The American Justice System: Oppression and Discrimination - Essay Example

Justice System in America Introduction The United s of America uses a federal system of government. This type of system has a central government and individual states government. The federal system of government allows each state to manage its judiciary (state courts) although there still exists the central judiciary (federal courts). The existence of these two systems of the court does not affect each other since their tasks differ. This judicial system is well structured so as to deliver accordingly. Despite the United States having one of the best constitutions in the world, its justice system remains questioned. There have been so many cases of the judicial system not acting in capacity. Some of the challenged areas include; wrongful convictions, brutal treatment by police, longer prison terms, racial discrimination and many more. This article will concentrate on racial discrimination as the subject matter. The justice system in America should be one of the best in the world, considering the well-structured judiciary and morally stipulated constitution. America is made of people from different races. Race may be defined as the identification of an individual with a particular group in terms of culture. The act of treating individuals on the basis of their race is called racial discrimination. The community we are living is at times unfair, untrusting and unclear. All these factors may lead one to committing a crime that must be counted for. It is very constitutional that one is innocent until proved guilty by a court of law, but the justice system in America overrules this position (Champion, 150). Having three major races in the America; whites, Latino and African America, the judicial system must be so complicated. Thus, the treatment of the three racial groups will always differ for various reasons. The whites tend to be the real citizens of America and are treated with care and respect in courts and some end up even escaping jail terms. The African American who originally emigrated from Africa as slaves are given fewer privileges in the courts. The reader of this article might have a different opinion in this matter considering that we all see things in different ways. Barbarism and unfairness have curbed this extensive system injecting discrimination venom to the society. The Criminal justice system being the most affected has raised a number of questions (Wilson, 9). Prosecutions are made unfairly with federal jail terms being twice longer those of the state ones. Amazingly, the differences in the prison terms, do not have even a zero percent difference. The racial discrimination that forever haunts the system has caused the states government use a lot of money in imprisonment rather than rehabilitation. The African American (blacks) who appeal after a ruling end up receiving twice the imprisonment they had received. “Free press is almost a guarantee of a free society.” However the media has been denied rights in the covering of investigations. Any reader of this article might have a contrary understanding of the subject matter; anyway many cases have proofed the discrimination of “lesser citizens. It is noteworthy that America is a nation that has long been lauded for its standards of majority rule government, opportunity, and equivalent equity for all. Our nation was established on those standards, and also the thought that all are blameless until demonstrated liable. Our general public today tries to maintain these standards, and as expressed by the New York State Courts, the mission of the [New York State] Unified Court System is to advance the principle of law and to serve general society by giving just and auspicious determination of all matters before the courts (Wilson, 10). (New York State Guide to the Courts, page 1). After some time, notwithstanding, the framework has been consumed by legislators and other people who are more concerned with their own increases than with more prominent people’s benefit. The legal framework in America has turned into a joke of all that it once remained for; it is currently a puppy and horse demonstrate in which all the members are more inspired by the media’s consideration than in guaranteeing that equity is served (Wilson, 9). Following the adoption of the constitution in 1989, the government of the United States, and state courts have utilized the force as a part of proclaiming an activity at the official branch or assembly as illegal in this manner making them invalid and void. Generally, the American courts are not only essential in light of equity organization additionally because of the public policy, but also about other factors. As per numerous individuals it is seen that American equity is very slow (Stuntz, 18). The legal arrangement of America is an indispensable framework whereby the individuals rights are secured against government impedances. Because of the legal framework body being set as a free body, beyond any doubt equity is being controlled with light of the court work gatherings and sequential construction system equity (Stuntz, 13). As per the natives, this is something worth being thankful for on the grounds that there is no distinction between poor and rich in the law enforcement agencies. Racial discrimination in Dallas An African American by the name Thomas Miller-El who was charged with a shooting incident of two white hotel workers in 1985. Luckily, only one of them died (Reiner, 200), however, his case was ruled in 2005 being 25 years later. Texas state court ordered his execution that is due yet. The main reason for his case taking too long is that he has appealed his case so many times, and now it is in the U.S Supreme Court. The appeals have not been on the basis of his case rather a more diversified matter. Thomas argument is based on the jury that convicted him. The Dallas County district attorney’s office had chosen the jury using racial discrimination. The combination of the jury was