Research Paper

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Poor Living Conditions and Access to Justice Annotated Outline

Joseph K. Willis

Liberty University

CJUS230: Criminal Justice Research and Writing

Mr. Troy Kanode

July 15, 2022

Poverty and Lawlessness in the Bible

Vulnerability of the Poor to Injustice

i. Besides prominent development theories, theories expounding understanding of change processes for a better society, the Bible also unchecked abuse of power to individuals living in poor living conditions.

ii. The bible advises the rich, “Each day before sunset, pay them (laborers likely to be people living in poor conditions) for that day's work; they need the money and have counted on getting it. If you do not pay them, they will cry out against you to the Lord, and you will be guilty of sin” (Deuteronomy 24:15).

iii. The poor also deserve to be protected from theft, violence, arbitrary actions of the rich, and government actions, just as they are considered less fortunate with better living conditions.

Role of Judicial System

i. The judicial system is expected to conclude its rulings based on fairness and not on individuals' resources or living conditions.

ii. “God's curse on anyone who deprives foreigners, orphans, and widows of their rights” (Deuteronomy 27:18).

iii. Legitimate and equitable systems should be established to manage conflicts arising from development to enhance accountability.

iv. Desired accountability is evident in the state of poor access to justice due to poor living conditions.

Obstacles to Legal Accountability

Political Contingency of Constitutionalism

i. Constitutionalism is fundamentally based on sustained political support for equitable justice in society.

ii. Legal personnel whose lives depend on the legal system predictably administer their rulings, often favoring fortunate individuals (Dixon & Suk, 2018).

iii. Dixon and Suk (2018) advise law movements to demand judicial autonomy, individual rights, and institutional controls over expressed political authority or one’s societal influence.

Threats of Judicial Dependence

i. The dependence of the judicial systems on governments prevents them from effectively checking justice for the executives.

ii. Impartiality, political insularity, legitimacy, and probity detail evident threats to judicial independence (Cachalia, 2019).

iii. Even though the judiciary requires popular support, most of the asset is often from the executive; thus, justice serves them primarily compared to less fortunate individuals with poor living conditions.

Legal Reformations

i. Constitutionalism and independent judiciary may fail to ensure equitable, just access to justice for individuals with poor living conditions.

ii. Legal dualism practiced by most judicial systems was implemented during colonial periods; thus, its statutes are inconsistent because their legislations were designed to favor executives (Ekpodessi & Nakamura, 2018).

iii. Inadequate rules for accountability characterize the colonial legal practices, thus composing top-down legislation and hence criminal sanctions that deny individuals with poor living conditions access to justice.

Factors Limiting Access to Justice

Reluctance to Use the Law

i. The poor are often reluctant to be associated with law courts.

ii. Dorfman (2020) explains that the situation is attributed to the social stigma experienced by the poor upon being involved in law-court activities or practices.

iii. The situation of people living in poor conditions considering the law as their “enemy” enforces more legislation to regard individuals living in poor conditions unfavorably.

Legal Illiteracy

i. Marginal access to literacy in regions resided by the poor as their governments marginally invest in academic resources to produce legal textbooks.

ii. Most individuals living in poor conditions are unaware of their rights and thus fail to claim justice (Yadav & Yadav 2021).

iii. Judges in developing nations have limited access to legal materials, thus depicting the sense of soft skills they exhibit while enforcing justice.

References

Bible Gateway passage: Deuteronomy 24 - Good News Translation. Bible Gateway. Retrieved July 11, 2022, from https://www.biblegateway.com/passage/?search=Deuteronomy+24&version=GNT

Bible Gateway passage: Deuteronomy 27 - Good News Translation. Bible Gateway. Retrieved July 11, 2022, from https://www.biblegateway.com/passage/?search=Deuteronomy+27&version=GNT.

Cachalia, F. (2019). Precautionary constitutionalism, representative democracy, and political corruption. Constitutional Court Review, 9(1), 45-79. https://hdl.handle.net/10520/EJC-19f0bc9070

Dixon, R., & Suk, J. (2018). Liberal constitutionalism and economic inequality. U. Chi. L. Rev., 85, 369.

Dorfman, D. (2022). Disability as Metaphor in American Law. University of Pennsylvania Law Review, Forthcoming. https://dx.doi.org/10.2139/ssrn.4094398

Ekpodessi, S. G. N., & Nakamura, H. (2018). Land use and management in the Benin Republic: An evaluation of the effectiveness of Land Law 2013-01. Land Use Policy, 78, 61-69. https://doi.org/10.1016/j.landusepol.2018.06.025

Yadav, M., & Yadav, S. (2021). Legal Literacy. Issue 3 Int'l JL Mgmt. & Human., 4, 46.