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Literature & Language
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English (U.S.)
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Judicial Injustice (Coursework Sample)

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Description of SUFFERING in the AMERICAN prisons as portrayed in the book "Executed on a Technicality: Lethal Injustice on America's Death Row,"by David Dow

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Content:

Judicial Injustice
Name
Institution
Judicial Injustice
In a society, misunderstandings are prone to emerge between individuals. When such happens, the judicial system comes in to settle the differences. However, if such a judicial system is flawed, administration of justice is distorted. In his book "Executed on a Technicality: Lethal Injustice on America's Death Row," David Dow presents the injustices prevailing in the American judicial system. This essay seeks to reflect on the message portrayed by Row based on the awful happenings portrayed in the book.
The book "Executed on a Technicality: Lethal Injustice on America's Death Row" reveals the nasty things prevailing in the American judicial system when executing death penalties. Whereas in the mind of the public the convicts are viewed as criminals, the book depicts that this is not the case on the ground. As it turns out, these people have sometimes sincerely given in, but forgiveness is denied. A good example is a scenario involving Jonny Joe Martinez, who despite having sufficient grounds for appeal, was nevertheless executed (Dow, 2005). As it turns out, the prisoners who are sentenced to death are capable of modifying their behaviors if only subjected to rehabilitation. As such, they are people who can lead meaningful lives with both the family members and the society if only given that chance. The case of Johnny Joe Martinez who killed Clay Peterson is a clear indication of a denial of chances to reform. It is noted that Martinez took the initiative of calling the police and even described where he was. Additionally, when being arrested, he showed no resistance. Further, from his life history, it was noted that he had never been convicted of any crime. Notably, though he remembered killing Peterson, he could not explain how it all happened. However, despite all this, the judicial system dealt ruthlessly with him. For a chaste court, it should have done a thorough investigation into the events leading to the killing so as to determine the genesis of the awful incidence. Hence, as it turns out, the cases involving the convicts are exaggerated so as to perpetuate the evil motives of some malicious individuals.
Notably, the notion that prevails in the in the minds of people that the judicial system is a vehicle for justice is annulled by the malicious acts prevailing in the judicial system. The case involving Roger Coleman, who was denied the appeal on the ground that his lawyers failed to use the conventional registered mail to file the appeal, is the other indication of the prevailing injustice in the American judicial system. Rather, the judicial system has been converted into a body for the fulfillment of the evil desires of malicious individuals. As it turns out, both the police and the prosecutors provide biased evidence making the prisoners be executed falsely. The case of Cesar Fierro who coerced to confess a murder case he never committed presents the decay in justice administration. In addition to forced confessions, incompetent judges, and lawyers, these important people entrusted with the execution of justice are also racist. Racism is especially noted in the case involving Brandley, who was suspected of murdering a young lady (Dow, 2005). Though he found near the body in a company of three white janitors, he alone was singled out. Notably, the lawyer kept on referring to him as nigger. Additionally, when one of his colleague workers, a white janitor volunteered to testify in the case, he was persuaded to lie and later convinced not to testify at all.
To emphasize on the decaying nature of the judicial system, the author strikes a comparison between private and court provide lawyers in Texas. From the description, it is clear that defendants using private lawyers are more likely to be acquitted as opposed to defendants using court provided lawyers. To worsen the matter, though these evil acts are well known, no one seems to care. Additionally, the cases of an inmate prosecuted despite the vividly clear evidence that his court-appointed lawyer was incompetent is the other evidence of the ills prevailing in the American judicial system. Specifically, the lawyer came to court drunk, in addition to being a cocaine addict (Dow, 2005). All these incidences provide sufficient grounds that the judicial system is clogged with impurities that need immediate remedial measures. It is also clear that the law has been framed in such away the appealing is almost an impossible procedure. As such, once one is sentenced to death they are doomed. Contrary to the initial judicial system when appeals had a 60% probability of succeeding, it is surprising that only 11% have a possibility of going through in the current American judicial system. This is a clear indication of how criminal justice has been perverted in the American judicial system.
The book presents the prevailing scenario in the judicial system, where vicious criminals evade the law by employing influential lawyers. The crucial role played by influential lawyers in the court system is depicted by the fact that when the state seeks for the death penalty it employs either privately reserved lawyers or the federal public defenders who are known to be experts in capital cases. This is a clear indication of manipulation of cases prevailing in the American judicial system. In contrast, helpless convicts who are represented by careless lawyers in addition to incompetent judges presiding over their cases, face an unfair capital penalty. The case of Carl Johnson is another good example of the awful ordeal faced by inmates. It is noted that Johnson's lawyer was noted sleeping in the course of the proceedings that prompted the judge to respond wrongly to the question asked by the jury (Dow, 2005). This was a trivial mistake as it would have led to issuing of a capital verdict against Johnson. Notably, though Johnson had a second lawyer, it is noted that he was just a fresh graduate who had not handled any capital cases. Hence as it turns, out, Johnson was doomed to die, and there was little possibility of reversing his predicament. This is a clear indication of the laxity prevailing in t...
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