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How Fair Are Our Courts?
Are the courts here in the United States fair and justified? I would have to say no to that statement. Over the years the court system has been less than justified on certain issues under the law. The problem with our court system today is the fact that our civil rights cases rarely make it to trial. The constitution granted us many civil rights and if they are not restored to us through court than justice is not being served.
Recently there was a case in Lansing, Michigan regarding an inmate at a Lansing prison who was high on drugs and was assaulting police officers. After repeated failure to restrain the man named Edward Swans, the police finally hog-tied him in such a tight manner that he laid there on the cell floor motionless. The reason he lied there motionless was the fact that they tied him in such an awkward position that he could not breathe and he died right there on the cell floor.
There were many questions about why these officers treated this man in the manner in which they did. Was it a racial incident? The victims father felt that it was because all eight of the officers involved were all white and Swans was an African – American. The victims father repeatedly stated that it was another racial beating like that of Rodney King.
Was there no action taken here because this man was a convicted felon who has been arrested more than thirty times in his forty year life. Were the police trying to prove a certain point to this man that hadn’t been proven in the past? Were the police much more physical because of his prior convictions. Would they have treated him the same way if he was the President of the United States? There are many things or ideas here that make you think of why this man was so brutally murdered by police.
The FBI was then notified and they started to investigate what had happened that night. You ask what happened next? Well absolutely nothing came of this case which occurred in 1996. You ask why? Well out of the rough estimate of 2000 civil rights cases referred to the FBI each year about 96% of these cases take no action. According to Assistant Attorney General Bill Lann Lee “The vast majority of complaints do not result in prosecution because in many cases the evidence indicates that no violation occurred, there is insufficient evidence to satisfy the laws high burden of proof.” Also stated that in a similar case the officers were just suspended when another inmate was killed, and since some disciplinary action was taken that was enough for the courts. Supposedly the perpetrator has to willfully violate civil rights and since it wasn’t the officers intent to kill this man no action was taken.
I may not be a genius by any means, but if I am a police officer I’m always gonna use brute force for the simple fact that if I have no intent to injure them I will not be prosecuted. This is a major loophole in our court system. There is no justice here for the family of the victim. They were told by the FBI that the officers did absolutely nothing wrong and the brutal hog tying death of their family member was just an unfortunate act that was unexpected.
The family of the victim were just supposed to look the other way and take the fact that there child was murdered. There was definitely no justice here for two reasons. The first reason was that the police said that the family had no case against them. The second reason that there was no justice here was for the reason that the case would never be brought to trial.
Finally the father of the victim brought up a civil suit against the state. He was found in favor of for the amount of twelve million dollars. He said that this is just blood money from my sons life. There was still questions to why there were no criminal charges filed against the officers when the city was found guilty in the civil trial. The family was
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Justice, Philosophy of law, Political philosophy, Virtue, Criminology, Criminal procedure, Restorative justice, Judiciary of India
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