Is the American criminal justice system fair to all citizens? If asked this question, many people would go both ways. Some people would say it’s fair, while others would accuse it of being unfair. There are many reasons to why it would be fair but there are also many reasons to why it would be unfair.
Many people would say that the American criminal justice system is fair is for many reasons. One reason is that every single person has certain rights no matter what. These are known as Miranda rights or the Miranda warnings. Law enforcement is required to administer these rights to protect any individual who is in custody and subject to direct questioning. If these warnings aren’t read, it’s seen as a violation of the person’s Fifth Amendment rights. Some of these warnings or rights include the right to remain silent and the right to stop answering questions at any time until you talk to your attorney. This is fair because it protects people against self incrimination. Another example that shows the fairness of the American criminal justice system is the right to counsel or the right to an attorney. The sixth amendment states that in all criminal prosecutions, the accused shall have the right to have the assistance of counsel for his or her defense. If a defendant is not able to afford and attorney, one will be appointed to them. Another fair thing about the criminal justice system in America is the exclusionary rule. The exclusionary rule prevents law enforcement from using most evidence gathered in violation of the United Sates Constitution. It applies to evidence gained from an unreasonable search and seizure. The exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an
illegal search. One more reason why people would call the American criminal justice system fair is because of the drug courts. These are courts that...
Please join StudyMode to read the full document