not so promising since it only consisted of one black, nine whites, one Filipino and one Hispanic (Reiner, 263). The jury had other three members who were African American but were excluded from the jury. Exclusion of these jurors was unclear since they were declared uncompetitive. Miller-El first ruling had him imprisoned for a month but due to a series of appeals his jail turned into a death sentence. After the Batson death decision, Thomas requested once again and until now his case is undecided with the ground that there was no racial discrimination in the choosing of the jury. The Supreme Court has refused to investigate claims by Thomas where he is asking why only one African American jury was chosen out of eleven applicants. There is enough evidence showing that the Dallas district attorneys have been ordering the prosecutors not include black Americans in the jury. District attorney’s dating from the year 1977 to1989 claims that black judges always sympathized with the criminals (Schmalleger, 269). Miller –El to date do not know his fate, and this is because the district attorney argued that he was setting up the best jury and had no intentions of racial discrimination. Whites understanding of the American justice system In this case, the writer will use a different case scenario to advocate on the same subject. Although there may be differences in the case backgrounds the subject (racial discrimination) remains the story. The writer of this article understands the justice system of America as a total failure; several individuals may have a contrary opinion. Thus, this article is meant only to enlighten the understanding of those with a similar say and also those who are new to the matter. The whites claim that the American justice is very fair since they always get the attention of the benefit. One Mr. Kennedy Floyd from the state of California claimed that the American justice should be credited for fairness. This is because he used the district attorney in grabbing a land leased to an African American. By getting all he wanted the courage to name the American justice as the best in the world. One thing to note better is that the district attorney was a white. Kennedy being a beneficiary of the white ruling and the discrimination of the black race cannot understand the claim by the writer. Kennedy believes that America has the best justice system just because he won the case, justice is not only quoting from the constitution and applying logics directly, but it is a matter of understanding facts. Mr. Kennedy believes that the land owned by the African American belonged to him. The reason for this is because his father had sold it to the black on a lease agreement. In a lease agreement one may renew the lease or give back to the land owner. In this case the black American had the recourses to get the land back; however the case was corrupted by a white district attorney. As the quote says “injustice anywhere is a threat to justice everywhere”, this will clearly explain itself in this particular case. “Justice” may have been done in this cases, but just think of the many people who will suffer from the same un-social behavior. Mr. Kennedy may be so happy to get the black man’s land, but let him think of his brother in Africa. How would he feel if the same injection of oppression was injected into a situation? Although some may have a lot of confidence in the American justice, the time will come when the living shall cry for justice that was denied to the dead. Observation According to the El-Miller’s case the reader can clearly see the face of the justice system. This is just a few of the cases that we often realize. The face of the system is indeed tinted, and only an upright society will help stop the menace. Long jail terms have filled the prisons with blacks just out of racial discrimination. A free racism society is urgently in need if we have the interest in changing the justice system. Many of the cases in the American courts if taken to Canada, one would either and up in community service or rehabilitation. Racial discrimination has not only affected the justice service. President Barrack Obama of the United States may be one of the most awaited items of success, but the system is so corrupted (Kraska, 161). Conclusion Although the roles of the judiciary are justice and fairness, the American justice has failed in its mandates. As the saying goes “at his best, man is the noblest animal; separated from law and justice he is the worst”. This saying tries to reveal that even if the oppression and discrimination remain protected a day will come when fools will wise up. In a friendly society, people must learn to live with the others in a good way. The American justice needs a real reformer starting from the topmost seat to the grass root level. Americans need to admit that their justice system has failed and reflected on ways to restore it. The whites should also know that no human is superior to the other either in making or creation. Lastly, people should be aware that there is no crueler tyranny than that perpetuated in the name of justice. Works Cited Champion, Dean J. The juvenile justice system: Delinquency, processing, and the law. Prentice Hall, 2001. Hugh, Barlow (2000). Criminal Justice in America.Upper Saddle River, NJ: Prentice Hall. Jay, Albanese (2005).Criminal Justice (3rd ed.). Boston: Allyn & Bacon. Kraska, Peter B. Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police. Boston: Northeastern Univ. Press, 2001. Print. Peter, Benekos and Alida, Merlo, editors (2004).Controversies in Juvenile Justice and Delinquency. Cincinnati, OH: Lexis Nexis. Schmalleger, Frank. Crime and the Justice System in America: An Encyclopedia. Westport, Conn. [u.a.: Greenwood Press, 1997. Print. Stuntz, William J. The Collapse of American Criminal Justice. Cambridge, Mass: Belknap Press of Harvard University Press, 2011. Print. Wilson, Steven H. The U.S. Justice System: An Encyclopedia. Santa Barbara, Calif: ABC-CLIO, 2012. Print. Read More