Jun 01, · An analytical essay is based on facts and analysis. Usually, it does not contain opinion, rather the student will write an analysis based on the information they find. You will create an argument and reinforce it with sound reasoning to draw a conclusion. Try some of these analytical essay blogger.comted Reading Time: 4 mins Analytical Review Essay Guidelines. PURPOSE This analytical essay will serve as a summary and comparison exercise. It is designed to enable students to develop depth in a specific subject area and to reflect that depth in written form Independent Study Analytical Review Essay. 15 Apr, Free Samples 0. For my independent study project, I read an essay by Paul Butler, called Racially Based Jury Nullification: Black Power in the Criminal Justice System. This essay was published in the Yale Law Review (Number 3), in After I read the essay, I did some research to try
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Browse the database of more than essays donated by our community members! For my analytical review essay study project, I read an essay by Paul Butler, called Racially Based Jury Nullification: Black Power in the Criminal Justice System. This essay was published in the Yale Law Review Number 3in After I read the essay, I did some research to try and find credible sources that would discuss this topic further. How these views differ from current views will be discussed at the end of my paper.
It is obvious that significant improvements have been made in the way that the criminal justice system deals with Blacks during the history of the United States. Blacks have not always been afforded a right to trial, not to mention a fair one. Additionally, for years, blacks were unable to serve on juries, analytical review essay, clearly affecting the way both blacks and whites were tried.
Much of this improvement has been achieved through various court decisions, and other improvements have been made through federal and state legislatures. Despite these facts, analytical review essay, the development of the legal system with regard to race seems to have become stagnant. deadline 6 hours Writers : ESL Refund : Yes. deadline 3 hours Writers : ESL, ENL Refund : Yes. Payment methods: VISA, MasterCard, American Express, Discover.
Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies that adversely affect minorities in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, analytical review essay, is obvious.
Even whites are forced to admit that statistics indicate that the black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. Analytical review essay numerous articles and books have been published devising means by which to reduce variance within the system, the one I liked most, and probably most contentious, is that of Paul Butler, Associate Professor of Law, George Washington University Law School, and former Special Assistant for the United States Attorney in the District of Columbia.
Instead criticism and analysis must be based upon what is best for the black community in this country. From this perspective, it becomes clear that although race-based jury nullification has many attractive features, it must be modified to be truly beneficial. These problems are flaws in the criminal justice system, intrinsic or otherwise, which present themselves as disparities in the treatment of whites and blacks. In any policy discussion, the formulation of a plausible and effective solution clearly must analytical review essay based upon the nature of the problem.
Butler lists many examples of racism in the criminal justice system, but many are simply specific cases meant to illustrate his point. Although these cases are important, they are nearly impossible to discuss in a general examination of discrimination in the justice system because specific cases do not necessarily entail widespread discrimination.
However, Butler does analytical review essay past and contemporary administration of the death penalty, disparities between punishments for white-collar crimes and punishments for other crimes, more severe penalties for crack cocaine users than for powder cocaine users, and the high rate of incarceration of African-American men Yale Law Review, Although Butler lists it last, he does note that the problem of high incarceration rates among black males is the one noted most frequently.
This problem is one that is essential to the discussion of jury nullification and should be explored specifically for a number of reasons. First, whatever the reason, the number of black men in prison is frighteningly high. One out of every twelve black men between the ages of is in prison or jail. Additionally, there are seven black males in prison for every one white male. More than half of all black males are under the supervision of analytical review essay justice system in some way, at any given point in time Morris, These two factors indicate a very important trend.
A high number of black males are in prison, and many more black males are in prison than white males. This would definitely lead a reasonable person to assume at least some measure of discrimination within the criminal justice system exists. Secondly, and perhaps more significantly, the high rate of incarceration, upon further examination, leads to conclusions about its causes, which then shed light on the discussion of jury nullification.
The first step in examining this phenomenon is to examine what role racism plays in the high rate. There are several levels within the system at which discrimination could occur. The initial contact anyone has with the justice system is with analytical review essay police. The police are the institution that serves as a gateway to the legal system, and thus it is only logical to look here first. Analytical review essay, blacks were twice as likely to be arrested when compared to whites Bureau of the Census, Analytical review essay data could be construed to mean simply that blacks commit more crimes than whites.
Despite the fact that discrimination may exist among police, the arrest figures still do not account for the vast disparity analytical review essay incarceration rates.
So other aspects of the criminal justice system must be examined. Another level in which discrimination can be claimed is that of the prosecutor. This discrimination becomes even more evident and disturbing when examining the death penalty. A study in Georgia found that in matched cases, prosecutors sought the death penalty in 70 percent of the cases in which a black killed a white, and 15 percent of the cases in which a white killed a black Morris, In McCleskey v.
Kemp, the defendant introduced a comprehensive, multiple regression analysis of the death penalty, done by Professor David Baldus. The study controlled for independent variables, and indicated that race is by far the most important factor in whether a defendant receives the death penalty.
It also found that black killers of white victims are far more likely than white killers of black victims to receive the death penalty McCleskey v. Kemp, U. Supreme Court, Although the Court upheld the death penalty, it only did so because of the precedent that states that discrimination must be proved through demonstration of intent, and not just results. This disparity is reflected in the number of black death-row inmates. The NAACP Legal Defense fund reports that nearly 39 percent of the inmates on death row in the 35 states in which the death penalty is used.
