“Racism and classism are a manifestation of a culture that has no genuine morals and can only elevate itself by subjugating others.”
Shahid K. Bolsen
Introduction
The United States prides itself on being a nation of laws, where justice is a fundamental pillar of society. However, for millions of people, this ideal is far from reality. With over 2.5 million individuals incarcerated in state and federal prisons, the American criminal justice system seems to be more of an industry of profit rather than a beacon of justice. This situation begs the question: Are lawyers truly fighting for the legal and constitutional rights of their clients, or is their advocacy driven primarily by personal gain?
The Role of Lawyers: Ideals vs. Reality
Lawyers are often seen as the defenders of justice, the ones who stand up for the oppressed and ensure that everyone receives a fair trial. This is the idealistic view that many people hold, inspired by courtroom dramas and the noble image of legal warriors. However, the reality is more complex and, often, disheartening.
In practice, many lawyers are motivated by financial incentives rather than a pure dedication to justice. This is not to say that all lawyers are indifferent to their clients’ rights, but the system itself encourages a focus on profit. Legal fees, billable hours, and the potential for lucrative settlements can sometimes overshadow the fundamental mission of defending constitutional rights. The prison population is also a direct reflection of what lawyers in the United States is doing and not doing.
The Profit-Driven Justice System
The staggering number of incarcerated individuals in the United States highlights a systemic issue. The criminal justice system, including its legal representatives, often operates as a business. From private prisons that benefit from high incarceration rates to legal professionals who may prioritize high-paying cases, the focus can shift from justice to profitability.
The situation becomes even more dire when considering public defenders. These lawyers, who are supposed to represent those who cannot afford private counsel, are often overworked and underpaid. With excessive caseloads and limited resources, public defenders may struggle to provide the vigorous defense that every defendant deserves. This imbalance leads to a higher likelihood of plea deals and wrongful convictions, contributing to the swelling prison population.
Source: Bureau of Justice Statistics
Personal Experience: A Case Study in Systemic Failure
My own experience underscores the flaws in the system. Wrongfully convicted and imprisoned, I encountered a legal landscape where my constitutional rights were outright overlooked. My case was not unique; countless others face similar injustices, trapped in a system that seems more concerned with maintaining its own mechanisms than ensuring fair treatment for all. My case also gives indisputable proof that the State wins cases on technicalities and not merits, with the system itself engaged in concerted actions to protect itself, completely denying you justice.
Throughout my ordeal, it became evident that many lawyers are selective in their battles, often influenced by the potential for personal gain. This selective advocacy means that those without substantial financial resources or high-profile cases may receive subpar representation, perpetuating cycles of injustice and incarceration.
“The American Criminal Justice system has a well-known history of ignoring facts and relying on prejudice.”
Ewing Redmond Samuels III
10 Eye-Opening Facts About Criminal Justice
1) Mass Incarceration: There are currently over 2 million people incarcerated in the U.S., and an additional 5 million under correctional supervision (on probation or parole).
2) Race: People of color are disproportionately represented in the criminal justice system. Applying 1996 incarceration rates, the lifetime chances of spending time behind bars is 1 in 4 for African-American males; 1 in 6 for Latino males; and 1 in 23 for white males.
3) Poverty: The majority of people in prison are poor-60% of women and 40% of men in U.S. State prisons were unemployed before their arrest.
4) Gender: The rates of incarceration for women in New York State increased by about 500% between 1974 and 2004 (more than double the rate of increase for men). The lifetime chances of going to prison are six times as high for African-American women as for white women.
5) Drugs: A 1997 survey of State prison inmates revealed that a third committed their offense while under the influence of drugs.
6) Families: Most people who are incarcerated are parents–75% of incarcerated women are mothers; 66% of incarcerated men are fathers. Ten million children in the U.S. have a parent who is currently or was recently under some form of criminal justice supervision (incarcerated, or on probation, or parole).
7) Youth & Juvenile Justice: In 2003, 112,000 young people were in juvenile institutions nationwide, mostly for property offenses.
8) Displaced Resources: The U.S. Census counts prisoners as part of a prison county’s population–rather than as residents of the communities they originated from. Federal resources and political representation are granted based on population, so this practice displaces needed resources and political representation away from already struggling communities to the mostly rural areas that “house” prisoners.
9) Profits: Contracts for other services-such as security technology, vending machines, and products sold at elevated prices at the “commissary,” where prisoners buy toiletries, food, and other necessities-also generate profits.
10) Voter Disenfranchisement: In most states, those convicted of felony crimes are barred from voting for a period of time after their release; in some States, they are banned for life.
Source: Barry Chaffkin & Tanya Krupat , Coalition 2007 Conference Presentation
A Call for Change
The American criminal justice system needs a profound transformation. Lawyers should be advocates for justice, not merely participants in a profit-driven industry. This shift requires systemic changes, including better funding and support for public defenders, reforms in sentencing laws, and a reevaluation of the incentives that drive legal practice.
We must also hold legal professionals accountable, ensuring that they uphold their duty to fight for their clients’ legal and constitutional rights. Advocacy should not be a selective process based on potential rewards but a consistent commitment to justice for all.
Conclusion
The over 2.5 million people incarcerated in the United States serve as a testament to a system in dire need of reform. Lawyers play a crucial role in this system, and their motivations can significantly impact outcomes. It is time to move away from a profit-driven approach and towards a model of legal representation that genuinely prioritizes justice, fairness, and the protection of constitutional rights. Only then can we begin to address the deep-seated issues that plague our criminal justice system and ensure that it serves all individuals equitably.
Until Next Time…
I Am,
Ewing Redmond Samuels III
