Preview

Law and Latino Sonia Sotomayor

Satisfactory Essays
Open Document
Open Document
636 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Law and Latino Sonia Sotomayor
Jury Nullification Paper
CJA/344
Anginette Hall, Yadira Marrero, Krissy Clark,
Alan Hazen

December 24, 2012

Explain Whether Ethnicity Influences Courtroom Proceedings And Judicial Practices Ethnicity has a major impact on courtroom proceedings and judicial practices from all angles of the criminal justice system. Whether it is from the initial intake to the moment of sentencing, ever participant in the judicial proceeding has a duty to perform their duties to the best of their ability and provide fairness to each and every person that is involved in the proceeding. This is not always the case when the person is racially, ethnically or of a different gender or race. It has been proven through statistical research for the past 20 years that there is still much bias within the court system. These factors are not only true when dealing with the suspects, but also with personnel. It is still visibly clear that Whites are predominant in the roles of judges nationwide. As a matter of fact, since 1789 the Chief Justice has been White and this fact still remains true since the current Chief Justice is John G. Roberts, Jr. Currently, there is only one black Associate Justice, Clarence Thomas and one Latino Sonia Sotomayor. There has been progress in the realm of judicial proceedings within the past years thanks to civil right activists, but there is still much bias going on. Sometimes certain occasions of racial bias are not heard of because they are kept quiet and the people are not made aware of through the media or other sources. Where we most see these instances have been in capital crime cases, wherein a minority usually will have a higher risk of receiving than a white person.

Conclude by choosing a position for or against ethnicity-based jury nullification and defend your decision “Jury nullification, of course, is a time-tested practice that goes back to before the American Declaration



References: The Criminology and Criminal Justice Collective of Northern Arizona University. (2009). Investigating difference: Human and cultural relations in criminal justice (2nd ed.). Upper Saddle River, NJ: Prentice Hall. MacNamara, R. H., & Burns, R. (2009). Multiculturalism in the criminal justice system. New York, NY: McGraw-Hill. http://www.judicialselection.us/judicial_selection/bench_diversity/index.cfm http://www.sentencingproject.org/doc/publications/rd_sentencing_review.pdf http://www.thenewamerican.com/usnews/crime/item/12892-new-hampshire-jury-nullifies-major-felony-marijuana-case

You May Also Find These Documents Helpful

  • Good Essays

    Conclude by choosing a position for or against ethnicity-based jury nullification and defend your decision.…

    • 370 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Assess the view that ethnic differences in crime are the result of the way in which the criminal justice system operates…

    • 1373 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Jury Nullification Paper

    • 1023 Words
    • 3 Pages

    In this paper I am going to explain whether ethnicity influences courtroom proceedings and judicial practices, and give some examples of ethnicity-based jury nullification, a sanctioned doctrine of trial proceedings wherein members of a jury disregard either the evidence presented of the instructions of the judge in order to reach a verdict based upon their own consciences. It espouses the concept that jurors should be the judges of both law and fact.…

    • 1023 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In our society, ethnicity does have major effects on our judicial practices and courtroom proceedings do to The Sentencing Project research. It has also affected several different places where we live. For example, Poverty stricken areas has more of a possibility to experience much more crime than a place that is more fruitful employment and has maintained wealth. The issues with both class and race are more likely to impact on the likelihood of involvement with the treatment within the system and the criminal justice system. As long as society keeps racial tension in existence within the court system it will always exist.…

    • 738 Words
    • 3 Pages
    Good Essays
  • Good Essays

    “Jury nullification occurs when a jury returns a verdict that is the opposite of what the jury believes or the verdict it was instructed to return by the court” (Rottenstein Law Group, 2014). In the course of a regular criminal trial, the judge will hand down some directives to the jury. The judge will inform the jury that they should set aside any feelings that they may take personal and achieve a decision exclusively in light of the truth displayed at trial. However, juries overlook these directions and clear criminals who plainly disobeyed the law. Current lawful guidelines firmly disapproval jury nullification and restrict encouragements for a jury panel to nullify the law. Therefore, a legal counselor may not, even with the within the…

    • 225 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Race-based theory plays a major role in predicting substantial and institutionalized discrimination that is always aimed at minorities within the systems of criminal justice. Racial discrimination in the criminal systems is mainly carried out by police, judges in the courts and agencies which carry out corrections in the United States. Evidence of criminal discrimination against African Americans and Hispanics found in the United States highlights some of the discrimination incidences that the minorities go through. Discrimination against minorities is popularly explained as a purpose of little position of their socioeconomic actions rather than indigenous or racial status. There are two race-based conflict theories which address the discrimination…

