The Pros And Cons Of The American Judicial System

Improved Essays
The American judicial system is one that convicts and incarcerates prisoners for various crimes. When a crime is committed, it is the judicial system’s responsibility to enforce and apply the laws. Under United States legislation, criminals are innocent until proven guilty in a court trial, but the judicial system during the twentieth-century did not properly give them fair trials. Instead, the court system convicted many prisoners guilty of crimes they “supposedly” committed. This situation created the start of a new and corrupt judicial system because prisoners did not have the chance to plead their case in court. Kate O’Hare, Jack London, and Assata Shakur provide an accurate and historical view of the American judicial system as unethical …show more content…
Although the Constitution states that all criminals are entitled to a fair trial in court and the opportunity to obtain a lawyer, this system illegally followed their own rules. Criminals in court during the twentieth-century were not given the chance to plead their case lawfully. During Jack London’s experience with conviction and incarceration, he witnessed that his trial consisted of “sixteen prisoners, the judge, and two bailiffs” (London 39). The court trial only contained about half of the officials that are needed. Convicts did not have a lawyer, nor an unbiased jury present for their convictions. Legally, convicts are given a lawyer to help plead their case in court, no matter if they can afford one or not. In Jack London’s court trial, “fifteen seconds and thirty days to each hobo. The machine of justice was grinding smoothly” (London 40). Each criminal in the court room received the same sentence in the same amount of time without the chance of pleading their case. Jack London was appalled at how the judicial system was functioning because “Here was I, under sentence, after a farce of a trial wherein I was denied not only my right of trial by jury, but my right to plead guilty or not guilty…But when I asked for a lawyer, I was laughed at” (London 41). The judicial system did not convict and incarcerate criminals ethically. Since they …show more content…
The unsanitary environments they lived in created an increase of the possibility of contracting diseases. The possibility of contracting a disease was high in Kate O’Hare’s prison experience because “The women who were too ill to work in the shop were used in the dining room. Practically all of them were tubercular and syphilitic” (O’Hare 83). Prisons allowed diseased individuals to work despite their disease; they did not care that disease was an issue. One prisoner in Kate O’Hare’s prison story had “open syphilitic sores dripping with pus” (O’Hare 82). There was no immediate reaction to preventing the spread of disease because prison is a place to endure brutal punishment instead of experiencing the thought of learning from mistakes. Prisons did not believe that criminals deserve proper treatment, sanitation, and living

Related Documents

  • Improved Essays

    The individuals falsely accused in the article may have been victims of the Assembly-Line Justice Court Model. It is discussed that this type of court is unfair with little concern for efficiency or processes. This model also suggests that plea bargains are frequent because parties wish to make a quick decision. Milton Lantigua was offered a plea bargain but denied it because of his innocence. He was then sentenced to 20 years in prison for a crime he did not commit.…

    • 597 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    According to the Innocence Project Organization more than 20,000 innocent people are currently serving time in prison. The Billy Glaze and Andre Hatchett cases are two of thousands in which one can lead one to see the faults in the United States court system. By analyzing the case details, what happened during the investigation, and what stood out during the trial and investigation of both cases, one can conclude that our criminal justice system truly is flawed. Billy Glaze is a man who even lost his life in prison. Andre Hatchett was able to be freed but not until he already served 25 years in prison.…

    • 1383 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    Autonomy In DA

    • 122 Words
    • 1 Pages

    Reference: Neubauer, D. W., & Fradella, H. F. (2014). America's courts and the criminal justice system. Belmont, CA: Wadsworth Cengage…

    • 122 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Pyrrhic Defeat Theory

    • 1265 Words
    • 6 Pages

    Reiman and Leighton’s book, The Rich Get Richer And the Poor Get Prison explores a theory that the American criminal justice system is set up in such a way that it is very detrimental to the lower class. The typical reaction to a theory like this is to assume that it is a conspiracy, but Reiman and Leighton make sure to include a section on why this is real, and not a tinfoil hat conspiracy. Their reasoning is that while the criminal justice system is failing to significantly cut down crime, the results of that failure are positive to the upper class, who are the only people that could fix the failure (Reiman and Leighton 5-7).…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Casey Anthony Justice

    • 595 Words
    • 3 Pages

    One habit of the defenders in the American legal system is their propensity to answer any outcome within the system that “the system worked.” Subsequently, as long as the defender can define what is meant by the claim, there is no result that can disprove it. Due to this, it is reasonable to argue that the acquittal of Casey Anthony and the removal of charges against Dominique Strauss-Kahn are both examples of how the system should work. However, when accepting this argument entails recognizing the imperfections the American legal system must endure, even though it is doing what it is thought to do. One inevitable imperfection of the system is sentencing innocent people to incarceration and letting the guilty go free.…

