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Critique of America's justice system

To understand "The American justice system" is to know the legal term "justice", which is defined as, "fair and proper administration of laws." (Black's Law Dictionary 8th ed.) The purposes of the law is to govern and maintain peace among the members of society. The interpretation or analysis of the law is made by the state and federal court system. Ultimately, these interpretations of the law depict a person fate standing before the court. If granted, the Supreme Court will review [known as judicial review] these interpretations to insure, they do not conflict with the Constitution of the United States.

The Supreme Court with its power can and has invalidated laws they believed to conflict with the Constitution of the United States. Thus, new laws are introduced to ensure the checks and balances within the justice system. Specifically noting the landmark case Gideon v. Wainwright, 372 U.S. 335 (1963), Clarence Earl Gideon "a semi-literate drifter" with a criminal past was arrested and charged with breaking and entering. Gideon could not afford to pay for legal representation citing his rights to the Sixth Amendment, Gideon requested the judge to appoint one for him. The judge denied his request citing "the state did not have to pay a poor person's legal defense; unless he was charged with a capital crime or "special circumstances" existed. Forced to represent himself, Gideon without legal training did a poor job and ultimately was sentenced to five years in a Florida state prison.

Serving his sentence, Gideon began studying the law; he filed a handwritten petition to the Florida Supreme court arguing he had been denied his Sixth Amendment right under the Constitution of the United States by refusing to provide legal counsel. His petition was denied. Not willing to give up his claim, Gideon filed a petition "forma pauperis" to the Supreme Court. Florida court continued to argue, "they had no legal obligation to provide him legal counsel." Further, to add strength to their argument, they tried to persuade all fifty states to assist them with their argument claiming "convictions of criminals would be more difficult if the Supreme Court ruled in Gideon's favor" with all their convictions only two states-Alabama and North Carolina-supported Florida's proposition "that States should not be required to provide attorney for criminal defendants." June 1962, the Supreme Court rejected the Florida courts arguments and agreed to hear Gideon's appeal. The Supreme Court's


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Critique of America's justice system

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Critique of America's justice system

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