What do you think about our justice system here in the U.S.?

Question

I think it is so wrong. A part of it is good, yet a part of it is the worst thing ever. Tell me your thoughts.

Answer 1

The problem with the justic system is that people lie a lot. The accused lie. Alleged victims lie. Cops lie. Attorneys lie. As a criminal defense attorney, I've had cases where I knew the victim was lying (and, in at least one case, was found out to be right when months after the case the "victim" was charged with the crimes for which I was sure he was lying about), but the District Attorney didn't believe me. He believed the cops version. The offer was probation and the down side was life in prison. It's all about avoiding risk, so, of course, the client takes felony probation to avoid life in prison. It's all about who you believe. DNA isn't perfect, but the public believes it is. Fingerprint analysis is not perfect either. There are no national standard for fingerprint analysis. Most analysts are not certified. But the public believes fingerprint analysis is perfect. (Look at the Oregon attorney whose finger prints were found to be very similar to prints connected to the terrorist bombings in Madrid, but who had never been to Spain and had nothing to do with the bombing.) The public thinks that cops never lie but they do. A couple ex-cop friends of mine tell me that cops lie regularly on the stand and in their reports to make sure that the courts find their traffic stops legal and to identify suspects. But who wins the credibility game beween a defendant and a cop? The cops always win unless they really mess up. The system is just too subjective. It relies too much on determining who is lying and who is not and one just can't really ever know when someone is lying.

I suspect that most accused are guilty. The trouble is that many are not and go to prison for nothing. How many, I don't know. I suspect it is a lot. And prison just makes it worse. Most prisoners learn nothing but how to con more folks and commit more crimes. They get out and no one will hire them, because they are felons. And our get tough attitude in society make more and more people into felons. Stress on the outside makes felons turn to drugs and crime. Prison and branding people felons makes the situation worse.

The trouble is that I don't know what the solution is. More drug programs like Delancy Street in San Francisco. It has a 90% success rate. I'd rather see the government spend its money on that than on prison. But the prison guard unions (particularly the one in California) has too much power and would not go for that. More prisons are better for them as they don't want to solve the problem but want to get more pay for members and more members (as one can see by the union's lawsuit to stop California from exporting prisoners to out of state prisons to help on overcrowding, which solves the overcrowding problem but makes it less likely there will be more prisons and, therefore, fewer union members). Someone needs to figure out what we are going to do with the millions of people behind bars in this country. I wish I was smart enough.

Answer 2

I'm glad Erik B answered the way he did. I agree with what he says.
The problem is too widespread to cover here and it could be debated forever.
This is the only system we have. It is imperfect, for sure, and there are no doubt people that are in jail for crimes they did not commit. There is no telling about the stats on this fact.
One problem I see is that there are those out here running free that really shouldn't be. They got out on some technicality and they are loose to do it again. This time they are a little smarter and know how to get around the law.
I really have a problem with the way overcrowding is handled.
Some are released that really don't need to be on the street again ever, but, since the original sentence was reduced due to a plea bargain, they already have the advantage.
I know money is always an issue. When was it not an issue?
What is the answer? With the problems so complex and so far-reaching, I doubt if we will see any improvement in the next 20 years and, in the meantime, new laws will be implemented that will hinder police activities so it will be even easier for criminals to get away.

Answer 3

There are few moral victories in our courts. I know good honest people who have simply been out-lawyered. It comes down to who can afford the "bigger guns", and the honest working man cannot afford to pay the outrageous legal fees, or wait eons because the trial dates get set so far in the future. So, he settles for justice not being served. I would like to go into more detail, but it would take too long. The truth is, changes need to occur. If a jury trial of one's peers were to happen expediantly, there would be more justice, but lawyers know how to delay that process and they charge out the wah-zoo. The truth is, you and I probably cannot afford justice.

Answer 4

There is no perfect system out there. Parts of it ARE wrong. There are some cases that I think should be judged and sentenced individually rather than sentenced based on law. Some cases don't even deserve a trial.

Answer 5

I think it is far from perfect, but overall, I think it functions alright. I wish though that everyone had access to legal advice. Kind of like a national health insurance, only for legal matters. Until then I will stay with Pre-Paid Legal, it is the closest and best thing I have found.

http://www.jelloshotz.com

Answer 6

I think it could be better,but it is better than alot of countries and it works..I think it is too back logged with cases and I am not sure if the correct amount of time is spent on each case..seems like the more money you have the better chance you have of getting off of a charge..but like I said it is better than nothing.

Answer 7

They are way too soft on people. If the system would "work" the first time around people wouldnt be so eager to go back to prison.
Just a free ride to most of them.

Answer 8

I agree good and bad. I work in the legal field. I think the Appeals process can take way too long.

Answer 9

The system is too inbred in my opinion. Simply put, all the judges are lawyers. That in itself is the problem.

Answer 10

You could write a thesis on this, so i'll just stick to my main proble with it.

Its barbaric.