Ordinary Injustice: How America Holds Court By Amy Bach
Free Essay: The book Ordinary Injustice: How America Holds Court written by Amy Bach reflects upon “ordinary injustice” that members of society fall victim...
Amy Bach, author of Ordinary Injustice: How America Holds Court describes the flaws of the criminal justice system. She elaborates from research and her own personal experience as a lawyer. In the final chapter, Show Trial, Bach discusses a story about the wrongful conviction of two innocent boys. Thomas Breen helped convict Michael and Paul, two seventeen year old teens, one of them with special needs. They were sentenced to 200 and 400 years in prison (193). Sam Adam, Michael’s defense attorney, was not able to let the case go, and constantly reminded Breen of the case. Shockingly, after nineteen years, Breen decided to take another look at the cause, because he questioned their guilt (219). Although the competitive nature of prosecutors

Throughout the riveting and eye-opening memoir, Just Mercy, by influential lawyer Bryan Stevenson readers are given a real insight on the predominance of racial minorities on crime sentencings. He opens up on the taboo topics of prejudice and sentencing the poor and weak simply because it’s convenient. This is re-affirmed through New York Times article by Shaila Dewan, “Court by Court, Lawyers Fight Policies that Fall Heavily on the Poor,” where she point blank states “[the justice system] is waging a guerilla campaign to reserve what they consider unconstitutional practices that penalize the poor.” In addition to both of these sources, the video “Keeping the Poor Out of Jail” by Kassie Bracken and Jessica Naudziunas, two Harvard law school students, upholds the same beliefs about inequality as they take on local justice systems and current policies targeting the poor. Although the fourteenth amendment states no state shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws poverty remains to be an exception to some degree. Those living in poverty lack the same equality as the rest of the US, not being given fair chances in trials or overly punished for their lack of resources. There needs to be an improvement in our justice system so we can eliminate the injustice on the impoverished, whether it be a more involved state-provided lawyer or an adequate, unbiased, and

A prosecutor looking for real justice, Adam Foss demonstrates just how effective rhetorical devices can be to persuade a population to defend the rights of others. When telling the story of how people end up in the criminal justice system, Foss tells “Even in our ‘worst.’ I saw...childhood trauma, victimization, poverty...interaction with the police…”(3:24) Many people tend to see people convicted of crimes as inhuman or lesser than us. However, Foss begins to humanize them. Moreover, he states that the reason these people commit crimes isn’t because of some violent, unfathomable reason, but rather because of their rough experiences earlier in life. To fix crime, people must step up and fix issues that cause crime, not throw people into a broken

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.

Bogira paints a portrait of some of the more personal and nuanced day-to-day activities that go into courtroom behavior and decision making. Describe some of the often overlooked aspects of day-to-day court operations (i.e., judges background, public pressures, defense attorney and prosecutorial ambitions, etc.) and how they may affect court outcomes for defendants. Bogira paints a portrait of the real side of the law and after reading Courtroom 302 I’m applauded at the things I’ve read. Bogira’s showed a different side to prosecutors, detectives, and judges detailing the little to no interest they had in righting the wrongs caused by the court.

Throughout one’s life many are prone to being in one of America’s many courtrooms at least once in their life. Whether it is for a parking ticket, a petty larceny charge, or simply jury duty most citizens have been in a courtroom once or twice. However, it is rare that one knows the many steps and processes that take place when a crime has been convicted. There is an excess number of elements that are introduced and just to name a few it all starts with the occurrence of the crime, then follows the arrest, proceeded by an arraignment, bail hearing and any more steps before finally reaching the final verdict that lands one with guilt or innocence (Neubrauer, Fadella 2013). Based on the laws in place by the United States and the Constitution one must be able to prove guilt beyond a reasonable doubt. If there is doubt at all in the jurors minds, they cannot convict the individual of being guilty and lately this has created a lot of controversy in the United States with many cases being tried. For example, the Casey Anthony case that took place in Florida was one of the most recent states where Common Law and the Constitution were unable to be reconcilable to prove one’s guilt.

Today, in the United States, most citizens are able to appreciate the fair, balanced legal system that is in place. The country suffered many failures before establishing the United States Constitution, and later the Bill of Rights, which became the foundation of the country’s legal system and protection of the citizens’ rights (American Sentinel University). Citizens may take their right to trial or their right to due process for granted, without realizing how life was before these rights were recognized and established. Until the Constitution in 1787, the justice system was not permanent and not quite clear, causing unfair and unjust treatment. Of course, no system can be perfect, but it is possible to discover options that suit the wants

Economic status is a relevant aspect in the experience of punishment. To an individual who sternly believes that the American justice system entitles every person to the same standard of due process, the previously mentioned idea is blasphemous. Unfortunately, the concept is false. The American justice system does not equally accommodate the needs of criminals placed on trial. Class is relevant in the experience of punishment only because economic inequality is barely recognized in the formulation and carrying out of prison sentences. The foundation of this unjust punishment is laid down at the trial, where disadvantaged individuals find themselves the victims of stereotypes, poor legal representation and haphazard verdicts. Once imprisoned, lower class criminals become immersed in an environment which mimics the troubled circumstances that originally led them to commit crime. Having received an ineffective sentence, convicts return to their poor communities and are expected to reintegrate into society without proper treatment.

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

The criminal justice system of America is deeply scarred with racial bias. Crimes are being committed and, in turn, are resulting with innocent people doing hard-time. Thankfully, newfound methods of appealing court rulings are finding justice for these minorities; however, the results are as shocking as the crimes being committed. When it was found that the majority of successful appeals were of minorities, the true defects of the system was apparent. The minority community is being critically judged for things they’re not doing.

Within the criminal justice system, officials abuse their power. The officials of the justice system have a duty to protect and perform their duties with unbiased decision making. The abuse of power jeopardizes people’s lives who are not able to sustain oneself and their families. Some people do not understand that poorer people find themselves in jail more and once a person is released, that person is subjected to return to jail for the amount of money owed to the state. There are many obstacles for the poor, especially those of color. People of color are treated unfairly in the justice system, from the arrest, the sentencing, and the release. The criminal justice system is supposed to be just but that is not the case. The criminal justice system allows for the police, public defenders, and judges to bend the laws and not be punished for their actions or that apologizes can fix the wrong that has been done. This paper will discuss the abuse of power from the justice system and the solutions to rectify the damages.