It also found that of all federal death row inmates, 67 percent are black Mann, Despite the fact that these statistics are startling and important, analytical review essay, they are insufficient to justify race-based jury nullification at face value.
Twenty percent is definitely significant and does deserve action, but it is not as high of a number as some might speculate, and therefore might dictate a more moderate solution.
This will be discussed further later. This fact suggests that socio-economic factors are very important in the existence of crime.
Butler argues that this fact is simply more impetus for the implementation of his plan. He asserts that discrimination and segregation deprive blacks of adequate opportunity to improve analytical review essay social and economic standing, analytical review essay. Certainly, this is a compelling argument.
It is not clear, however, exactly how economic inequalities cause crime. Logic would certainly support the idea that blacks, faced with stark living conditions, would commit a crime either to strike back at whites or to attain more wealth.
There are several problems with this idea, however. First, many crimes are unrelated, if not contrary, to the acquisition of wealth. Not all murders are committed over material goods, and assuredly drug use in no way is helpful to the attainment of financial security. Second, to assume that crime analytical review essay dictated by social or psychological purposes is to ignore the fact that in most cases commission of criminal acts is governed by the proximity, ease, and convenience of reward, analytical review essay.
Once again, analytical review essay, the merits of jury nullification in alleviating these problems will be discussed, as will other solutions, later. From the viewpoint of the black community, it may not be exactly obvious whether discrimination in public policy and in the criminal justice system is reason enough to allow guilty criminals to go free.
Butler claims that it is important that black males be released not only because often they are on trial as a result of discrimination, but also because they are too important to the community to lose. There is significant reason analytical review essay believe this idea. It seems quite clear that black males are important to blacks on the whole, but Butler seems to underestimate the negative effect of crime upon the community in his attempt to prove discrimination.
This is clear in his claim that longer punishments for possession of crack than for powdered cocaine are evidence of discrimination. Studies indicate analytical review essay almost 97 percent of those charged with possession of crack were black, analytical review essay, while 80 percent of those charged with possession of powdered cocaine were white Kennedy, Thus, it could be argued that differences in sentences indicate an attempt to help the black community rather than hurt it.
Butler presents several hypothetical cases, one of which involves a black defendant arrested for possession of crack.
Butler states that this case is easily decided, and that jury nullification is the clear answer. He justifies this position by stating that since the crime was victimless, and since there exists such a disparity in sentencing procedures between crack and powdered cocaine, there is no question that jury nullification is the preferable option. Butler seems to ignore the detrimental effects of drug use and distribution on the black community. But the drug possession and distribution are not the only areas in which it is logical to protect innocent blacks, analytical review essay.
Studies also report that most crimes against blacks are committed by blacks, analytical review essay. This phenomenon is only strengthened by the segregation that Analytical review essay reports. It is only logical that if blacks are around other blacks, when analytical review essay commit crimes, they are more than likely going to victimize other blacks.
Although this segregation might be ascribed to whites, that is no reason for blacks to further worsen the situation by releasing criminals into the community. Another factor that I believe Butler misunderstands is the effect of rehabilitation. He states that the idea of rehabilitation as a justification for punishment can be analytical review essay with summarily.
According to Michael Vitiello, much of the reason for the abandonment of rehabilitation as a plausible reason for imprisonment stems from the work of one man, analytical review essay, Robert Martinson. Vitiello states that most of the analysis of rehabilitation is based analytical review essay the studies of Martinson, analytical review essay, which originally stated that it would never be a analytical review essay idea.
However, Martinson later retracted his conclusions, though none of the work based on those conclusions was subsequently retracted. Vitiello goes on to conclude that rehabilitation can work and has worked, and thus abandonment is irrational. He states that some improvements can be made, analytical review essay, and rehabilitation is an achievable goal Vitiello, However, this reference is taken out of context, as it analytical review essay simply a justification for increased attention analytical review essay discussion analytical review essay rehabilitation.
The importance of this analysis is hard to overestimate. Rehabilitation of the black community could rest upon the rehabilitation of its young male criminals. Butler admits that rehabilitation is preferable to nullification in theory, but simply does not believe that rehabilitation is possible, analytical review essay. It is unfair to judge jury nullification based simply on its own merits. This may sound ludicrous, but any plan must be judged in terms of its competition, analytical review essay.
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Analytical Review Essay Guidelines. PURPOSE This analytical essay will serve as a summary and comparison exercise. It is designed to enable students to develop depth in a specific subject area and to reflect that depth in written form Jun 01, · An analytical essay is based on facts and analysis. Usually, it does not contain opinion, rather the student will write an analysis based on the information they find. You will create an argument and reinforce it with sound reasoning to draw a conclusion. Try some of these analytical essay blogger.comted Reading Time: 4 mins All analytical papers include a thesis, analysis of the topic, and evidence to support that analysis. When developing an analytical essay outline and writing your essay, follow these five steps: #1: Choose a topic. #2: Write your thesis. #3: Decide on your main points.
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