They represent opposite ends of a spectrum. Crime control aims to remove criminals from society and safeguard the innocent. On the other hand, the due process framework in criminal justice resembles a challenging course, wherein one must navigate through legal hurdles to ultimately ensure the correct conviction. Despite their differences, both approaches share a common objective for the criminal justice system: to identify the guilty party and exonerate the innocent.
The collaboration between both systems is crucial, however, the courts must ensure sufficient time, evidence, and justification to proceed with a case. Court reform has emerged as a significant concern in contemporary justice system. In criminal courts, individuals accused of crimes but not yet proven guilty are detained for extended periods while awaiting trial. Conversely, crime victims perceive an imbalance in their rights compared to the accused individuals.
There are allegations of numerous litigants in civil courts filing frivolous lawsuits and engaging in a “liability lottery” with the hope of winning a large sum, regardless of the legitimacy of their claim. Consequently, some individuals are advocating for “tort reform” to establish barriers to litigation.
To address the concern of gender bias in the courts, please consult pages 135-136 for an article entitled “Is Gender Bias a Significant Problem in the Courts?” The article contains four questions at the end that you should answer. These questions can be found next to the last paragraph. Your responses may differ. One question pertains to your opinion on whether gender bias is a significant issue in courthouses nationwide.
Yes, I believe that gender bias is an issue in our nation’s courthouses because, as an army member, I have personally experienced its effects and witnessed how it diminishes the position of women. Society cannot truly achieve equality without acknowledging and addressing the instinctual drive to protect the weaker gender. Extensive research has shown that 98% of men admit to feeling this protective drive towards women, even when not explicitly requested. I am certain that this subconscious factor influences sentencing decisions involving women.
Some people may not believe that a woman who kills her husband did it out of anger and callousness. Rather, it might be due to an emotional factor that suggests men lack emotions, although this is mostly the situation. Many believe that the reason there is gender bias in both the courtroom and the American military is likely the same. While there are arguments for women having equal opportunities in the military, many think that society cannot deal with the true severity of what that entails.
Society has a similar perception of women in combat and female convicts, mainly due to concerns about their mental and physical abilities. The instinct to protect women from harm also contributes to this view. Have you personally experienced any instances of bias from lawyers, judges, or other court personnel? Response: No, I have never witnessed or encountered biased behavior from lawyers, judges, or other personnel.
If I am concerned about using individual reports to present evidence of gender bias, I would explore alternative approaches to studying the issue. In such cases, I would focus on addressing bias in general, be it related to race, sex, color, etc. If it is necessary to specifically focus on gender bias, I would utilize personal examples to highlight the topic without implicating others. This approach would enable me to express my opinions and share my research while preventing any harm or discomfort.