    • 595 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Crucible Pre-Reading Response Today's court cases completely go against the statement that Justice is best determined in a court of law. An example of how justice isn't always best determined in a court of law would be a white teenager who killed four people in a car accident, and was only on probation instead of receiving a criminal sentence. In 2013 Ethan Couch a 16 year old white male was conducting a vehicle while under the influence of alcohol ,in the process he crashed and killed four other people. His sentence was supposed to be a maximum of 20 years in prison for the charge of intoxication manslaughter, instead this teenager was given 10 years of probation. The jury made this decision because his parents hired a psychologist that was…

    • 487 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In his article “The Human Face of Overcriminalization” (2016), Derrick Hollie argues that the United States criminal justice system is wildly subjective and is most of the time unfair. Hollie uses tone, anecdotes, and pathos to sufficiently argue against overcriminalization. Hollie’s goal with his editorial is to convince the public that overcriminalization is prevalent in our society in order to hopefully fix this issue. The audience intended to be reached by this editorial is all American citizens affected by the American government.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    I think that the author has presented strong arguments against the current legal system and has presented a viable alternative. His system is sympathetic to the victim and the offender and acts in the victim’s best interest through multiple stages and varieties of…

    • 709 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    These cases show that confessions are not always prompted by internal knowledge or actual guilt, but are sometimes motivated by external influences. If they argue the money = innocence standpoint, use “bad lawyering” instead. The resources of the justice system are often stacked against poor defendants. Matters only become worse when a person is represented by an ineffective, incompetent or overburdened defense lawyer.…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Throughout history, there has been countless ways in which a judge has conducted themselves within a courtroom. Throughout this interval of recreation, there has been only a handful that have ultimately transformed the world we live in today. One of those is known as the Warren Court Era of 1953-1969. Within the courtroom, the Warren Court era has represented a time of trial, struggle, and change, crossing the lines that were once put in front of us to follow. This was a time when judicial philosophy re-defined the way in which we viewed the judicial system as well as a copious outbreak of judicial activism.…

    • 145 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Even though this book is based on the criminal justice system in America, It makes you wonder if the cases would vary depending on where you are located in the world. This book defiantly will open people 's eyes to what is really happening in our society that is unknown to…

    • 1054 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Pressing for Prison Reform The prison system is just as corrupt as the prisoners inside them. We live in a world where it is deemed acceptable to punish a criminal by taking away their humanity, and only release them when they find it themselves. We must reform the flawed prison system; only then can we correct the criminal way of life. Today, it is not uncommon to hear intrusive and abhorrent events that happen behind bars, including excessive violence, sexual harassment, health violations, and misconduct of legal power.…

    • 1793 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    Throughout the United States government 's history, one thing remains the same, the three branches of government are as important as each other in keeping the nation thriving. Each with their unique set of strengths and weaknesses, the Judicial Branch is one that comes to mind when thinking of having the most powerful strength, proving a system of checks and balances to the other government branches. The Judicial Branch is responsible for reviewing the constitutionality of the actions of the government, according to Fine & Levin-Waldman (2016). What this means is, when something is signed into law or actions are taken, the Supreme Court of the United States decides if it follows the rights and laws outlined in the US Constitution. According to…

    • 834 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Judicial discretion refers to the powers conferred to a judge in the legal system of a given country to determine the direction of a matter presented to them without the interference of preceding or strict regulations that are established by statutes (Bushway et al. 2012). Judicial discretion is assigned by the legal apparatus within a given jurisdiction, meaning that court decisions may be subject to contest through the utilization of higher powers. Judges are supposed to practice the discretion allowances up to the limit specified by the law, failure to which decisions may be subjected to comprehensive vetting. For instance, the practice of discretion may be void judgement decisions in the event of bias, capricious practices, and the exercising…

    • 796 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    Therefore, it is debated whether or not judicial corruption is a problem in America. We need to know the facts if we want true justice even if we aren’t victims ourselves, because justice will never be true unless all people can believe in it. To understand the incredible amount of injustice by corruption, let us focus on judges who have been indicted for such a crime, the amount of power judges have, and most importantly why ‘we…

    • 1533 Words
    • 7 Pages
    Superior Essays

Related Topics