Why does the American Legal system contradict itself?

Question

Why is it that our American legal system contadicts itself in many areas, but so many people believe the "system" works?
Examples:
1) It is illegal to commit murder, but states can justify sending someone to death row.
2) We are protected against "cruel and unusual" punishment, but a convicted felon will ALWAYS be turned away for jobs, Apartments, etc. even after they have paid their dues to society.
3) In divorce and child custody proceedings, the courts claim to seek what is in the best interest of the child. 95% of all child custody cases are in favor of the mothers. How can this system be balanced when the odds are so heavily out of balance?
4) In criminal cases...a ***** is 85% more likely to be put in prison than any other race, yet the goverment has strict laws against discrimination.
5) In American law...it is illegal to extort money from people. Why then can one lawyer charge 2500.00 for a case, but a lawyer across the street can charge 25,000.00 for the same case?

Answer 1

It begins with the constitution when that is perfect the legal system still won't be. Feel me, now why beer is legal and kills many people via drunk driving is beyond me. It killed my brother when I was 7. Now if he had been puffing the Chiba he'd still be alive. So why is it illegal. It's far from cigarettes. Which kill people everyday and yet manage to not only get sold, but get their taxes upped. Which in turn means the government makes more and more off a killer. Back to the point if we are truly innocent until proven guilty how come no one ever tries to prove our innocence? If laws get broke people get punished. But if those laws in turn allow people to be punished even after punishing them who gets the blame. No one power overshadows everything. They won't check it so there will be no balance. But there will always be a deficit. So money makes America go round and will always be welcome. What is fair and what is fair enough is the unbreakable answer.

Answer 2

1. The state or a collection of jurors determines that a crime was so Hannis that the convicted has no chance of rehabilitation and death is the only fitting punishment.

2. When you commit a felony you do forfeit some of your rights. You can no longer vote. Work for state, local of federal government agencies or for companies that have contracts with same. Besides ALWAYS is probably an over statement.

3. Odds just sometimes work out that way. Each case would need to be looked at individually. Sometimes the father doesn't even contest custody.

4. Each case would need to be looked at individually. The answer could be because they were guilty.

5. Lawyers are a supply and demand business. You can get a free lawyer but you pay your debt to society on way or another. Some pay in cash others time. How much would 15-20 Years of your life be worth?

Answer 3

Wow, some really good answers to this question, even though the question exposes flaws in the thinking of the asker!

Fred the Dog and Fnkycolmedina had GREAT answers.

1) It's not murder when a jury and a court, acting on behalf of The People, convicts a murderer and he is executed. That is morally, ethically, socially sanctioned killing to PROTECT SOCIETY. To equate it with murder is specious.

2) It is not the government or the legal system denying the convict anything -- it's the private sector. Why would you think this was "cruel and unusual punishment," and why would you think it had anything to do with the System? Denial of job opportunities is not something that the court sentences them to -- it's merely a consequence of their criminal actions, and they have THEMSELVES to blame for that. It's no more illegal or unconstitutional to not want to employ convicts than it is to not want to date fat ugly chicks. The prohibition against C&U punishment is a restraint on the courts.

3) It's true that many courts and judges screw over men BIG TIME in family court proceedings. It's an uphill battle for men, that's for sure. There are even some men banding together to make political action groups to get men back their EQUAL rights before the courts.

4) This is crap. If people of a given race are the ones committing the majority of the crimes in a given area, it should come as no surprise that people of that race are going to be making up the majority of incarcerated people in that area. Duh.

5) No one is forcing anyone to go to the lawyer who charges more. How on earth can you claim that this is extortion?? You sound like you just have sour grapes because you got charged a lot by a lawyer or something. You might as well call it extortion that one store sells a can of soup for $1.89 and 7-Eleven sells it for $2.50! Get real, dude!

Answer 4

Nice play on words, but here's where you're going wrong...


1) Getting killed by a thief and dying by lethal injection for killing a cop are two very different things. You are being punished if you kill someone. You forfeit your rights (and in some states, your right to live) by becoming a felon. The punishment should fit the crime, as it does in some states.

2) You are making another wild assumption here. A convicted felon gives up rights while sitting in a jail cell. Once released to society, it's perfectly fine for a private institution such as a restaurant to deny employment based on a criminal record. You're talking about the "private" sector of society. This is not the legal system at play.

3) 95% of child custody settlements go to men? Nah, that stat is bogus. Even if it were remotely close to accurate, realize that children are often in better homes with their mother than with their father. Any psychiatrist can tell you that. Also, that stat doesn't tell you anything about how often men don't put up a fight for custody.

4) Again, the stat seems bogus or at the very least, out of context. At the poverty level, crime rates are higher. Also at the poverty level, there are more minority ethnic groups. Therefore, it's more likely that a person of racial minority is more likely to commit a crime. It's a mean fact of life, but it's true. Obviously, there might be some racist people in the judicial system, but the system itself is not to blame. After all, we're all human.

5) Umm, I think you are confused as to what the word "extort" means. Extort means to obtain by coercion or intimidation. How can that apply here? You are free to choose your lawyer...

Answer 5

1= one is murder the other is punishment
2= the legal system has nothing to do with people not wanting ex-criminals around their business or homes.
3= because 95% of the time the child needs the mother more than the father.
4= Blacks are 85% more likely to commit a crime.
5=Free enterprise system, not legal system.

Answer 6

I guess that's why they say Justice is Blind or who ever has the best lawyer wins.lol

Answer 7

because it's in a experiment in social organization and not a dispenser of absolute truths

Answer 8

It just does

Answer 9

Sorry, but I don't see the contradiction.....