...David Tillman Professor Kathrine LaPrad Critical Thinking ID 301 28 October 2011 Reevaluating the Judicial System: Does Race Determine the Severity of Your Sentence? If a white and black man both commit robbery under similar circumstances who will receive a more severe sentence? In this essay we will review instances that will help to determine if the judicial system needs to be reevaluated due to racially unfair sentences. The judicial system was created to interpret laws instituted by the state or federal government. It was also brought about to serve as a setting where individuals can have their disputes resolved (www.answerbag.com). Many issues over the years have come up where race has played a major issue on what kind of sentence is handed down to the accused and continues to go on to this day. Any system can only be as good as its contributing parts. The criminal justice system constituent parts are imperfect human beings. Through multiple research that had been deemed sufficient; a decision of whether the racial bias that is within the system is the fault of the system or the people who create the system had yet to be determined. There is no doubt that there is a need to eliminate racial bias within the criminal system because it does exist. The question that keeps coming up is whether the changes need to be made within the system or within the society that it is a part of. Does Race Decide Your Sentence Severity? In every state statistics show that the prison...
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...Freedom, Amendment XIV). In the United States, the criminal justice systems follow the adversary approach which requires following proper procedures designed to protect the rights of...
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...The Texas Judicial System The Texas Judicial System The Texas judicial system has been called one of the most complex in the United States, if not the world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution. The Texas Supreme Court and Texas Court of Appeals has a bifurcated appellate system at the highest level. Civil case appeals by the Texas Supreme Court, which also maintains the responsibility for licensing attorneys. For appeals on criminal cases those got to The Texas Court of Criminal Appeals. In times where the Death Penalty is in question cases are automatically and directly appealed to this court, bypassing the intermediate appellate court level. Jurisdictions between the two are not shared; all civil cases go to the Texas Supreme Court hears all civil cases while the Texas Court of Criminal Appeals hears all criminal cases. However, there is one area where the Texas Supreme Court impacts criminal law which is juvenile law. Juvenile proceedings are considered civil in nature; so, the Supreme Court hears such cases. As a general rule, the Texas Supreme Court defers to the Court of Criminal Appeals when it comes to interpreting the Texas Penal Code in juvenile cases. The state of Oklahoma and Texas are the only states where this type of appellate system is at the highest level. The state...
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...U.S. Judicial System Assessment Timery Toupin Baker College U.S. Judicial System Assessment There are several options available today when forming a business depending on the size of the business and number or owners involved in it. Each has advantages and disadvantages which I will discuss briefly here. The sole proprietorship is the least complex and cheapest form of doing business. It is a company with one owner and it is not registered with the state. Starting a sole proprietorship requires no formal paperwork or license, all you do is create it and go into business. The tax advantage of them is that any profit earned is treated as your personal income, and not treated separately by the IRS. Thus, you do not need separate or special taxes prepared each year for the business. These are the advantages of sole proprietorships. The largest and most daunting disadvantage is that any debts or legal judgements against your business are your personal responsibility. Your personal assets are fair game if you are ever sued or run into financial issues while doing business. Corporations are another form of business with several pros and cons to it. A corporation biggest pro is that it protects its owners from legal liability. Once the business is incorporated, the law sees it as a separate entity, and the owner’s legal liability for the business’s debts and activities becomes limited. Corporations are also able to issue stock, so it is a strong selling point for...
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...Persuasive Essay The young people in the United States of America are motivated to do bad things like robbing, killing, drug dealing and other felonies. These minors commit serious crimes, but the law is soft with them. So they continue in the streets robbing and killing because they know that nothing will happen to them because, simply put, they are minors. I think if a minor kills a human being they should be killed as well, regardless of age. As a minor you should know it’s wrong to take another life. There was one crime in particular that caught my eye and I believe it was called the Pearl High School shooting in Pearl, Mississippi. Sixteen year old Luke Woodham woke up on October 1st, 1997 and stabbed his mother to death as she peacefully slept in her bed. After stabbing her, he drove his dead mom’s car to school, walked in the front door of the school, and opened fire. After a couple minutes of shooting he got back into his moms van and tried driving off. The school principal had a gun in his car so he retrieved it and somehow stopped Luke. He asked Luke why he shot his kids and Luke replied “Life has wronged me, sir.” A couple minutes before the shooting started he gave this message to a friend "I am not insane, I am angry. I killed because people like me are mistreated every day. I did this to show society, push us and we will push back. All throughout my life, I was ridiculed, always beaten, always hated. Can you, society, truly blame me for what I do? Yes, you...
