Disrupting the Justice System: How Jury Trials Would Force Reform


A Justice System Made for the Cops, Prosecutors, and Judges

Law enforcers have established an assembly line justice system in the United States and, because of this, the regulations in the Constitution have been disregarded for many years now and turned into a weak formality that many professionals become groggy over when it is applied (Alexander, 2012; Bohm, 2006; Dzur, 2011; Wildeman & Wang, 2017).  The expectations of justice in this country, according to many police officers, prosecutors, and judges, is that if a person is arrested and accused of a crime that there is little recourse that should be pursued regarding due process provisions and the defendant should succumb to the desires of quick justice by the legal practitioners (Alexander, 2012; Bohm, 2006; Dzur, 2011; Wildeman & Wang, 2017).  Mass incarceration is an example of this, but there are also other instances that prove that our criminal justice system is being operated on a fast-paced and smooth operating conveyer belt ideology.  That is, police officers and prosecutors in the nation have turned the criminal justice system into an award system for themselves with little or no regard for the laws and rights that they are supposed to know and uphold (Alexander, 2012; Bohm, 2006; Dzur, 2011; Wildeman & Wang, 2017).  Further, judges cater to these perverse understandings in order to maintain the current status of the criminal justice system and to not cause problems with the government attorneys or street-level law enforcers (Alexander, 2012; Bohm, 2006; Dzur, 2011; Wildeman & Wang, 2017). 

This acceptance by the judges in the country is based on the acknowledgement of relying on other practitioners to keep their positions and that if they actually presided over cases in a fair and impartial manner, as well as in accordance to the other rules in the Constitution, that other law enforcers have the ability to tarnish their reputations and possibly have them removed from the bench (Alexander, 2012; Bohm, 2006; Dzur, 2011; Wildeman & Wang, 2017).  Given these extraordinary mental states and legal processes, this essay will discuss how significant reform in the criminal justice system falls into the hands of criminal defendants and criminal defense attorneys and how causing chaos in the courts may be the only possible remedy for the many years of botched justice in the United States.

Making the Legal System Fair and Impartial Again

Once more, forcing prosecutors and judges to participate in jury trials may be the only way to establish positive and long lasting augmentations in the criminal justice system.  The routine agenda of arresting people, sending them to court, detaining them during pretrial, and attempting to seek a guilty plea quickly can actually be turned against the practitioners in the criminal justice system if there was a bond between criminal defendants and criminal defense lawyers (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997).  Explaining more, because there are a large number of criminal defendants dealing with accusations in criminal courts in the United States, the courts would never be able to adequately process every case if all the defendants invoked their rights to a trial by jury because of the lengthy pretrial motion procedures and jury selection processes, and time it takes to conduct a trial by jury. 

The lower courts, currently, do not have the resources to adequately manage the caseloads that they deal with now, and if the processes were slowed down the courts, and its ancillary components, would implode because of the massive workload and time that it takes to process pretrial and trial procedures (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997).  In addition to this, if the lower courts became flooded with requests for jury trials the practitioners would not be able to resort to any other conjured assembly lines processes because of the social turmoil that would manifest.  That is, if the legal practitioners attempted to resolve the overwhelming number of requests for jury trials many organizations and civilians would erupt with rage and bring attention to this, and also create more legal issues that would bring additional problems to the legal practitioners.  Thus, any quick-fix solution that could be manifested by the courts and other legal entities would be not only unconstitutional, but also counterproductive (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997).

Use Your Imagination and Make it Reality

Imagine what would happen in our society if every accused criminal defendant opted to partake in a trial by jury.  Again, the criminal justice system would implode and never be able to function properly (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997).  There are only a few hours in the day to process defendants in the courts, a certain number of open beds in jails and prisons, and not enough community correction personnel to handle an enormous caseload increase if community supervision were to be used as a utility to deal with overcrowded correctional facilities.  The lower courts would crumble, as well as bombard appellate courts with cases and, in turn, cause serious disarray in the legal system and in society (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997).  Police officers would be told to stop arresting people, prosecutors would have to put a significant amount of attention toward one case rather than having an easy workload of many cases, and judges would never be able to render proper decisions given the significant increases in motions being sent to the courts (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997). 

Slowing down the criminal justice system and forcing the practitioners to engage in jury trials would undoubtedly force lawmakers and law enforcers to create reformations that are more humane, less severe, and fair (Alexander, M., 2012; Roberts, 2013, Stuntz, 1997).  Constitutional rights would be restored and civilians would have their faith restored in the legal system.  Is there anything negative about this?  Arguments could be made that suggest that if the criminal justice system became saturated with jury trials that some guilty and dangerous offenders would be cut loose and continue with their criminality.  However, this is where due process arguments can be applied and, in turn, infer that if courts are forced to dispense proper justice then a better configuration of law enforcement would ensue.  That is, law enforcers would be forced to learn and apply constitutional rights properly and make sure that the possibility of having guilty offenders set free did not exist.

References

Alexander, M.  (2012, March 10).  Go to trial:  Crash the justice system.  The New York Times.
            Retrieved from https://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-
the-justice-system.html.    
Alexander, M.  (2012).  The new Jim Crow.  Mass incarceration in the age of colorblindness. 
            New York, NY:  The New Press.
Bohm, R. M.  (2006).  “McJustice”:  On the McDonaldization of criminal justice.  Justice
            Quarterly, 23(1), 127-146.   
Dzur, A. W.  (2011).  “Why American democracy needs the jury trial”.  Criminal Law and
            Philosophy, 5(1), 87-92.      
Roberts, J.  (2013).  Crashing the misdemeanor system.  Washington and Lee Law Review,
            70(2), 1089-1131.    
Stuntz, W. J.  (1997).  The uneasy relationship between criminal procedure and criminal justice.
            Yale Law Review, 107(1), 1-76. 
Wildeman, C., & Wang, E. A.  (2017).  Mass incarceration, public health, and widening
inequality in the USA.  The Lancet, 389(10077), 1464-1474.

                    Photo Credit:  Benjamin J. Bolton 



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