Recent data in the USA shows that the numbers of wrongful convictions that occur each year in the country vary between 5,000 and 10,000. This is a large number and it makes one question the proficiency and credibility of the justice system. When people do not follow the prescribed rules and understandings, then they are bound to make mistakes. Most often in the justice system, hearsay, fear, gossip, passion and individual intolerance replaces the substantial pieces of evidence that are meant to meet the prescribed standards in a court of law and justice is wrongfully applied. As much as the justice system tries to do its best, no system is perfect and that is why thousands of people are wrongfully accused of breaking the law and unjustly punished while others do not face the wrath of the justice even when they break the law just because of their wealth, power and influence. Justice is supposed to be blind and should apply to everyone rich or poor, black or white, able people or people with disability, but unfortunately this are high and unattainable standards in the U.S (Steinbach, 2010). The just system is not always right and several innocent people have suffered under this ‘just’ system. This is the thesis statement that will be discussed in the paper.
Although our justice is better than most countries in the world, it is still far from perfect. Are there good dedicated prosecutors and police in the country who are totally committed to serving true justice? Yes there are. Are there qualified and capable attorneys who will do their utmost best on behalf of their clients? Definitely there is. Unfortunately, there are also other lawyers, judges, prosecutors, police, science forensics, juries, medical examiners and other experts in the justice system who are shoddy and just joined the justice system for their own self gain and not necessarily to uphold the law and to see justice served. They are exposed to the entire gamut of human frailties including ego, pride, hate, intolerance, influence, power, envy, deceit, ambition among others and all these shortcomings hinder them from delivering justice (Locke, 2013).
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For example, in a court in Texas, after a reckless, wealthy, young reckless driver killed four people and left an elderly woman in a critical condition, he was prosecuted in court. As the defendant used the argument of ‘affluence’, the presiding judge only found him guilty of driving under influence and sentenced him to 10 years of probation. When outrage swept the legal profession, nothing could be done and another trial was not an option as the disciplining judge was retiring. All this makes one wonder, ‘where is the fairness?’ ‘In which constitution is it stipulated that the affluent are above the law in the country?’
In which ways is the justice system broken?
The justice system is crawling with bad lawyers, prosecutors, judges, junk science forensics, police, and juries. There are a lot of false confessions, shoddy work by the medical examiners, fake experts who go forth to give testimonies, highly restrictive rules for new evidence, finality of judgment, eyewitness identification and recantations. For instance, when a person has been indicted, there is no time to search for performance records of lawyers and thus one is unable to find a good lawyer. Furthermore, the best criminal lawyers in the country are very expensive and thus middle to low class Americans are unable to afford them thus settling for a government appointed lawyers. In addition, there are lawyers who passed the bar exams but are still incompetent in defending a criminal in court.
On the other hand, prosecutors (state’s attorneys or the DA) are government officials who have been voted in and therefore they primary concern is to get reelected. This makes them aggressive in the fight for justice. However, this aggressiveness makes them loathe admitting that they wrongly prosecuted someone as it will blemish their ‘perfect record.’ As much as prosecutors can be held accountable for any misconduct, it is very difficult to prove and rarely do they face consequences for their misdemeanors (Locke, 2013)
Does justice still exist?
Although the justice system is imperfect, to some extent, it still exists. Many a time, we focus on the negative aspects of the justice system and we forego the good. Thousands of people in America are arraigned in court each year for different transgressions and face justice. However, human beings tend to concentrate more on the negative features of any system and the justice system is not spared. Even after a police department has a perfect record with enforcing the law, a court with top score in judging perpetrators without any prejudice or bias, one single mistake will make the whole public roar with anger. This implies that there is no room for mistakes in the justice system. Everyone in the system regardless of the position one holds, should work tooth and nail to ensure that justice is justly applied to everyone in the country and no mistake is done. A simple mistake in a justice system can be lethal and lead to loss of life or create mental problems and distress to people who are unjustly punished by the law (Locke, 2013).
In 1997, when two armed robbers robed a convenience store in Kerrville, the owner of the shop refused to comply and one of the robbers fatally shot him, allegedly against the advisement of the other defendant. When these two were indicted, the jury in 2002 found them guilty of capital murder and sentenced them both to death by lethal injection. Although their offence deserves harsh penalties (the forfeiting of the murderer’s own life for the life of those unjustly taken), is really justified for the one who pulled the trigger to face the same fate as the one who did not? Human life is very precious and it should only be taken when duly justified and in the case of the second offender, his life was taken unfairly. The jury was prejudiced in their judgment when they sentenced both offenders the same although they committed different offences (Simpson, 2016).
Conclusion
David Crockett, a 19th century American soldier and politician, once said, “Be always sure you are right, then go ahead.” This quote should be taught to every jury, judge, police, prosecutors, lawyers and advocates, police and all other stakeholders in the justice system. They should always remember that before undertaking any activity, make any judgment, decide to defend an offender, they should consider the evil that the offender has done and its implication on the psychological, physiological and emotional status of the plaintiff. Before a judge sentences an individual to death or the police removes the gun form the holster to shoot a citizen, they should remember that human life is sacred and everyone has a right to life and fatal penalties should only be given when need be. The justice system should uphold equality and equity in the country and it should not only consider their ‘donors’ and the affluent in the society but they should make conscious decision without prejudicing on the race and social class. The main aim of the justice system should be to avoid doing any wrong in measuring and meting out appropriate judgment at every step in the criminal justice system lest we subvert justice in the name of exacting it.
References
Locke, P. 2013. Why I Think the Justice System Is Broken- And Why It’s Not Getting Fixed. The Wrongful Convictions Blog. Retrieved on October 13, 2016 from https://wrongfulconvictionsblog.org/2013/02/20/why-i-think-the-us-justice-system-is-broken-and-why-its-not-getting-fixed/
Simpson, D. 2016. Let’s Exact Justice and Commute Jeff Wood’s Sentence. Law and Order: A Publication of the Texas Tribune. Retrieved on October 13, 2016 from https://www.tribtalk.org/2016/08/19/lets-exact-justice-and-commute-jeff-woods-sentence/
Steinbach, L. 2010. The Justice System in America is Always Right: Related to ‘The Crucible’. E- Notes . Retrieved on October 13, 2016 from Www.Enotes.Com/Homework-Help
