Top-Rated Free Essay
Preview

American Justice System. Essay

Good Essays
582 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
American Justice System. Essay
The American justice system is one of the greatest aspects of the U.S. Constitution. The judicial branch insures that anyone in America receives a fair trial, that a nobody is incarcerated without due process and significant evidence, it assumes innocents until proven guilt, and protects the rights of citizens, victims, and the accused. The American justice system works most of the time, in that criminals normally go to jail while innocent people are set free; however, every system has its faults. Foremost, there is much debate over the concept of “guilty beyond a reasonable doubt.” Many argue that courts do not always prove guilt or innocence, as in many people who are guilty of their crimes are not convicted because there was not enough evidence. The concept of ‘beyond a reasonable doubt’ is subjective and left up to the standards of the jurors. In today’s society, if a case does not have physical evidence, but strong circumstantial evidence and eyewitness accounts (evidence that was often deemed enough to convict several decades ago), the jury still may not convict because they have the idea that their should be some type of physical evidence for the person to be found guilty beyond a reasonable doubt. Often times, the idea of true guilt is lost in trying to prove ‘beyond a reasonable doubt.’ Another common issue within the judicial system are plea bargains. The vast majority of criminals never appear before a court of their peers. Often times the state will offer the accused a plea bargain in which the accused will plead guilty without going to court in exchange for a lesser sentence. Frequently, the severity of charges are lessened or dropped in order to justify the shorter sentence. The purpose of doing this is to save time and money for the state as court proceedings can be very expensive. The unfortunate aspect to this is that many accused are never found guilty of their entire crime because they are offered a plea bargain in which they except a lesser charge. On the other hand, may innocent people take the plea bargain under duress as they are afraid of going to court and being found guilty of a worse crime. Lastly, while much has been done to lessen the effects of discrimination and prejudice in the judicial system, jurors’ preconceived ideas based on race, gender, socioeconomic status, etc still effect many guilty verdicts. There is a disproportionate number of male blacks who are convicted of their crimes than wealthy Caucasians. In part this is due to race, gender, and the preconceived ideas that follow; but, also because wealthy people are able to arm themselves with a experienced defense team, while those who cannot afford to hire a lawyer are given a public defender. Public defenders are often overloaded with cases and are notoriously poor lawyers. It appears then that many are not receiving a fair trial if much of the decision depends on the skill of the lawyer rather than pure evidence. While the American justice system has its flaws, when considering what the American justice system has been able to accomplish for anyone living in America it is still one of the greatest contributions of the Constitution to modern day society. The issue of guilt beyond a reasonable doubt, plea bargains, and discrimination are aspects of the system that can be amended with time; however, considering that this system has to serve everyone in the country there is no perfect solution.

You May Also Find These Documents Helpful

  • Good Essays

    When a justice system replaces jury trials with plea negotiations it contradicts the fair rules of evidence in front of a judge or a jury. Plea negotiations are very different from the formal process. Criminals end up of facing sentences that are lighter while victims are left unsatisfied. Plea Bargaining is very private which can affect the outcome and will not benefit the everybody. While the bargain might help that receive less severe penalties than a conviction at trial, the bargain may still leave you with a criminal record that can have a huge affect in the future. For example, in Erma Stewart’s case after she chose to plea guilty her entire life changed. As she explained she could not afford to pay her probation fines due to the fact…

    • 354 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Plea bargains are an assertion in a criminal case between the prosecutor and the respondent that ordinarily includes the litigant conceding so as to get a lesser offense or sentence. Plea bargains are frequently alluded to as truly simply building up a common affirmation of the case's qualities and shortcomings, and don't really reflect a conventional feeling of Justice. In principle, courts are glad to host the individual gatherings work out an answer independent from anyone else, yet it makes one wonder…

    • 182 Words
    • 1 Page
    Good Essays
  • Better Essays

    Plea Bargaining Analysis

    • 1461 Words
    • 6 Pages

    A plea bargain (“offer”) is an acquiescent in a criminal case whereby the prosecution may offer the defendant the opportunity to plead guilty, conventionally to a lesser charge or to the pristine criminal charge with a proposal of a lighter than the maximum sentence. This opportunity sanctions defendants to avoid the risk of a conviction by trial on a more serious charge. This allows a court’s caseloads to be lighter without exhausting resources of a court, potential public advocators, and prosecutors who are all salaried at the expense of tax payers.…

    • 1461 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Whether or not it is possible to entirely eliminate plea bargaining in all its forms and varieties, I am not persuaded that it is desirable to do so. But I am no friend of plea bargaining in the unrestrained forms of it that are evident in the United States. In a nutshell, the normative position I shall advance is this: individuals charged with crimes who are willing to confess or plead guilty should be granted modest and fixed sentence discounts in exchange for doing so. Charge bargaining, and that which often accompanies and enables it, strategic overcharging, should be strongly discouraged. Trial penalties, that is, additional increments of punishment assigned to individuals who exercise their right to trial, should be prohibited. However,…

    • 212 Words
    • 1 Page
    Good Essays
  • Good Essays

    As Nataskie stated above, there is a place and a need for plea bargaining in our criminal justice system. Although it is true that plea bargaining gives a guilty person the opportunity to admit to their crime and accept the punishment for it, they are likely more motivated by the fact that plea bargaining involves the perpetrator receiving a reduced sentence of some sort. Another reason for continuing with plea bargaining, as a tool in the criminal justice system, is because often it affords the prosecutor the means necessary to get a lesser criminal to testify against a more significant criminal who otherwise might go free. Plea bargaining should maintain an active role in all justice systems regardless of whether they are local, state,…