    • 139 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Annotated Bibliography

    • 615 Words
    • 3 Pages

    This book provides detailed accounts where the judicial system shows discrimination toward minorities, proving persons of color are sentenced to mandatory jail terms more than any other race.…

    • 615 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Christopher Stone. (2001). Race, Crime, and the Administration of Justice: A Summary of the Available Facts. Retrieved from Christopher Stone, ADJ/255 website.…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    One form of racial injustice in court was portrayed in To Kill a Mockingbird. Tom Robinson, a colored man, was convicted of raping and beating a white woman without any evidence besides some lousy witnesses. As said by Atticus in the book, “But this is a truth that applies to the human race and to no particular race of men. There is not a person in this courtroom who has never told a lie, who has never done an immoral thing…” (Harper Lee 47). Without a doubt this is totally correct. We…

    • 942 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Ethnical and cultural diversity issues can have an effect on society but even more so with a system of authority that operates off of communication and laws that may not be adhered to by people from outside of the observing community or country. Since this country is majority multicultural, it is important for the criminal justice system to recognize and respect these cultures as they have contact with them. Because of this demand of recognition and respect, leaders within the criminal justice system must be open minded and go farther than the basic manager, they must become experts of these different ethnicities and teachers of their organized groups, thus educating them to better serving them as they have contact with them. Cultural diversity issues are the main argument in many criminal justice organizations. The lack of knowledge of groups lead to offense and distrust from groups towards authority, this then leads to hostility, non-compliance, and lack of involvement from communities of different ethnicities. For criminal justice agencies to be successful in a diverse environment, leaders must address religious differences, language differences, and cultural traditions that may need to be taken into…

    • 1729 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Some people view that the jurors should consider this option when they are faced with situation where the defendant is from a minority and he is persuaded that the law is unjust to the defendant. Some people believe that this is the only way to bring equality in our courts of law. They believe that jury nullification based on race is the only way to bring change and reduce racial discrimination in the American law courts. The judgment issued by the judge is not supposed to be wholly based on facts but should consider factors such as the racial injustices and inequalities based on their wisdom and experience. Otherwise a machine can effectively replace the judges (Rivera, 2006).…

    • 365 Words
    • 1 Page
    Good Essays
  • Good Essays

    Ethnicity plays a big role in courtroom proceedings as well as judicial practices from all parts of the criminal justice system. It is anywhere from the initial intake of a person to the time the person is sentenced. Everyone involved in the proceeding has to perform certain duties to their highest ability and they have to be fair to everyone that is involved in the court proceedings. If a person is a different race or gender it may not always be the case that the people have to be fair or perform certain duties. There is statistical research that has proven in the past twenty years that there is a…

    • 1160 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Statistics continue to reflect issues of disparity and discrimination within the American criminal justice system. The issues that affect the enforcement of laws and government policy can result in justice for the safety of society and/or justice that will single out members of society. With the diverse population living in the United States, stereotypical judgments and attitudes can influence and possibly overwhelm the direction of the criminal justice system. The American system of criminal justice is thought to…

    • 901 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Incarceration Theory

    • 1187 Words
    • 5 Pages

    Are minorities continually being unfairly arrested, tried and punished as a result of racial discrimination or do minorities just commit more crimes? In order to determine if disparity or discrimination is the cause of current over representation of minorities in the criminal justice system we have to study race, ethnicity and past discriminatory judicial practices. Are the historical discriminatory practices and past laws the cause of the systematic imbalance of power in relation to race, class and discrimination within our society that leads to more crime among minorities today?…

    • 1187 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Jury selection is laid down in the Juries Act 1994. While it is proven that there are reasonable alternatives to a jury trial and that there is no doubt that jury trial is both time consuming and expensive when compared with trial by magistrates or by a judge alone, however the right to a jury trial shall not be dismissed so lightly. The anti jury lobby deems the jury system unpopular the importance of which is considered only overrated. I will be critically analysing whether trial by jury should be abolished in the UK legal system plus evaluating the advantages and disadvantages of the system.…

    • 2051 Words
    • 9 Pages
    Better Essays

Related Topics