Emergency Management

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Courts

Unit 4 Assignment

Renee C. Bridgeman

Purdue University Global

CJ526: Academic and Professional Communications in Public Safety

Professor David White

May 28, 2021

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Courts: Social Injustices in the Judicial System

There have been many concerns about the validity and reliability of the judgments made

in the judicial system in the United States. Some sources have argued that the judicial system is

characterized by many social injustices such as racism, selective prosecution, perception of

homophobia, and gender discrimination, which compromises judges' validity and sentences

(Reynolds, 2015). This paper will identify some social injustices in the judicial system that

affects the validity of the judgments made in the judicial system. Included in this paper are

racism, selective prosecution, discrimination on gender, and perception about homophobia.

Racism

Many reports have indicated that race has an impact on court proceedings. According to

the study conducted by Barak, Leighton & Flavin (2010), the race has a significant effect on the

final sentencing decisions. This study examined the impact of race on the pretrial release

decision for drug offenders. The study found that race has a significant effect on a judge’s

findings to release a defendant with recognizance, with blacks less likely to be released. The

study also found that race is a concern in making decisions related to bail amount, with blacks

more likely to be released on large amounts of bail than whites. According to this study, blacks

are viewed by the court as more dangerous and blameworthy. This makes blacks Blacks be

released in their recognizance. Based on the argument of this study, I find that being significantly

black affects the outcome of a criminal process. Since blacks have been criminalized and viewed

as guilty even if they are innocent, the court finds it unwise to release them without imposing

affine a fine or sentencing them to serve a jail term. The worst scenario may occur when a black

is a defendant involving white police or a white person. Here, the court may rule based on skin

color and consider the narrative that blacks are criminals.

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Commented [DW1]: APA: APA Level One headings are: 1- Centered 2-Bold 3-The first letter of major words capitalized. (also known as title case). The title of the paper is a de facto level 1 heading. Subsequent headings within the introduction should be level 2-5 headings. The heading for the next and subsequent sections should be a level 1 heading. See Section 2.27 and Table 2.3 in the APA Manual.

Commented [DW2]: APA: For a work with three or more authors, include the name only of the first author plus “et al.” in every citation. See Section 8.17 and Table 8.1 in the APA Manual.

Commented [DW3]: APA: "Racial and ethnic groups are designated by proper nouns and are capitalized. Therefore, use “Black” and “White” instead of “black” and “white” (do not use colors to refer to other human groups; doing so is considered pejorative.” See Section 5.7 in the APA Manual. Commented [DW4]: APA: Avoid first-person voice, which is more informal, and instead use third-person voice. Generally, this can be easily fixed by simply removing pronouns such as I, me, my, etc. See Section 4.16 in the APA Manual.

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Selective prosecutionProsecution

If a court fails to make a correct ruling, the defendant claims that they should not be held

criminally liable for breaking the law. The claim of selective prosecution normally happens when

courts discriminate against the defendants by choosing to prosecute them. The claim of selective

prosecutions is usually tagged with forbidden reasons. Most people who are more likely to raise

concerns over selective prosecutions are generally the minority groups, such as blacks, especially

when the judge deciding the case is white (Reynolds, 2015). Some claims may involve

arguments that entail age, gender, or religion. In such cases, the defendants may be tried by the

court but fail to be persecuted, or the defendant may be persecuted because of a bias. Some

reporters have claimed that there is no exert way these allegations can be proved unless the

defendant appeals for further hearing. This may give the defendant a chance to present the claims

before the law and provide all the evidence to prove the allegations. As issued by the

Constitution, it is unlawful to prosecute an innocent suspect due to their race, age, or religion.

Though these cases have reduced with time, some reports indicate that they exist in the United

States, and it is common for white judges against black suspects (Tonry, 2011). In 2010, over

200 cases were reversed by the high court because they were decided based on race. The

Constitution provides heavy penalties in such vices by claiming that when a judge is found guilty

of such allegations, their licenses may be revoked, or they may be put under compulsory

suspension.

Perception on Homophobia

People's right to marry same-sexsame sex has been significant controversy over many

years until the previous government ascended into the issue and made it a law. The government

allowed marriage between sexes. This decision has also faced many critiques as many people

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accusing the government of enabling such “immoral” behaviors into the country. Since this

decision was made, over 1million Americans have married of the same sexes, and today the

practice is like a norm to the people. Religious groups with other human activists have continued

to condemn this act by prejudging the people associated with it and making people have a bad

attitude. Reports indicate that LGBT victims continue to face a difficult moment in the hands of

the public and the judicial system; with others claiming that their status is used against them in a

court ruling. Society is reported to have developed hostile behavior against LGBT victims by

considering them deviants and rebellious. Homophobia is a form of prejudice written to affect

the judicial system by influencing court outcomes adversely (Tonry, 2011). There are certain

instances that defendants have complained of being prosecuted based on their marital status. The

reports indicate that judges with homophobia are less likely to release LGBT suspects even when

there is nonot enough evidence to prove their detention. In other wordswords, those homophobic

judges tend to impose heavy bail amounts on LGBT suspects instead of non-LGBT victims over

the same claim.

