Tuner Critique Brock Allen Turner was a Stanford University student. However, after a frat party his life and another women’s life changes. Tuner was caught raping a woman who was unconscious behind a dumpster. With two witnesses present in court, Tuner was only sentenced to six months and jail. To many people including myself, felt that the sentence should have been longer. The shortage of punishment has led people to question the judge who decided the punishment. A petition for a recall election lead to different opinions about how and if a recall should take place. Paul Butler a federal prosecutor wrote an article about the Stanford case entitled “Judicial Recall Will Inevitably Lead to Hasher Sentences.” In this article Butler purposes that a recall is unnecessary because of one mistake. Butler does not view the punishment for Tuner appropriate, but sees the sentence as progress. The claim Butler makes as an excuse for the judge is bias for whites. With support from Angela Davis, Butler approaches the Stanford situation that happens regularly and is expected. Butler’s last reason to not have a recall is punishment. Butler believes that judges will have harder punishments. However, the victim will not feel any more relief from a hard her punishment for the rapist. Butler had references to support his claims and an …show more content…
He states that judges should be independent, but if something unlawful happens a recall should take place. Kevin explains that recalls and minimum sentences prevent judges from opposing the law. Kevin points that judges should be recalled even if it is only one mistake. He asked several questions about the judge’s conclusion. However, considering different questions and factors, Kevin believes that recalls can be
Another perspective surrounding the American criminal justice system is that people only criticize the system because the results they wanted did not occur. Some people go as far as to say, “THE criminal justice system doesn 't work” (Haberman). But why do people have these strong feelings against the American criminal justice system? Haberman’s interesting viewpoint answers that question when he says, “It seems to be a popular pastime: trashing the system when it does not produce the results you want.” From this quotation one can consider that some people disparage the system so heavily because they disagree with the rulings, not because the judgements are wrong, but simply because they do not like them.
Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.
The united states is one of the most empowered country’s from our economy, to our military, but like every other country we have our flaws. Our flaws are found in our judicial system. You can witness these flaws by watching the HBO series paradise lost, a documentary about the West Memphis three, a brutal killing of three West Memphis boys. This court case shows many flaws from the bias to the actual evidence the prosecution shows.
In the history of the United States of America, there have been many situations in which a trial was unfair, both in the cases of state and federal indictments. However, none of these have measured up to the outrageous inequity and negligence by the Alabama legal system in 1930. This poses the question: to what extent did the Scottsboro Trial reveal the faults of the U.S. Judicial System? Going so far to tie back to the Constitution, the Scottsboro Trial violated many rights of these boys, regardless of race; even the judges and prosecution put the system to shame. Aside from years of trial, falsely incriminating evidence, and biased courts, the Scottsboro boys faced years of judges, prosecutors, and mobs trespassing on their basic human rights.
ANNOTATED BIBLIOGRAPHY Alexander, M. (2012). The New Jim Crow: Mass Incarceration in the Age of Colorblindness (Rev. ed.). New York, NY: The New Press. Michelle Alexander in her book, "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" argues that law enforcement officials routinely racially profile minorities to deny them socially, politically, and economically as was accustomed in the Jim Crow era.
John Brown also talked about how he got a penalty because “he admire the truthfulness and candor of the greater portion of the whiteness who have testified in his case”(187) During the
A fair and unbiased court system is necessary for the legal system. The role of the court is to correct any injustice, not to compound it. When prejudice and corruption leak into the courts, what recourse do we have for eradicating them from society? Our judges must be stalwarts of integrity because the power to move our country forward or hold our country back often lies in their hands. Judge Persky had the power to bring justice to a victim, to help her and her family move forward.
Justice within the context of today’s round can be seen as exclusively retributive as we are discussing a just response towards a transgression of American law. The central question of the resolution is whether a just society ought to implement jury nullification as a legitimate check towards the exercise of governmental power thus
(2014). The Trayvon Martin Trial - Two Comments and an Observation. The John Marshall Law Review, 47(4), 11th ser. Retrieved February 21, 2018, from https://repository.jmls.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=2086&context=lawreview.
In her book, The New Jim Crow Mass Incarceration in the Age of Colorblindness, Michelle Alexander who was a civil rights lawyer and legal scholar, reveals many of America’s harsh truths regarding race within the criminal justice system. Though the Jim Crow laws have long been abolished, a new form has surfaced, a contemporary system of racial control through mass incarceration. In this book, mass incarceration not only refers to the criminal justice system, but also a bigger picture, which controls criminals both in and out of prison through laws, rules, policies and customs. The New Jim Crow that Alexander speaks of has redesigned the racial caste system, by putting millions of mainly blacks, as well as Hispanics and some whites, behind bars
Forty years have gone by and I think it’s finally time we acknowledge the inconvenient truth; Capital punishment is not a fair means of punishment and disproportionately affects minorities. In the landmark Supreme Court case McCleskey v. Kemp, a study conducted by David Baldus, a late Iowa Law Professor, concluded that black defendants indicted for murder were convicted nearly twice as much as white defendants and black defendants who killed white people received the death penalty four times more often than black defendants who killed other black people. This argument was a highlight of the case, but did not stop the Supreme Court from ignoring the statistics regarding racial bias in capital punishment cases. A vote of 5-4 ruled that tendencies
Coker gives great evidence that supports racial injustice in the criminal justice system. She discusses on the Supreme Court’s rulings and accusations of racial preference in the system. This article is helpful because it supports my thesis on race playing a role on the system of criminal justice. Hurwitz, J., & Peffley, M. (1997). Public perceptions of race and crime: The role of racial stereotypes.
It is fraud, you know it is fraud! What keeps you man?" (Miller 78). Those who were unhappy did not believe the court was protecting the innocent people the way they should. Some members of the community think that the court is not handling the prosecutions correctly and their decisions should be revised.
This may cause a judge to render a decision based on obligation instead of holding true to their beliefs. This pressure is not easily felt as intensely by appointed judges, especially those with lengthy terms. In considering the equity of the pros and cons it is my opinion that the existing system in place works best. Every system is flawed.
The black and white communities of Maycomb hardly ever come across one another, and in the rare occasion of such occurrence, the black individual most likely will get punished. Maycomb County is filled with so called “laws” that punish the black individual with