Other Free Encyclopedias :: Social Issues Reference :: Social Trends in America - Vol 4

The Legal System - You Are Under Arrest, You Are Charged With A Crime, You Wait For Justice To Be Served

The legal system is the whole apparatus that dispenses justice. Is our legal system in trouble? We will try to answer that question by looking at how criminal cases are handled, since crime is near the top of the list of Americans' concerns.

Our first panels address two issues: Is the criminal justice system too overburdened to guarantee a speedy trial? And: What is the likelihood of a person being convicted of a crime? The principle that justice should be meted out fairly and quickly was spelled out in the Magna Carta (1215): "Justice be to none denied or delayed." The American Constitution guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." Nineteenth-century British statesman William Ewart Gladstone (1809-1898) opined: "Justice delayed is justice denied." Today, one of the most frequently voiced criticisms of the American justice system is the excessive length of time it takes for justice to be served. Is it really taking longer these days to resolve cases, and if so, why? We will see that the war on drugs has created a crisis in the nation's courtrooms. And if likelihood of conviction is supposed to be an important determinant in crime prevention, where do we stand? How many persons arrested for crimes ever come to trial?

We continue with a look at the use of the insanity defense. Arguably, no other aspect of the criminal justice system is as controversial. Are more people "getting away with murder" by pleading insanity these days? Will they soon be set free by the wonders of modern medication and come after you?

We move next to a consideration of access to justice. Are the poor getting a fair shake when it comes to representation in the nation's courtrooms? We conclude the chapter with a look at hate-crime legislation. How is the Justice System coping with violent acts directed against people, property, or organizations because of the group to which they belong or identify with?

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Part II: Data Presentation [next] [back] Prisons - Who's In Prison?, Prisoner Demographics: Men, Prisoner Demographics: Older Men, Prisoner Demographics: Women