...year old is in fact guilty of murdering his father. Throughout the play, rose demonstrates the prejudice that obstructs the course of justice, and the diversity in beliefs and principals that separate jurors from each other. Together the jurors represent the microcosm that is American Society. For the duration of the text, each juror is only identified by a number with no evidence to suggest that they even know each other’s' names. The jury however, is a cross-section of American society as it comprises of educated, old, working-class, business and even immigrant men. This is intended by the play as the value of each juror is as a social representation, not as individuals. The 8th Juror represents possible strengths of the jury system as an aspect of the legal system. This is demonstrated by his confidence and the fact that he does not fear the idea of 'stand alone' against a potentially unanimous 'guilty' verdict, as he eventually encourages other jurors that a ‘young man's life’ is worth some discussion. Thus, through the role of the jury, Rose asserts that ordinary people ensure an effective justice system. It is evident that he ultimately focuses on the value of a jury to the system, rather than their verdict alone. In contrast, the play also highlights potential flaws in the jury system, where prejudice obstructs the pursuit of justice. This is supported by the 3rd Juror's reluctance to change his initial...
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...The justice system is made to be fair and equal to all. The united states is based in principals of freedom equality. Are these facts and morals actually true within our own system of justice? Endless amounts of data, stats and news coverage tells a different story. While our legal system is designed to be blind, the reality shows that the system benefits those of a higher class. There is also evidence that supports the fact that the system discriminates based off race and gender. First off, the obvious case of the system benefiting those of a higher class is the implementation of bail. Bail is the release if a accused person while they await trail on the payment of a sum of money. This allows people with money to avoid ever going to prison and fall into the detrimental cycle that comes along with it. In this case, simply having money puts people at a major advantage, allowing them to avoid prison and prepare for their trial while poor people must go and sit...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...father’s ideals of loyalty to family and justice. Sarty lives and travels with a very poor white family, and they work on farms of rich landowners, but they get paid very little. As the beginning of the story begins, Sarty and his family are in court for Abner’s decisions of burning landowners’ barns. In the process, Sarty is pressured to choose between two paths, in which Faulkner shows “the classic conflicts of good versus evil, son versus father, and individual versus familial identity” (Ford). At the end Sarty’s final resolution develops his identity. Sarty’s conflict with his father is very strong, because Abner Snopes believes family loyalty is everything. Sarty is unable to make his own choices due to Abner’s ideals, because from the beginning Abner enforces Sarty to “stick to your own blood”(Faulkner 175). In the opening scenes, Sarty’s conflict is unveiled. Sarty loves and respects his father, but in court he does not want to lie. This causes Sarty to recognize his father’s enemies as his own enemies, and this puts Sarty in a very uncomfortable position. As Ford states, during the first trial with Mr. Harris’ Barn, the Justice of the peace banishes Abner from town instead of testifying...
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...A book “The New Jim Crow” is written by Michelle Alexander, who is a legal scholar and civil rights litigator. It is published in 2010 by The New Press. The name comes from the old Jim Crow laws, which prevailed in the former federal state of the United States by the 1960s. The book covers the race in the United States related to the social, political and legal phenomenon, and tried the term "The New Jim Crow" applies to African Americans in the contemporary American situation. The new Jim Crow told a truth that is the United States has been reluctant to face. The New Jim Crow has lead to millions of African Americans locked behind bars in the United States, then denied the very rights supposedly won in the Civil Rights Movement, and at the same time transferred to a permanent second-class status. Alexander's book is in the New York Times bestseller list for 10 consecutive months, and philosopher Cornel West has called it the "secular bible for a new social movement in early twenty-first-century America." And led to the reentry centers, community centers, churches, university, and national prisons raise awareness efforts. Author...
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...monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved while the criminals co-exist with the rest of the community. Probable cause is also efficient in protecting law-bidding citizens from being wrongfully prosecuted...
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...and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works. We celebrate the juror’s democratic power but no longer trust the decisions they reach. We say we have the best system in the world, but when called to serve, most of us do everything we can to duck out.” Owing to the fact that the right to a jury trial is enshrined in the Constitution and is a time-honored component of the American Court System, the following discussion explores methods...
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...Compare to the pop artist Justin Bieber’s criminal record it can define why rewarding beauty and fame within the criminal justice system is allowed. In 2014, Justin Bieber pleaded guilty to a misdemeanor of reckless driving and resisting arrest and not driving under the influence charges when he was 19 years old (Duke Alan, 2014). Bieber only paid a fee of $45K and got no jail time ((Duke Alan, 2014). Justin Bieber’s mugshot implies that fame and beauty can show lesser severe punishment for a crime committed. The fact that Bieber is smiling in his mugshot represents money, corruption in the legal system, and the bias in the American Dream of liberty and justice for all. Bieber is in a white body in contrast from Meeks that served a 27-month...
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...University CJ101: Introduction to the Criminal Justice System Prof: Douglas Robinson March 10,2015 1.) What is due process? Due process is fair treatment through the normal judicial system, especially as a citizen's entitlement. Is part of the Bill of rights and is the Fifth Amendment (No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. George Mason, December 15, 1791). 2.) Why is due process such a central notion in American criminal justice? The due process is such a central notion in the American criminal justice because the process in witch an assortment of tasks are to be carried out and they could be anything from filing court papers, serving legal documents and document retrieval. The main principal of the job is to deliver legal documents to the other person which is known as the defendant. 3.) What would our justice system be like without due process? If our justice system did not have the due process, we would have innocent...
