violence, or battering, is the establishment of control and fear in a relationship through violence and other forms of abuse. The batterer uses acts of violence and a series of behaviors, including intimidation, threats, psychological abuse, a...
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
Markovits, Daniel. "Democratic disobedience." Yale Law Journal June 2005: 1897+. Criminal Justice Collection. Web. 29 Apr. 2014.
Darrow, Clarence. “Address to the Prisoners in the Cook County Jail.” Before the Law: An
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,
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
According to Martin Luther King Jr., “There are two types of laws: there are just and there are unjust laws” (King 293). During his time as civil rights leader, he advocated civil disobedience to fight the unjust laws against African-Americans in America. For instance, there was no punishment for the beatings imposed upon African-Americans or for the burning of their houses despite their blatant violent, criminal, and immoral demeanor. Yet, an African-American could be sentenced to jail for a passive disagreement with a white person such as not wanting to give up their seat to a white passenger on a public bus. Although these unjust laws have been righted, Americans still face other unjust laws in the twenty-first century.
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.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the motivation of an individual as such. In this respect, Black?s theory is blind for social life, which is beyond the behavior of law.