As such, it is important for the legal system to ensure that there is fairness across the board for those involved in the legal system, whether defendants, plaintiffs, or others. There are two ways in which the legal system ensures fairness. On one hand, there are the general presumptions and procedures to ensure a fair trial or court hearing. On the other, there is the system of law which is intended to ensure fairness in society; this is known as the Law of Equity.
However, the weaknesses of the criminal justice system, which includes racial and socioeconomic bias, can undermine this ideal of fairness.
Overburden In certain areas of the U. In his memoir, "Indefensible," public defender David Feige describes the overworked, overwhelmed criminal justice system operating in the Bronx, New York. The fairness and rationality of the criminal justice system are often undermined by the fact that the system is heavily burdened in terms of sheer numbers.
Socioeconomic Bias The criminal justice system is biased against individuals of lower socioeconomic status. Ideology, Class, and Criminal Justice," the current justice system is significantly biased against poor people. Reiman points out that the crimes more typically committed by poor people are punished with greater harshness and longer prison sentences than those of executive or corporate criminals.
|Bouvier's Law Dictionary, Edition - Letter S||The decision to prosecute or to discontinue a prosecution is among the most significant of the decisions that will be made by a Crown prosecutor.|
White-collar crimes, such as environmental pollution by corporations, or the refusal to make workplaces safe, are more typically punished with a fine than a custodial sentence. Therefore, rich or corporate criminals often get away with breaking the law, whereas a poor individual is much more likely to feel the full force of the criminal justice system for a crime with less overall impact on society.
Racial Bias The criminal justice system is biased in its treatment of nonwhite defendants. This systemic racial bias was identified in a report issued by the National Institute of Corrections.
The report calls the treatment of black and Latino individuals by U. Blacks, Latinos and other minorities are frequently subject to racial profiling, unfair police targeting, biased decisions regarding criminal charges and plea bargains, and discriminatory sentencing decisions.
For example, the NIC report notes that from the start of to the end of70 percent of traffic stops by Maryland State Police on Interstate 95 involved black drivers, although only This example is one of many ways in which the criminal justice system shows racial bias.The prosecution of federal criminal cases in each of the U.S.
District Courts is the responsibility of the U.S. Attorney for that District. Each U.S.
Attorney is appointed by the President and reports to the Attorney General. Bouvier's Law Dictionary Edition. S. SABBATH. The same as Sunday. (q. v.) SABINIANS. A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name. CRIMINAL PROCEDURE(THE BAR LECTURES SERIES) Updated Edition BY WILLARD B.
RIANO Bar Reviewer in Remedial Law. is and in to a was not you i of it the be he his but for are this that by on at they with which she or from had we will have an what been one if would who has her.
The decision to prosecute or to discontinue a prosecution is among the most significant of the decisions that will be made by a Crown prosecutor. Prosecutions which are not well founded in law or fact, or which do not serve the public interest, may needlessly expose citizens to the anxiety, expense and embarrassment of a trial.
CJUS Criminal Procedure STUDY. PLAY. Since the mids, most U.S. Supreme Court justices have taken the _____ incorporation approach in determining whether the Bill of Rights applies to the states in protecting the public.
The decision extended the exclusionary rule to state prosecutions.