Indigent Justice Essay

Submitted By cecewashington3
Words: 692
Pages: 3
Open Document
Indigent Justice
Martha Hughes
August 5, 2013
Crime and Society
Instructor Keefauver

As a result, jail sentences are handed out and without the financial ability to pay for a lawyer these sentences can be rather harsh. Unfortunately, when talking about crime and the repercussions it can be all about whom you are and who you know. Research has shown over the years the link between social status, criminality, and punishments. These connections can be somewhat controversial as comparisons are made to other countries; however in America the research proves these links all too true. Sadly, discriminatory effects of crime and punishment are directly related to and meshed together by poverty and social status.
To begin, poverty rates in America are sky high. Many people tend to think poverty only affects the homeless people seen on the streets or the people on welfare. That is not the case. The economic depression has stretched its ugly tentacles to various parts and classes of society. Research has shown there is a direct correlation between poverty and crime. President Joseph Williams of Christian Association for Prison Aftercare (CAPA) documented, “Poor people make up the overwhelming majority of those behind bars as 53% of those in prison earned less than $10,000 per year before incarceration” (Williams, 2012). For example, someone who is middle class may be able to feed their family although the budget may be tight whereas a person who is considered lower class may not be able to provide for their family. The probability of the lower class person committing a crime is increased out of desperation. The middle class person has “more” to lose if they commit a crime. I blame these feelings of desperation on society. There need to be more hand ups than handouts. Welfare is a great start, but what about long term help. Programs that help people to gain job skills, education, and assistance with financial planning would be more beneficial than just putting someone on welfare and forgetting about them.
Social status also plays a part in this equation. There are numerous factors to be considered such as financial means for representation, and where someone is at on the social food chain. Social status means a lot when talking about crime and punishment. If a person has a high social status they may be deterred from committing a crime. On the other hand, having a higher social status can mean fewer consequences. For instance, two people of the same race, gender, and financial class commit a robbery and are arrested. One offender has high social connections and comes from a family that is very active in society and the other offender is just an average
Show More

Related Documents: Indigent Justice Essay

Gideon Vs Wainwright Case Study

right that should be extended to the provision of free legal counsel for indigent defendants in any felony case in state courts. This overruled the court's prior decision in Betts v. Brady (1942). Gideon’s win led Congress…

Words 1801 - Pages 8

History Of Gideon Vs Wainwright

Gideon v. Wainwright (1963) This decision established that indigent defendants have the right to an attorney in criminal cases. This decision has had a significant impact on criminal law, as it ensures that defendants who cannot afford an attorney are still able to receive legal representation. The right to appointed counsel has existed in federal criminal cases since the 1930s. But because the Gideon decision reached the much larger universe of state court defendants, it is still recognized as pivotal…

Words 561 - Pages 3

Arguments Against Plea Bargaining

State legislators are considering a bill that bans all plea-bargaining in our state. As a leading expert on plea-bargaining, I’m aware of the instrumental role that it plays in our justice system. From the outset, I would like to state my definitive position on the matter: that plea bargaining should not be banned. My following testimony will support this position. The Stakeholders and How a Plea-Bargaining Ban Will Affect Them The stakeholders who benefit from plea-bargaining include judges, prosecutors…

Words 477 - Pages 2

Right Infringed

charge, which related to possession of heroin. Olaf appealed to the supreme court because he thought he had a unfair trial with no legal representation. He was denied but took the case further to the high court where it was overseen by Chief Justice Mason and Justice McHugh. In Dietrich’s case, it was found that the trial judge erred in not adjourning the case to enable Dietrich to attempt to attain representation. The trial judge therefore ensured thatDietrich’s trial was not fair. Dietrich was given…

Words 905 - Pages 4

Gedion Case Summary

help of an attorney violated the 14th amendment. The ruling, which was made by the Florida Supreme Court, effectively overruled the ruling of the Florida State Court. Primary legal issue Does an indigent defendant in a non-capital felony have the right to appointment of counsel? Holding: Yes, indigent defendants have the fundamental right to assistance of counsel for a fair trial. Reasoning/ Analysis…

Words 484 - Pages 2

Gideon Vs Wainwright Case Analysis

In recent years, the American Bar Association (ABA) who are committed to improve the administration of justice, has characterized the funding for poor defense services as “shamefully inadequate” and found that the system “lack fundamental fairness and places poor persons at constant risk for wrongful conviction” (Mcgough, 2011). This revelation by the ABA, comes fifty years after the historic decision in Gideon v. Wainwright in which the supreme court, established the public defender system. Constructing…

Words 795 - Pages 4

Adversarial System: The Criminal Justice System In Australia

The criminal justice system in Australia is based on an adversarial system of law. It consists of two opposing sides, each presenting their case to an impartial judge or jury. In criminal law, the adversary system pits the prosecution against the accused, who will usually be represented by a solicitor or barrister who provides legal advice and presents the case in court. The judge, or jury in indictable offences, acts as an impartial observer who determines the accused’s guilt or innocence based…

Words 696 - Pages 3

Wainwright V. Gideon Case

In June of 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. A witness claimed to have seen Clarence Earl Gideon in the poolroom early that morning. Based on this accusation alone, the police arrested him and charged him with breaking and entering with intent to commit petty larceny. Too poor to afford a lawyer, Gideon appeared at the Florida Circuit Court alone and requested that the judge appoint a lawyer to him as entitled by his Sixth Amendment right to counsel (Oyez)…

Words 594 - Pages 3

Gideon V. Wainwright Case Summary

Amendment deemed necessary to insure fundamental human rights of life and liberty.” (p.3). While, on the other hand, Betts v. Brady (1942) argued this fact and claimed that the 6th amendments guarantee of counsel is not a fundamental right too a indigent defendant. This was a major case in determining the outcome of this case. Then, Three years prior to this case, Kinsella v. United States ex rel. Singleton (1960) “rejected any constitutional distinction between capital and noncapital offenses,”…

Words 1059 - Pages 5

Coretta Scott King's Argument Against The Death Penalty

Sparking suspicion found that over 90% of defendants are unable to afford their own attorney and over 99% are indigent. This raises concerns about the fairness and equity of the justice system, as almost all accused of crimes are uneducated in law and communication skills. Opponents use these defects as a chance to overpower and silence one in trial. Therefore, the chances of a fair case are highly…

Words 509 - Pages 3