Homophobia encompasses a range of negative behaviors, attitudes, and feelings towards

homosexuality. It is also a negative attitude against lesbians, gays, bisexuals, or transgender

(LGBT). Homophobia is defined as prejudice that is based on ignorance and is majorly related to

religious beliefs. It is evident in hostile behavior such as discrimination and violence based on

sexual orientation that is non-heterosexual. Some of the recognized types of homophobia include

religious homophobia and state-sponsored homophobia. How homophobia is manifested includes

emotions and social. Social and emotional homophobia has adverse effects on LGBT victims.

This can be realized through court proceedings involving LGBT victims, how the judgments are

made, and the more likely parties to win such cases (Tonry, 2011). The more homophobic group

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is the religious group. According to religious groups, it is the action against the Biblical

teachings, and they are encouraging moral decay. They condemn homosexuality and consider it

evil. This is a case of homophobia that has continued to increase in society today. In the judicial

system, when these cases had not been legalized, they had a heavy penalty, and the victims were

also offered large bail amounts that they could not afford. This was done to condemn the act and

to intimidate people from associating with them. However, when LGBT was legalized, the court

system had to adjust. The only problem is that the judicial system's adjustment in accepting these

changes is prolonged, with others developing homophobia against the victims.

Discrimination based on gender

The judicial system advocates for integrity and fairness as the main values that a judge

should have. However, with some judges having a negative attitude towards others, it isn't easy

to understand how they should impart judgment when confronted with cases that violate or

against their values. In the U.S,United States gender diversity is a significant concern, with the

government demanding that women must be represented in all fields and must be accorded equal

rights and freedom as men. Today, gender diversity at the workplace stands at 48%, and the

country is determined to make it above 50 % in ten years. In the judicial system, women occupy

30% of the total judges (Barak, Leighton & Flavin, 2010). The women's population has also been

steadily rising following the campaign against gender discrimination and education for the girl

child. The government has been more concerned with girl children's lives by putting their

interests ahead of men. Despite the efforts, there are still discrimination cases based on gender in

many workplaces, including the judicial system. Discrimination based on gender is reported to

significantly impact how judgment is imparted in the judicial system, as many cases reveal that

some cases are not decided on fairgrounds. Other reports indicate that women judges are harsher

Commented [DW6]: APA: When the United States is used as a noun, it should be spelled out and not abbreviated.

Commented [DW7]: APA: For a work with three or more authors, include the name only of the first author plus “et al.” in every citation. See Section 8.17 and Table 8.1 in the APA Manual.

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in making a judgment against their fellow women. In contrast, others claim that women judges

are harsh when making a judgment against male suspects as to women. These are arguments that

have no proof but continue to affect the judicial system's way of operating.

Conclusion

Based on the findings in this paper, it can be concluded that, like any other workplace,

the judicial system is also suffering from social injustices, which undermines its ability to give

reasonable judgments. This paper recommends that judges be trained on cultural diversity to

enable them to overcome the challenges they face, which are associated with working with

diverse suspects.

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References

Barak, G., Leighton, P., & Flavin, J. (2010). Class, race, gender, and crime: The social realities

of justice in America. Rowman & Littlefield Publishers.

Reynolds, K. (2015). Disparity despite diversity: Social injustice in New York City's urban

agriculture system. Antipode, 47(1), 240-259.

Tonry, M. H. (2011). Punishing race: A continuing American dilemma. Oxford University Press.

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Commented [DW8]: This source is peer-reviewed and counts toward the peer-reviewed requirement in the assignment. The number of scholarly peer reviewed journal articles used in support of your paper did not meet the requirements as specified in the assignment. Recall from the instructions, that it is necessary to summarize findings from prior "research studies," which are typically published in peer-reviewed academic journals. To locate articles in peer-reviewed journals, go to the University Library, check the "Scholarly (Peer Reviewed) Journals" and "Full Text" options, select the period of 2016- 2021. Two of 3 required

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No Progress Introductory Emergent Practiced Proficient Mastery Grading Score Relative Weight Points 0 1 2 3 4 5

Identify.

Student work demonstrates no understanding or progress towards achievement of this outcome.

Student attempted to identify a topic in an area of professional interest and related policy or leadership issues with supporting points, but was unsuccessful.

Student identified a topic in an area of professional interest and related policy or leadership issues and one supporting point.

Student identified a topic in an area of professional interest and related policy or leadership issues and two supporting points.

Student identified a topic in an area of professional interest and related policy or leadership issues and three supporting points.

Student identified a topic in an area of professional interest and related policy or leadership issues and four supporting points.

5 10% 5

Research.

Student work demonstrates no understanding or progress towards achievement of this outcome.

Student used sources that were not peer-reviewed.

Student used peer-reviewed sources but did not properly cite/reference the sources.