    • 127 Words
    • 1 Page
    Good Essays
  • Good Essays

    Plea Bargain

    • 1117 Words
    • 5 Pages

    In a Frontline Program- The Plea we watched in class there were interviews of people involved in three separate cases that had involved the plea bargain. In this video a man named Charles Gampero had gotten into a fight outside of a bowling alley and walked away leaving the victim unharmed and alive. After he had left the victim had been killed, but Gampero had been charged with second degree murder and attempt to kill. The prosecutors had told Gampero that they would give him a plea of dropping the charges to manslaughter, giving him 7-21 years and that if he didn’t he would get a mandatory 25 to life. Gampero said because he was positive that he was not at fault and had left the victim unharmed he had wanted to take it to trial. In the end Gampero wound up taking the plea and not taking it to trial because the judge had scared him so much by telling him that he would get no less than 25 years if he took it to trial. If Gampero had went to trial he would have had the chance of getting less time than his 7-21 years. The judges are allowed to lie to you like they had to Gampero about getting 25 to life. Another example from this video was Patsy Kelly Jarrett. Jarrett was charged for the murder of a gas station tenant years after the murder. Jarrett was home during the time of the murder and the only evidence was someone saying that it was her. The prosecutors had given her a plea bargain of taking robbery and getting five years and later…

    • 1117 Words
    • 5 Pages
    Good Essays
  • Good Essays

    I agree with you. Some crimes can be handled differently depending how the offense is classified “Many states encourage diversion programs that remove less serious criminal matters from the full” (How Courts Work, n.d., para. 4) Plea bargaining can be accepted for reasons like, defendants avoiding the time in court. Also, the prosecutor can dedicate time to other cases. A valid approach is the agreement of both part on the case “obviously both sides have to agree before one comes to pass”. (How Courts Work, n.d., para. 2) As you mention, that should not be applied in the major…

    • 100 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    The plea bargaining process is very important to the criminal justice system because without it the criminal justice system would grind to a halt. Plea-bargaining is important because if every case went to a trial it would take years for criminals to get from the time of arrest till the time of trial. The video we saw showed an example of how the process works to get criminals who plea guilty to committing minor crimes through the system faster so that the courts can concentrate on those criminals who commit major crimes. In this video you can see some of the variables that enter into the plea-bargaining system and how they can be fair and unfair to the parties involved. You can see the quality of legal representation…

    • 764 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    A plea bargain is an agreement in a criminal case where a prosecutor and a defendant arrange to end the case against the defendant before it goes to a judge or jury trial. The defendant agrees to plead guilty to a more minor offense than charged or to a smaller number of offenses than charged in exhange for a more leniant sentence or fine. Since the early 19th century, plea bargaining has played an essential part of the American criminal justice system. Research has shown that more than 90% of all felony criminal cases in urban areas of the United States are settled by plea bargain rather than by a jury trial. ("Plea Bargains: Why and When They're Made." 2002. FindLaw. 10 Mar 2004. http://criminal.findlaw.com/articles/1489.html>).…

    • 1039 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Plea bargaining is being scrutinized and criticized for a variety of reasons. Many believe that plea bargaining is fair as it gives a possible offender the ability to negotiate a less severe sentence. If the offender is in fact innocent all he has to do is go trial and show it to the jury and he will be free to go. However many people are saying that plea bargaining has contributed to imprisoning of innocents and it is an unfair practice as a result. Though that may seem ludicrous because it would seem that innocent people would not willingly imprison themselves, data shows otherwise. These reasons are why plea bargaining has a negative impact and should be changed.…

    • 672 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Plea Bargaining

    • 958 Words
    • 4 Pages

    Most cases are resolved through plea bargains. This is resulting from negotiations between the prosecutor and defense attorney. Plea bargains can be made at any stage of the criminal justice process. Plea bargains can be either a charge bargains or sentence bargains. There are advantages and disadvantages with plea bargains. With plea bargains, it can reflect the due process and crime control of the criminal justices.…

    • 958 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Plea Bargaining

    • 831 Words
    • 4 Pages

    Plea bargaining in the criminal justice system is an issue viewed in various ways based on the individual=s role in the judicial process. Plea bargaining may be beneficial to the rightfully accused allowing them a lighter sentence; however, if wrongfully accused, it could cost an innocent person their freedom.…

    • 831 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The main purpose of the criminal justice system is to prevent crimes and to protect citizens from the wrong doings of others and to keep society in a stable and working order. Throughout Australia, sentencing is the final unambiguous act given from the court to the offender as their result of punishment. The Crimes (Sentencing Procedure) Act 1999 (NSW) is apparent to be one of the main core of statutory guidelines in relation to the sentencing procedure in NSW. The law itself explores the type of penalties, purposes of punishment, clarifies that prison is the last resort and discusses the limitations on penalties. The Crimes (Sentencing Procedure) Act 1999 (NSW) characterises all the various factors which have to be considered during the act of sentencing, for example, mitigating and aggravating factors such as the evidence in which is presented by the circumstance of the crime and or the character of the offender, as well as the state of mind in which the offender was under. This essay will further highlight the effectiveness of sentencing and punishment to an extent as for the ineffectiveness of the issue as well.…

    • 583 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Today our world is filled with crime. People who tends to commits such crimes must have consequences for their illegal actions. “The Criminal Justice System,” is a system that keeps everything fair and safe. This system was set up in order to ensure that fairness and justice will be served to people who breaks that laws.…

    • 1642 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The justice system in America is not always fair. Everyone has their own beliefs, personality, and background that affect how they think. The justice system will never be completely fair, everyone has different ideas with what is fair and what is not fair. Just because something is fair doesn’t always mean it is equal. There are many factors that affect the opinions of the justice system, you don’t know if the person is telling the complete truth, your background, and how biased you are.…

    • 811 Words
    • 4 Pages
    Good Essays