Discrimination in US Judicial system

the States judicial formation has been acc employ of discrimination especially when it comes to mandatory sentences. There has been a salutary disparity as far as sentences ar concerned with virtually sorts film the appearance _or_ semblanceingly being favored by the police while others build been tempered harshly. This state of affair is sad for this country as it seems to apportion the country in mobes especially on racial basis. The minority groups, the African the Statesn, Latinos and women thrust been seriously contacted fashioning human rights groups to agitate for the substitute of equitys to apply equally among all the groups.These inequalities in the application of the constabularys seem to be retrogressive as far as our endeavor to prep be America an all equal country is concerned. The judicial dust seems to be applying the fair play unfairly making whatever feel less American than others. This does non auger well for the national cohesion as the dis advantaged group whitethorn feel that this is an attempt to sideline them on various lines and they whitethorn opt to solve the problem in whatever means functional to them including violence in that locationfore affecting the America stability.These disparities non unaccompanied affect the guilty but besides the innocent who ar harshly sentenced for the crimes they did non commit. (Kinzie, M 2002) This may be detrimental for the fight against crime. If we continue gravid so harshly and furthermore seem to discriminate, the crime rates testament only rise as sight especially those who are straight off or indirectly affected by this discrimination in rightness tape their dissatisfaction on the unfair interposition opting to use violence. To fully dish out the disparities in sentencing in our judicial system, causes of this unfair treatment by our system need to be turn to carefully.Police Department which is charged with the role of apprehending the law offenders has been identified as on of the areas where the discrimination is so rampant. Many Americans have reported being searched or flush checked for the crimes the have not move only because they had a resistent color or spoke with a different accent from that of the arresting officer. I t is the police who arrest and align the suspected law breakers to the court. I f they are biased in term of race or other aspects the suspects may not feel that they bequeath receive a fair treatment.The treatment may further be extended to the sentencing itself, therefore making the victims stand confidence on our judicial system. (Jeremy, K. 2004) Human rights groups have reported that there have been more arrests as far as minority groups are concerned. This has created a perception that the minorities commit crime than their white counterparts, this perception has even been extended to our judicial system with our judges being biased when a case involving a person from a minority, instead of as king critically at the facts laid down the issue of race clouds the system making him or her rule a harsh treatment.We may not altogether blame the police and the judges al cardinal for the unfair treatment of the progeny but our law system have failed to dish out the issues at hand. The laws seem to be biased from the word go and this perhaps is where the problem lies. settle base their sentences on the law the law prescribes a certain penalization on a particular crime committed. There are some of the laws that seem to be lenient on some offenders. Althugh this may not be directly proved there exists some disparities as far as sentences prescribed are concerned.Looking at the penalty through a social perspective one may not fail to disclose that there is some form of discrimination of certain groups. A right(a) case at hand is the issue of drugs, cocaine is one of the drugs that is ill-treat by Americans of all walks of lives be they poor, rich, black, white and Latinos. Surprisingly the sentences prescribed differ when it comes to the type of cocaine in question. There are two types of coaine the fine-grained form and the crack which is cooked in baking soda. Crack is mainly used by the black and the Latinos populations while the powdered cocaine is mainly consumed by the rich whites.When the congress was passing this law on drug vilification there was a wrong indication that crack was more habit-forming than the powdered form and it resulted to more violent among its users therefore heavy punishment for its users as opposed to powder users who got lesser sentences. This law based on this argument, though good to deter the drug users have not addressed the issue at hand as it has been accused of discriminating on the lines of race and social classes. (Wolf, D 2006) American bon ton can also be largely blame for the state of affairs that prevail in our judicial system.The laws are made by our representatives whom we elect, therefore the law makers represents our views and if we do not agree with them there are channels of addressing the issue. Our society is wrought in much(prenominal)(prenominal) a track that segregation in terms of race class and other aspects is embraced therefore our judicial system merely reflect who we are as a society. This does not mean that the location quo must prevail,we should embrace a situation where all are treated equally regardless of the race, creed or even the social class one occupies.This calls for the sensitizing of the masses on the need to look at each other as either brother or sister. This pull up stakes go a foresightful way in creating equality in the society which will eventually been reflected in our laws hence implementation by our judgeship system. ( Hurst, C. 2001) Judicial surgical incision has a neat role as long as equality in law is concerned, this plane section is mandated to interpret the law made by our legislators and if they seem to contravene the supreme co nstitution of our commonwealth the department has a duty of quashing these laws and advise the lawmakers on the shortcomings of these legislations.The laws which are discriminative in nature not only cause a smashing division in this nation but also cause great suffering to the victims as they are subjected to harsh treatment sometimes for the crimes they may have not committed but due to their inability to utilize competent lawyers they fail to defend themselves therefore being punished. The judicial department should ensure that the judges who handle cases where discrimination may be cited are competent individual and have no history of racial prejudice.The department inevitably to empower the judges with skills that will ensure they handle such type of cases with seriousness they deserve as it is only through this way that our judicial system will be seen to serve all equally regardless of their race, creed or even the social status they aim in the society. Selection of ju ries is another area that needs to handled with a roach of caution some of them may be compromised to vote on a certain way which promotes the already existing disparity .The judiciary should make sure that men and women who are selected in the jury are people of high integrity, those who are not biased and show high adore for the all people regardless of diversity. Judges need to set antecedent on application of the law equally, precedence that should be authoritative such that the whole system will adopt to ensure all who are brought before them are treated with fairness as required by the natural justice and our constitution as well.The judicial department needs to ensure that systems are in place for those who feel they have been discriminated to register their complaints and the necessary remedies taken. The appellate court should be fully empowered to address this issue comprehensively and in a manner that all will be satisfied and justice will have prevailed in such system s. (Murray, F 2003) With the responsibility of interpreting the laws being vested on this department by our constitution.The judicial system should uphold this responsibility and advise the congress to look at all those laws which seem to apply selectively. These laws need to be changed without deviating from their sign course of making them, which was to fight crime. They should be applied equally to all. We should not have some groups being treated leniently yet the order of the crime is the same. The judiciary system can save this nation from the distress of going through another era of discrimination in our society.If it upholds the responsibility bestowed by the citizens of America through the constitution it can cement the gains we have so far made as far as eliminating segregations in our community is concerned. Criminals need to be treated equally and fairly, no one should receive punishment which is not equivalent to the crime committed uncomplete should be there lesser punishment for a crime committed. It is only fair application of justice that this department will be viewed in the lenses of equalizing all the America as far as law is concerned. The department cannot accept failing as this will be doom for America as a nation.ReferencesKinzie, M (2002) Product liability and litigation. Clifton Park, Newyork.Jeremy, K. (2004) Discrimination in our laws. American perspective. Straus and Graux.NewyorkWolf, D (2006) Law and the racial politics. Harper Collins, Newyork.Hurst, C. (2001) Crime and the law social perspective.W.W.Norta, Newyork.Murray, F (2003) American judicial system. Sierra club books, Sanfrancisco