Student used one peer- reviewed sources and properly cited/referenced sources.

Student used two peer- reviewed sources and properly cited/referenced sources.

Student used three peer- reviewed sources and properly cited/referenced sources.

4 10% 4.25

Conduct.

Student work demonstrates no understanding or progress towards achievement of this outcome.

Student conducted research to support assertions and completed a draft that incorporates one of the following stylistic criteria: Interesting to read, Accurate, Supported, Precise, and Concise.

Student conducted research to support assertions and completed a draft that incorporates two of the following stylistic criteria: Interesting to read, Accurate, Supported, Precise, and Concise.

Student conducted research to support assertions and completed a draft that incorporates three of the following stylistic criteria: Interesting to read, Accurate, Supported, Precise, and Concise.

Student conducted research to support assertions and completed a draft that incorporates four of the following stylistic criteria: Interesting to read, Accurate, Supported, Precise, and Concise.

Student thoroughly conducted research to support assertions and completed a draft that incorporates all of the following stylistic criteria: Interesting to read, Accurate, Supported, Precise, and Concise.

5 20% 10

Formatting/ Layout The project was not submitted.

The project was submitted, but the formatting (e.g., spacing, margins, font size, etc.) contains errors that are excessive and distracting. The title page and reference page are missing.

The project demonstrates an attempt to adhere to the formatting guidelines as outlined in the instructions (e.g., spacing, margins, font size, etc.)--errors are frequent. The title page and/or reference page may be missing, incomplete, or contain some formatting errors.

The project demonstrates an attempt to adhere to the formatting guidelines as outlined in the instructions (e.g., spacing, margins, font size, etc.)- -errors are not egregious. The title page or reference page are included but may contain formatting errors.

The project adheres to the formatting guidelines as outlined in the instructions (e.g., spacing, margins, font size, etc.) with minimal errors. The title page and reference page (listing all sources used) are included but may contain minor or negligible formatting errors.

The project adheres to the formatting guidelines as outlined in the instructions (e.g., spacing, margins, font size, etc.). The title page and reference page (listing all sources used) are included and conform to course/ assignment guidelines.

4 10% 4.25

Source Attribution

No attempt was made to distinguish between ideas from sources and those of the author. Paper may be plagiarized. Reference list does not match text citations.

Ideas from sources are not clearly distinguishable from those of the author. The following are infrequent or non-existent: Signal phrases, inclusion of URLs, author names, publication titles, in-text citations, and/or (when appropriate) quotation marks. Reference list does not match text citations.

Ideas from sources are usually distinguishable from those of the author by the use of any of the following: Signal phrases, inclusion of URLs, author names, publication titles, and/or in- text citations. Quotation marks are rarely used when appropriate. Reference list matches 50% of the text citations.

Ideas from sources are generally distinguishable from those of the author by the use of two or more of the following: Signal phrases, inclusion of URLs, author names, publication titles, and/or in-text citations. Quotation marks are sometimes used when appropriate.

Ideas from sources are usually distinguishable from those of the author by the use of two or more of the following: Signal phrases, inclusion of URLs, author names, publication titles, and/or in-text citations. Quotation marks are used when appropriate. Reference list matches text citations.

Ideas from sources are clearly distinguishable from those of the author by the frequent use of in-text citations. Quotation marks are always used when appropriate. Reference list matches text citations.

5 10% 5

Mechanics

Student work demonstrates no understanding or progress towards achievement of this outcome.

Grammatical, punctuation, and spelling errors pervasive and distracting.

Grammatical, punctuation, and spelling errors significant and distracting.

Frequent grammatical, punctuation, and spelling errors.

Minor grammatical, punctuation, and spelling errors.

Technically flawless, mechanically and grammatically compliant with APA guidelines.

4 10% 4.25

Organization

Student work demonstrates no understanding or progress towards achievement of this outcome.

Organization and structure detract from the analysis. Analysis is disjointed and lacks transition of thought.

Organization and structure are not easy to follow and interfere with meaning. Paragraph and sentence transitions need significant improvement.

Organization and structure developing but still some illogic in flow. Transition of thoughts needs some improvement.

Organization and structure are clear but presentation could be more precise. Minor flaw(s) in flow of analysis.

Organization and structure of the paper are clear and easy to follow. Logical flow of ideas.

5 20% 10

Language

Student work demonstrates no understanding or progress towards achievement of this outcome.

Language inappropriate, mundane, and unfocused. No central theme or thesis present. Not written for the appropriate audience.

Random, choppy, and/or awkward language significantly detracts from analysis. Not written for the appropriate audience.

Language ordinary, imprecise, and/or lacks interest or precision. Central theme or thesis present but not explicitly presented. Written for the appropriate audience.

Language functional, appropriate, and acceptable. Written for the appropriate audience.

Variety of sentence length and structure. Language rich, precise, and vivid. Central theme or thesis clear. Written for the appropriate audience.

5 10.0% 5

100%

Overall Grading Score: 47.75