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Law Essay Example: Our Broken and Unfair System of Justice

2021-07-15
5 pages
1260 words
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University/College: 
University of California, Santa Barbara
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Essay
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Broken and unfair system of justice involves the undermining of legal and constitutional means to uphold truth and administer fairness. The system of justice may be limited by many factors that limit the effectiveness of passing justice in a transparent and reliable means that is consistent with some laid down facts about an aspect. It might be as a result of corrupt minds, societal aspects, protecting the opinion of the prominent leaders or cultural and racial differences (Bottoms & Tankebe, 2012).

Challenges in the system of justice

These are the problems existing within the system of justice which makes loose of the expectations by citizens. They are factors which impede the submission of fairness and justice implied by legal means.

Rapidly changing technology- there has been changing technology over the years and which is expected to bring a major improvement in the field of intelligence especially forensic science. Innocent people at times land being found guilty and convicted of crimes they are not aware because of unavailability of real DNA testing which would otherwise confirm the suspect. In most cases, it is only prioritized on evidence provided by the witnesses with little concern for DNA technology which would prevent post appeals which may contradict and lower the reliance on fairness when seeking justice (Fine & Cauffman, 2015).

Insufficient expertise and inaccurate forensic science- the events where less or no skillful resource is engaged in handling the forensic technology, it is therefore not guaranteed of getting the right testimony rather than unintentional scientific errors that may prove guilty of an innocent person. In this case, the law should provide sufficient how some of the methods should be carried out and a clear definition of the plea should be determinable (Braswell et al., 2017).

The unreliable process of appeal- the appeal process is most of the times determining the process that occurred in a lower court and merely on fairness regarding innocence or guilt. The process is usually short and the verdict is raised within the shortest time frame mostly depending on the earlier ruling which may lead to making the innocent suffer (Braswell et al., 2017).

The ill-motive of the law enforcement authorities may cause the verdict land on an innocent person. In a scene where a crime has occurred, the police engage in a quick search for evidence and even without thorough investigations, if suspected maliciously by an enemy the likelihood the trial will end having you apprehended and convicted is also high (Bottoms & Tankebe, 2012).

In some instances, racism is often used to make injustice rule. There are some cultures where the supremacy of their color may determine who and how to win in a case against the other. The prejudice is most prevalent when the suspect is of the minority and less superior color as regarded and the testimony is forced to originate from the more regarded superior race (Brayne, 2014).

The system of justice and the involved protecting and claiming for the fair trial and administration may at times be running for their own interests and happen to kill the justice offered. Their understanding and interpretation is always what is relied upon and may, therefore, be jumping to land on the conviction as may be predetermined by selfish interests (Braswell et al., 2017).

Effects of dysfunctional justice system on our society

It is exact to say that the distorted justice system will have to bend the expected paths of administering justice and therefore the impact on the society is building negative motive.

The effect of all this is to make a mockery of law and to encourage a lack of respect for it. When the expected justice is not sufficiently and transparently administered and there is bold recognition of the ill that has caused diversion of the justice then the people will interpret the law has no importance to them anymore. They will lead to losing confidence in the system set for governing the people's ways and justice and on their side may also break the laws in revenge and to gain the equal rights as the jury has in bending the same laws (Laxminarayan, 2015).

There is increased invisible inequality among the living citizens. It appears as people are harmonized and are living together with utmost friendliness but in the real sense, there is hatred threatening the friendly neighborhood. It may be easily determinable how people feel when the system of justice has fully denied them the moral right and are no longer obliged to follow the same law. People will always see some as better raised and above the rule of law and this inequality will push them apart making loose of the bonds pulling them together (Brayne, 2014).

The system will lead to exhausting public resources since the distorted justice will mean the innocent will fall to the trick of being imprisoned and the guilty will be released free to the society and the attempt to involve another crime is also high. Therefore the resources will be wasted imprisoning the innocent and again running after the guilty who may attempt to another crime by default. The people will have no opportunity to handle the case of the guilty and will mean to lose in terms of keeping watch over the relieved guilty (Brayne, 2014).

In effect, there are all struggles to make justice restoration and all attempts to uphold the moral right and obligation of every institution and marry them with the people's consent. People and financial resources must be paid to ensure the system is again restored and working as expected and people have gained trust in the justice system. The following careers are among the people who are paid highly to make the system work:

The lawyers are the most paid persons who are engaged in making the administration of justice by the system has been made without any biases or impunity on anyone found. The system requires that the suspect have a representation by a lawyer to ensure administration of justice fairly (Brayne, 2014).

Private investigators are used to gathering the background information concerning the scene and are therefore part and puzzle of restoring the system of justice. Their findings are much relied upon and therefore work with utmost good faith and submit the required information for the trial determination.

The engagement of forensic psychologists makes the system work by ensuring that they determine the human behaviors and the type of suspect for a given crime. This ensures making a good analysis of the crime before the trial and by subjecting the suspect to some pre-determined form of behavioral aspects in which the results will be balanced to form a close judgment whether there is any relationship between the crime and the suspected criminal (Laxminarayan, 2015).

The police or the law enforcement authorities are involved mainly to keep law and order and ensure that the safety of all persons is enhanced. In most cases the police are dependable to seeing justice is administered and the hunting down of criminals is done timely.

 

References

Bottoms, A., & Tankebe, J. (2012). Beyond procedural justice: A dialogic approach to legitimacy in criminal justice. The journal of criminal law and criminology, 119-170.

Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2017). Justice, crime, and ethics. Taylor & Francis.

Brayne, S. (2014). Surveillance and system avoidance: Criminal justice contact and institutional attachment. American Sociological Review, 79(3), 367-391.

Fine, A., & Cauffman, E. (2015). Race and justice system attitude formation during the transition to adulthood. Journal of Developmental and Life-Course Criminology, 1(4), 325-349.

Laxminarayan, M. (2015). Enhancing trust in the legal system through victims rights mechanisms. International review of victimology, 21(3), 273-286.

 

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