Wait a second!
More handpicked essays just for you.
What are examples of injustices in criminal law, justice and society
The Supreme Court and civil rights
Don’t take our word for it - see why 10 million students trust us with their essay needs.
More handpicked essays just for you.
What are examples of injustices in criminal law, justice and society
The Supreme Court and civil rights
Don’t take our word for it - see why 10 million students trust us with their essay needs.
In this case, the prosecution used peremptory challenge to dismiss all of the black jurors. Batson claimed that the prosecutions use of a peremptory challenge violated the constitutions Equal Protection Clause (Findlaw | Cases and Codes, n.d.). The request was denied because Batson failed to show a pattern to which all of the black jurors were dismissed. The court established a standard for this case that a petitioner had to prove racial exclusion for discriminatory
On January 21, 1971with a vote of 9-0, the Supreme Court reversed the ruling of both lower courts. The opinion of the court was delivered by Justice William O. Douglass. The court did not rule a violation of the Equal Protection Clause but did rule a violation under “Section 601 of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in any program or activity receiving federal financial
The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.
The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.
This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all
There was never a “equal” part to the “separate but equal” principle. Justice Henry Brown of Michigan delivered the majority opinion, as he concluded he spoke, “If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane”(7) Plessy did no harm sitting on the train with whites, but they shamed him for something so minor concluding in injustice actions taken by the court. The Jim Crow law stated, passengers were required to sit in the appropriate areas or face a $25 fine or a 20-day jail sentence.(8) Plessy tried to fight the courts actions and do what he thought was right and protest for his race.
Court System Controversy Although there is a standard for courtrooms and how they should function it is, nevertheless, unrealistic and unable to be upheld due to bias, prejudice- either conscious or subconscious, and stereotyping. Initially, bias is using personal experiences to hold strong emotions toward a variety of groups of people. Bias can affect the court system in countless ways.
This case was extremely important and made is so children of all races could attend the same schools. This decision affected the Criminal Justice system as well as society as a whole and allows people to live they way they do
The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
In respect of civil rights, all citizens are equal before the law” (Newton, 2006, p. 294). Consequently, Plessy v. Ferguson’s separate but equal doctrine stood firm
Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.
Each State conducts its own criminal justice system, separate from federal authority, under the reserved powers of the Constitution. Alabama has its own bill of rights that recognizes the right of the accused to obtain counsel, but does not require the State to pay for attorneys to defend accused persons.” As for Powell the argument stated was this, “The young black men 's right to counsel was so fundamental to criminal proceedings that any trial conducted without a defense attorney was not a fair trial at all. Alabama 's conduct of the trial was unfair—a violation of a basic rule of decency and justice under the Constitution.” These two vastly different arguments made it rather challenging for the Supreme court to make a decision that was not favoring one side.
This case was not just an event in history, but a strong point that supported and still supports equality to this day. People can use this case to help support their reasoning for what they believe in and why certain actions should
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.