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...Racism and Our Justice System Even after everything the United States (US) has been through involving the racism and stereotyping of non-Caucasian people; the people who are sworn to protect these people and treat them with the equal treatment they show to all other people, are some of the main contributors to the corruption of the US Justice System. African Americans face many discriminating obstacles while being incarcerated, some of these discriminating barriers consist of: higher cost of bail, longer sentencing, and unlawful plea bargains, all compared to a Caucasian facing charges for the same crime. Firstly, with my personal opinion I think the amount for bail should be decided by the offense, so every offense has a set bail cost. Then if people get charged multiple times for the same offences just double the cost of bail, people will soon learn from their mistakes. Anyway, studies show, significantly in three counties: Barnstable, Berkshire, and Plymouth, all in Massachusetts, the cost of bail for whites is substantially less than that of African Americans. In Barnstable, the cost of bail nearly quadruples black cost from white. Blacks median bail cost was 20 thousand dollars; whereas, whites cost of bail was a median 5 thousand dollars. In Berkshire however, even though bail is only 5 thousand dollars for blacks it is 5 times higher than that of whites coming in at a median 1 thousand dollars(MassInc Staff). Secondly, according to the National Association for the...
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...Sexism Sexism plays a role in every country across the globe,some more prominent than others. What is sexism ? Sexism is the discrimination and the view of one sex greater than the other.Even in the modern world today,sexism is in the judicial system,in religious sects,workplaces and relationships.Society has stereotyped gender to what individuals view as the “norm” for a certain gender. The term sexism was established in the 1960’s feminist movement portraying particularly to women's rights but has grown to a more modern term. Sexism in the judicial system has been an underlying problem in our society that many do not wish to talk about . Many studies have proven that in the area of sexual crimes...
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...The United States has incorporated several aspects of the Roman Republic's government into the United States' government. Our judicial system has integrated some of the principles that the Roman Republic's judicial system created. One such principle is that statement, "Innocent until proven guilty". This statement declares that until solid evidence is presented to prove the accused party guilty, they are assumed to be innocent. Another concept that the American government has taken from Roman government is named in our 6th amendment. The accused party has the right to address their accuser and defend themselves against the charge. The most prominent example of Roman government in our government is trial by jury. In the United States, a jury...
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...The judiciary is a government branch responsible for interpreting the constitution. Strict constructionists and judicial activism are two sides of the same body that guide a judge in the decision making of court cases. Strict construction is defined as the interpretation of the law while basing the argument on the narrow and literal meaning of the law. It does not make exceptions for the difference in times of writing the constitution and conditions experienced today, changes in the society and innovations. Judicial activism, on the other hand, considers what the language of the policy maker intended to capture from an extended point of view to consider the societal complexity and current standards of conduct for humans (Pandey, 2012). The strict constructionist limits the judicial discretion, restricting judges in determining legal cases and especially those outlined in the Constitution. Their discretion is only allowed when the decision is necessary for resolving a substantial dispute between antagonizing parties. It expects judges faced with constitutional questions to allow substantive deference to ideas argued by elected branches and restrain their actions only when there are clear violations of the constitutional limits (Mark, 2012). The concept controls the court to interpret laws and take part in policy-making. Judges are expected to pass...
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...Recently many conversations in the judicial system have brought up the topic of prison overcrowding. While the situation has been brought up more often with in the past years, the overcrowding issue has been around since the 1970s. Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners in the place. It occurs when the rate at which people are incarcerated exceeds the rate at which other prisoners are released or die, thereby freeing up prison space. Through years of neglecting problems within the correctional system of the United States, federal and state courts have unfailingly ruled that prison populations must be reduced (Pitts, Griffin, & Johnson, 2014)....
