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Speak Up! - View Question #387 |
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Question: Is it true that kids have different opportunities when going through trial if they are White?
Answer: Absolutely not. In the United States, all people
are entitled to the same rights regardless of their race, gender, or national
origin. The Constitution of the United States contains three clauses that
specifically protect the rights of all people to equal treatment under
the law. Equal treatment by the federal government is guaranteed by what
is called the 'Due Process Clause' of the Fifth
Amendment. Equal treatment by state governments is similarly guaranteed
by the 'Due Process' and 'Equal Protection' clauses of the Fourteenth
Amendment. The Arizona Constitution also contains a 'Due Process Clause'
in Article II, ยง
4. The guarantee of equal treatment regardless of race is especially
well protected in courts of law. After all, the courts' mission is to
uphold justice and both the Arizona and US Constitutions.
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| Comments |
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On 04/13/04
Cryogen from NY said:
I agree Laura, but one thing you'll find as you grow up is that the way things should be can be very different from the way they actually are. The law in and of itself is an abstract concept; people, however, are thinking, rational (hopefully) entities, and they do not always act exactly as the law prescribes. People learn prejudices and injustice from their own lives, and sometimes these things affect their decisions, even subconsciously. Unfortunately many of the laws and the legal system itself are devoted to the status quo more than real justice, though no one in authority will admit that.
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On 11/18/03
Kevin from WA said:
Although the justice system is legally supposed to be color-blind, the reality of the situation is that race still matters. The system depends on human judgment, and the people making decisions may have racial biases and prejudices, conscious or unconscious, which affect their decisions.
White people are less likely to be found guilty, and are likely to have shorter sentences for the same crimes. White people are much less likely to get the death penalty, for example.
I'm disappointed that this site doesn't acknowledge that racism is still a problem in the justice system.
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On 04/07/03
Lauren from HI said:
If a person actually was discriminated because of their race in court, I would NOT think very highly of that court. It's ridiculous and cruel to do that to anyone.
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