American Judicial System Essay, Research Paper

Heidi Plain

Dogma

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 effectively and equally

protect and defend the general public.

Regardless of similarities no two court cases are ever exactly identical.

Varying factors affect the outcome of each seperately. In the recent trial of a

19 year old nanny, the personal beliefs of the presiding judge had a drastic

effect on the outcome. After being convicted of murder by a jury the young

woman?s fate rested solely in the hands of an extremely compassionate judge.

He reduced her murder conviction to manslaughter in the death of 8 month old

Matthew Eappen and sentenced her to time already served thus the purpose of

trial by jury was defeated and the distribution of justice was placed solely in

the hands of the judge.

Judges must follow their oaths and do their duty, heedless of editorials,

letters, telegrams, picketers, threats, petitions, panelists, and talk shows. In

this country justice is not administered by plebiscite. A judge, is a public

servant who must follow his conscience, whether or not he encounters the

manifest wishes of those he serves; whether or not his decisions seem a

surrender to the prevalent demands. Due to the fact that not every defendant

can be tried by the same judge it is reasonable to believe that not everyone

receives the same kind of treatment. Convictions based on different standards

obviously detract from the equality under the law guaranteed to all citizens. It

is simply one factor in a list of many that prevents complete parity for all

regardless of their achievements, background or influence.

Crisis

To the displeasure of many American citizens the United States judicial

system does not always function as expected or hoped. Not everyone is

treated fairly or receives that which they deserve. The fact that justice is not

always served is unpleasant but true. Absolutely nothing in life is without

flaw including the United States system of laws and courts.

Occasionally an innocent person is convicted of a crime they did not

commit and conversely a person guilty of a crime is able to walk away without

penalty or punishment. It is not always possible to absolutely determine the

guilt or innocence of a suspect. Judges and juries receive all of the pertinent

information and are left on their own to make a decision.

Perhaps the number one issue that adversely influences the judicial

system is that of personal bias. Facts are not simply entered into a computer

or fit into a formula to result in an answer. Decisions are made by human

beings so personal prejudices and mistakes cannot be avoided. Juries and

judges are screened before assuming such prestigious positions but not every

issue can be confronted and resolved. Human instincts and beliefs tie into the

thought process involved in such procedures. Laws are interpreted differently

by different people. There is no way to create a completely uniform structure

with which to judge a supposed criminal. Basic guidelines have been created

to give some direction to those people who undertake the responsibility

associated with the judgment and perhaps punishment of a future human being

but even these are left up to interpretation. The founding fathers of the United

State of America hoped that the provisions they had created would preserve

their newfound freedoms for future generations. After an excessive period of

imperialistic rule the colonists greatly appreciated these neoteric privileges.

They wrote numerous documents in an effort to establish a sound basis for

their freshly formed independent nation. The judicial system now enjoyed by

the American society was just one of the numerous provisions they envisioned

upon the construction of these United States. Due to the fact that these men

were not infallible they did make some mistakes and were not able to foresee

the future. Therefore our judicial system does not allow all Americans to

receive and enjoy fair criminal trials regardless of personal wealth, gender,

race, and ethnic background.