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...has been going on in the present world today. Crime has gone up and it seems that more and more people are being convicted of all types of crimes. It seems as though the people of the United States are just breaking the law, but that is not the case in many cases. Many cases have come to light, because of some men being released from prison after so call evidence prove that they were not the culprits. How sad is that? The judicial system was designed to only lock...
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...Racial Disparities in the U.S. Judicial System Melinda Sims English Composition II Instructor Brandon Bond March 16th, 2014 Racial Disparities in the U.S. Judicial System The United States has the largest documented incarceration rate in the world. According to the Bureau of Justice Statistics at yearend 2012, approximately 6,937,600 offenders were under the supervision of adult correctional systems (2013). Of this number, more than 60% of the inmates in prison are minorities however; they make up only 37% of the United States population. Considering the trends in which minorities commit crimes, such broad statistics conceal that racial disparities pervade each stage of the U.S. judicial system, from arrest to trial and sentencing. The first stage of the judicial system is the arrest made by an officer. Police are given an incredible amount of discretion to use that leads to bias and racial profiling. According to Paul Bou-Habib in his article “Racial Profiling and Background Injustice”, he states, “The main reason in favor of using racial profiling in the context of criminal investigation is that I can increase the chance of catching criminals” (para. 2). A key factor in the imbalance of the arrests on minorities in comparison to whites is that they commit more crimes at higher rates. In the article, “The Correlates of Law Enforcement Officers’ Automatic and Controlled-Race Based Responses to Criminal Suspects” by B. Michelle Peruche & E. Ashby Plant (2006) suggests...
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...Court and Judicial Review Should the Supreme Court's power of judicial review be strictly limited by a constitutional amendment? Yes, the Supreme Court’s power of judicial review should be strictly limited to the constitution; because their judicial power is in all cases, in law and equity, arising under the constitution. Meaning they are over stepping their initial jurisdiction and have been given the power to have judicial reviews, even though it’s unconstitutional. The only power the Supreme Court is supposed to have is; all cases affecting ambassadors, or the public ministers and consuls, and those in which a state shall be party in the Supreme Court shall have original jurisdiction as stated in article III section 2 of the constitution. The Supreme Court is supposed to be the weakest of the three branches of government. The legislative, and executive branches are supposed to control the judiciary branch, even the states are supposed to have more say than the court. But they have been made more powerful and they are telling the legislative and executive branches what to do. There is no such system of checks and balances any more that protect the states and people when most government branches, are acting in cohorts with one another, eroding and destroying the rights and powers of the states and we the people. Even if the system was working right; who is watching and how will they stop the court from being unconstitutional? Every time the court holds judicial review it commits...
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...law enforcement agencies to crack down on drug use, trafficking, abuse and possession. President Nixon stated that the United States' War on Drugs was "public enemy number one" (Jarecki, Barnes, 2013). In response to this growing issue, the United State's criminal justice system began sentencing criminals to jail for a "mandatory minimum" period of time in drug related offenses. With hopes of making a dent in the drug war and of taking the guess work out of sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard to enforce in court. As discussed in "The House I Live In", the start of the1950s brought a large influx in narcotic drug use in the United States. This greatly supplemented the already high drug use in urban America...
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...Judicial Review The power of judicial review allows the judiciary to review the acts of other branches of government as well as the state. Judicial review is important because it admits the Judicial Branch to check the power of the Executive and Legislative Branches, making them to abide by the rules of the Constitution. The Judiciary Act of 1789 created the Federal Judicial System as well as the Marbury V. Madison case, which formed the basis for the exercise of judicial review in the United States. The Judiciary Act of 1789 created the three levels of the federal court system. At the bottom of the system is the federal district court. The district court is a state of federal trial court. One could appeal their case to the circuit court if they were unhappy with the district courts verdict. The circuit court, or now known as the court of appeals, was first created to work as a trial court for important cases. After 1891, the circuit courts started to focus only on reviewing the findings of the lower courts. The last level of the federal court system is the Supreme Court of the United States. The Supreme Court is the highest federal court in the United States. It consists of nine justices and it ranks over all of the other courts in the nation. In 1803, The Marbury v. Madison case declared the power of judicial review. This was the first time the Supreme Court overturned federal legislation. In return, The Marbury v. Madison case greatly strengthened the power of the judicial...
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