The American Judicial System Essay Research Paper

  • Просмотров 111
  • Скачиваний 4
  • Размер файла 15
    Кб

The American Judicial System Essay, Research Paper The judicial system of the United States allows all Americans to receive a fair criminal trial regardless of personal wealth, gender, race, and ethnic background. Courts of law are used in an attempt to administer justice by the application and interpretation of the law. Due to the provisions established by the Constitution it is therefore believed that the Judicial System is operated to the benefit of every citizen, not a select few. The most obvious evidence of the efforts to uphold justice is apparent in the United States Court System. These courts enforce that which must be obeyed and followed by citizens subject to sanctions or legal consequences: a body of rules of action or conduct prescribed by controlling authority ,

and having binding legal force. (The Black s Law Dictionary) Their usage expands the capability of the government to more fairly and adequately govern the people. Not only do the courts aid in the punishment of criminal offenders but they also ensure and preserve the rights of all victims. The United States Constitution most accurately demonstrates the promises that the founding fathers hoped to provide for the benefit of future generations. It is a document that guarantees individual rights and freedoms for all citizens regardless of their differences. Primarily it focuses on correcting any and all foreseeable injustices. Amendments such as the fifth amendment set the guidelines for the conduct of the judicial system. It states No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a grand jury nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law… (The Black s Law Dictionary). Similar to many criminal laws and procedures these amendments must strictly be adhered to in order to ensure the truth the delivery of justice. Processes such as the reading of Miranda Rights upon arrest and the necessity of a Writ of Habeas Corpus provide a form of protection for the American public. Proper procedure aids in the preservation of the rights and freedoms granted to citizens of the United States. Anomaly

Unfortunately exceptions to even the rules of democracy arise. America is by no means the picture perfect society. Injustices and unfair rulings decidedly do occur thus detracting from the freedoms and right associated with democracy. Advantages such as personal wealth can often times give a person an unfair advantage over their less prosperous peers. The O.J. Simpson case is a prime example of wealth affecting the treatment of an accused criminal. Due to his athletic abilities O.J. Simpson was able to acquire an incredible amount of personal assets. This money enabled him to hire a team of the best lawyers available. Oftentimes an average citizen is unable to afford proper representation and is appointed a lawyer by the court. These lawyers are sometimes ill-prepared and

unqualified to represent traffic violations let alone murder trials. Being paid on a menial salary basis they have less incentive to totally dedicate themselves to each case. O.J. s panel of lawyers on the other hand were given almost unlimited financially and educational resources. Obviously having a handful of the greatest legal minds at his disposal gave O.J. a certain edge that is not available to everyone. His case is not the only one. Money talks in America. It is hard to believe that justice and special favors can be bought but it is reality. When an exorbitant amount of money is involved it is possible to sway a person s moral beliefs and convictions. Money can easily leads to greed and corruption as demonstrated by the failure of the American judcicial system to