By Kerry L. Erisman | 06/04/2024
The phrase “Equal Justice Under Law” is engraved on the front of the United States Supreme Court building. But there should be an asterisk next to it with the caveat “unless you come from a good family, are wealthy, or are an aspiring athlete.” There are several well-known cases that are examples of this inequality in the criminal justice system.
The Case of the New Jersey Teen: Privilege Over Justice
In 2017, a 16-year-old male in New Jersey raped a teenage girl, videotaped it, and sent it to his friends with the caption, “When your first time having sex was rape.” A New Jersey Superior Court judge denied a request for the suspect to be tried as an adult because the suspect came from a “good family,” had no previous criminal record, attended an excellent school, and would get into a good college.
Jeffrey Epstein: Money and Influence Over Justice
In 2008, multi-millionaire Jeffrey Epstein pleaded guilty to a sex crime involving a teenage girl but served only a little over a year in jail. The plea deal included an agreement that the federal government would not pursue criminal convictions against him, despite an aggressive FBI investigation that was still ongoing.
As it turned out later, Epstein was sexually abusing dozens of girls as young as 14, but his expensive lawyers and hush money payments to potential witnesses ($350,000, according to prosecutors) made the investigation disappear.
Brock Turner: A Star Athlete’s Light Sentence
In a third example, Stanford University swimmer Brock Turner was convicted in 2015 of three felonies, including assault with intent to commit rape and penetration of an intoxicated and unconscious person. Turner faced up to 14 years in state or federal prison, but State Superior Court Judge Aaron Persky sentenced him to only six months of confinement, of which he served three.
During sentencing, Persky stated that a harsher sentence would have a “severe impact” on Turner, a star swimmer with aspirations of competing in the Olympics.
Persky’s decision ignited considerable controversy. In June 2018, California voters recalled Judge Persky for his sentence in the Brock Turner case. Based on the recall, Persky was immediately removed from the bench.
Disparity in the Criminal Justice System
These three cases illustrate the vast disparity in the United States criminal justice system. The fact that a person comes from a good family, is wealthy, or is a promising athlete does not diminish the seriousness of their offense, and it certainly should not lessen their criminal records or their sentences.
If anything, considering these factors in judicial decisions make the crimes worse. These people had everything going for them, and their actions do not deserve to be excused or minimized for reasons of public safety.
This disparity and implicit bias based on socioeconomic background and privilege is unacceptable, and it is time for citizens to demand that the people charged with making decisions within the criminal justice system are held accountable. For example, prosecutors must be held accountable for abuses of prosecutorial discretion, and judges must be removed from office when they fail to protect the victims of crime and the general population.
The Need for Clear Limits on Discretion
Prosecutors have considerable discretion in deciding which cases to take to trial and which cases to dispose of via plea bargains or alternative dispositions. This discretion is often unchecked and uncontrolled.
While prosecutorial discretion is extremely important to the criminal justice system, there must be clear limits. Most state and local prosecutors are typically elected to four-year terms. Prosecutors who abuse their discretion must be held accountable and not reelected.
Opponents of this measure will argue that such scrutiny will lead to prosecutors being afraid to exercise plea bargains, and the criminal justice system will grind to a halt. They argue that plea bargains keep the criminal justice system afloat because the court system simply cannot handle a fully contested trial for every case. However, while plea bargains have a clear purpose, there must also be clear limits on prosecutors’ abuse of discretion.
Judges have even more discretion when they sentence criminal defendants. While judges often have sentencing guidelines to consider, these guidelines are not mandatory but offer a suggested range instead. Judges are free to disregard or ignore sentencing guidelines.
Judges must also be held accountable for their actions and removed from the bench when they fail to protect victims of crime and the public at large.
In addition to Judge Persky’s recall, the New Jersey Superior Court judge who noted the suspect came from a “good family” stepped down from the bench in response to sharp criticism and protests.
Opponents argue that such actions have a chilling effect on judicial independence and will lead to mass incarceration because judges will fear repercussions. But there must be clear limits when judges abuse their discretion, so that the public can continue to feel safe.
Improving the Inequalities in Our Justice System
Removing prosecutors and judges from office is a severe sanction and should not be taken lightly. However, the time has come to act and eliminate unequal justice in America and instead uphold “Equal Justice Under Law.”
I like to remember the words of Robert F. Kennedy: “Every time we turn our heads the other way when we see the law flouted, when we tolerate what we know to be wrong, when we close our eyes and ears to the corrupt because we are too busy or too frightened, when we fail to speak up and speak out, we strike a blow against freedom and decency and justice.”