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...Regarding the purposes of the American jury system, the Constitutional Rights Foundation Chicago catalog an impressive list of aims, objectives, and principles that an assembled panel of jurors are to realize in practice and embody in theory. Thematically, some purposes are primarily concerned with immediate, practical outcomes, e.g., achieving fair and impartial justice, assessing evidence, and determining guilt/liability or innocence. Others tend to emphasize the philosophical and theoretical reasons for the existence and use of the trial by jury system, e.g., fighting corruption, giving the people a voice in government, improving the efficiency of the legal system, and serving as a proxy “school” for popular education in democratic principles.1 It is said that the system of trial by jury is “...older than the Republic itself.”2 As a cultural and political institution, the jury is perceived as a bedrock of constitutional government, a veritable “bulwark of democracy.” The essence of the trial system is guaranteed and provided for by way of the 5th, 6th, 7th, and 14th amendments and is purported as being indicative and representative of the American system of political organization, that is, a system of government where power is derived from the popular consent of the governed. As these things go, the very existence of criticism leveled at the trial by jury system generally, and the supposed purposes to which this system serves particularly, is evidence that in a variety of...
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...Criminal Justice System Name: Institutional Affiliation: Date: Question One The criminal justice system refers to the set of processes as well as agencies established by the governments aimed for controlling crimes as well as imposing penalties on individuals who violate laws. In America, various parts of the criminal justice system in America, including prisons, policing, and courts, developed gradually at the state and federal levels. Different jurisdictions have got different agencies, laws, as well as ways of managing the criminal justice processes. The criminal justice system of America was founded on common law, biblical teachings and the United States constitution as well as other sources. The criminal justice system is hugely based on the Bill of Rights which advocates for equal treatment of all individuals as well as ensuring that all the rights and liberties of individuals are well safeguarded. The modern criminal justice system is as a result of various evolutionary changes that the society has undergone ever since the inception of United States of America. The Americans relied significantly on religion in designing their criminal justice system which would help in shaping the American society as well as its behaviors (Burns, 2007). Question Two The American criminal justice helps in enforcing the country’s criminal laws. In America, criminal justice system is categorized into three levels: military, state and federal. In addition to these levels, every state...
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...Justice Kagan, who once acted as Solicitor General before being nominated to be the Supreme Court has recused herself in numerous cases that have been heard by the Supreme Court. The reasoning behind her recusals were due to her former Solicitor General role. As for Justice Marshall one of the cases he should have recused himself from was Marbury v. Madison, because he was acting Secretary of State at the time and was essentially presiding over a case in which he was heavily involved in. However, years later he recused himself from the Marin v. Hunter’s Lessee Hearing due to conflicts of interest and the more stringent guidelines for judicial...
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...right to due process by law is afforded to every American as of the pivotal ratification of the Fourteenth Amendment on July 9, 1868. This amendment guaranteed every American equal and impartial treatment within the justice system. However, within the flawed institution that is the United States justice system, race is undeniably a pivotal factor in the outcome of the legal process. From the disproportionate rates of police stops to the severity of prosecutions and even the likelihood of facing the death penalty, race has evident and extensive influence. The deep-rooted prejudices held against minorities within the American justice system stand in direct opposition to the fundamental respect for human rights that is vital in the maintenance of democracy. Prejudice...
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...were highly concerned about the security of the country voted for a start of a war against terrorism. During the same period any interrogation techniques, whether conventional or unconventional, were used on suspects to gain intelligence about any presumable imminent terrorist attack. The United States violated the UNCAT and began torturing its suspects. Many incidents reported by the media since 2002 revealed that prison guards were instructed to “prepare” prisoners for the interrogation suggesting the use of torture to intimidate them before the interrogation starts (“The Legal Prohibition”). These events caused a debate on the authorization of torture. The UNCAT signed by the United States defines torture as a dehumanizing interrogation...
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...Jail and Prisons Archie Parks CJA/204 November 27, 2011 Ross Thompson Jail and Prisons Introduction Prisons and Jails play an intricate part in the criminal justice corrections system. They are responsible for housing and rehabilitating some of the United States most dangerous criminals. This paper will explain the different types of prisons explain prison concepts and discuss why jails are important in the criminal justice system. In addition, prison strategies for dealing with violent behavior and the role parole plays in the strategic handling of inmates. Types of prisons There are four types of prisons within the United States Criminal Justice system. Each of the four types are stated below: 1. Local Prison: Local prisons within the United States criminal justice system are commonly referred to as Jails. Jails are used by cities to detain persons who have been accused of committing a crime while awaiting trial when bail has not been granted or cannot be paid. County Jails can detain prisoners for up to 18 months. 2. State Prisons: State Prisons are prisons who maintained by the state and used to house criminals who have been convicted of violating state statutes. State prisons are maintained and managed utilizing funds from the state budget. 3. Federal Prisons: Federal Prisons are used to house criminals who have been convicted of violating federal laws. Federal prisons are maintained by the Federal Government and are maintained and managed using...
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