Frequently Asked Questions about Inequalities in the US Justice System
What are some inequalities in the criminal justice system?
Inequalities in the criminal justice system manifest in various ways and significantly affect marginalized groups. Some of the inequalities include race disparities, socioeconomic status, geographic disparities, and gender/age disparities.
Race Disparities
- Sentencing: People of color, particularly Black, Latino, and Hispanic individuals, often receive harsher sentences compared to their white counterparts for similar crimes. Studies show that race disparities are prevalent in sentencing decisions, leading to longer prison terms for minorities.
- Police practices: Racial disparity is evident in policing tactics such as stop-and-frisk, where people of color are disproportionately targeted. As a result, there are higher arrest rates among minority communities, further exacerbating systemic inequality and the caseloads of the criminal justice system.
- Bail and pretrial detention: Racial disparities also exist in the criminal justice system. People of color are more likely to be held in pretrial detention due to higher bail amounts that they are unable to afford. This inability to afford bail often leads to worse legal outcomes compared to those people who can post bail.
Socioeconomic Status
- Access to legal representation: Individuals from lower socioeconomic backgrounds and poor communities often cannot afford equal access to justice due to the wealth gap. Public defenders, who are usually overworked and underfunded, handle their cases. That economic inequality often leads to less favorable outcomes compared to those who can afford private attorneys.
- Plea bargaining: Socioeconomic status influences the likelihood of accepting plea deals. Defendants from poorer backgrounds, even if they are innocent, are more likely to accept plea bargains due to the pressure of prolonged pretrial detention or the threat of harsher sentences if they go to trial. This pressure can lead to a criminal conviction that could have been avoided with better legal resources.
Geographic Disparities of the Criminal Justice System
- Rural vs. urban justice: Geographic location also plays a role in disparities within the criminal justice system. Rural areas may have fewer resources, leading to different standards of justice compared to urban centers. This lack of resources can affect everything from the quality of legal representation, local jails, and police officers to the sentences handed down to perpetrators and the demographics of a prison population.
Gender and Age Disparities of the Criminal Justice System
- Gender bias: Women and men may experience different treatment within the system, with women often receiving more lenient sentences for similar crimes. However, women, especially those of color, also face specific challenges like a higher rate of sexual abuse and neglect in prisons.
- Juvenile justice: Age disparities are evident in the treatment of juvenile offenders. Juvenile justice statistics show that minority youth are more likely to be tried as adults and receive harsher sentences compared to their white peers, impacting their criminal records and future opportunities.
Addressing these inequalities requires comprehensive reforms, including training law enforcement agencies on racial bias, equitable bail systems, adequate funding for public defenders, and policies aimed at reducing socioeconomic and geographic disparities.
What are the biggest problems facing the U.S. criminal justice system?
The criminal justice system faces several significant challenges, including mass incarceration, racial disparities, and police brutality. It is difficult to pinpoint a single predominant issue because there are many problems that require solutions; these problems must be solved to improve general public safety.
The U.S. criminal justice has the highest incarceration rate globally, leading to negative consequences such as overcrowded prisons and substantial economic and societal costs. People of color are disproportionately affected at nearly every stage of the process. Incidents of excessive force, racial profiling, and a lack of accountability have eroded public trust in law enforcement.
Plus, many former prison inmates who have completed their sentence struggle with reentry into society, facing significant barriers – such as a prison record and problems with economic stability, the hiring process, and the labor market – that contribute to high rates of repeat offenses. A large portion of inmates also suffer from mental illness and substance abuse disorders, often without adequate treatment.
Comprehensive reforms focused on improving fairness, improving rehabilitation, and reducing systemic biases are essential to address these complex, critical issues involving criminal punishment and criminal involvement.
Legal Studies Degrees at AMU
For students who aspire to seek opportunities in the legal field or the U.S. criminal justice system, American Military University offers three degrees:
- An online associate degree in legal studies
- An online bachelor’s degree in legal studies
- An online master’s degree in legal studies
These academic programs include courses in various topics, such as litigation, civil practice and procedures, legal ethics, introduction to the courts, and judicial politics, process, and policy making. AMU’s courses are taught by experienced faculty members who can provide significant insights into the law and the U.S. judicial system. For more details, visit our program page..
Note: Although some states do not require a Juris Doctor for bar entry, these programs do not prepare you for the practice of law or admission to the bar of any state based solely on completion of this program. AMU is part of the American Public University System, which is an officially recognized member of the Law School Admissions Council (LSAC Member Number 5070). Contact your state's bar association for more information.