6 Factors that Could Prevent a Fair Trial in America

Marty K.
I am first and foremost in favor of justice, and it should be of paramount importance. Injustice in the system is an issue that troubles me tremendously. There are real problems that could inhibit people from receiving a fair trial, and these need to be addressed:

1. Prosecutorial Ambition: A Feather in the Cap

Some prosecutors care about their careers more than justice. Remember Mike Nifong? Those Duke guys were from wealthy families and were finally able to bring out the truth. How many instances such as this exist around the country where the falsehoods are not uncovered?

Police investigators could also be overly aggressive in interrogations in order to appease the public and elicit confessions.

2. The Misinformation Given to Jurors: "You May Only Consider the Facts"

Jurors are rarely aware of all of their rights and duties, including "jury nullification." This is an option available to them whereby they can vote "not guilty" if they determine that a law is undemocratic. For example, if a state has enacted a regulation that says one can not exercise his right of self-defense, the jury has the ability to vote "not guilty" based upon their determination that the law, itself, is unconstitutional.

Jurors who have great amount of knowledge and awareness may even be eliminated altogether, somewhere along the line.

3. Feminist Jurisprudence and Rape Shield Laws

I often take the side of women with various issues. This, however, is one instance where I believe that men's rights are often violated. A man could be considered guilty before a trial, and we have seen this at Duke, in Colorado and in other places.

Under Feminist Jurisprudence, men are considered guilty until proven innocent, and they do not receive the rights afforded to a person who is supposed to have a presumption of innocence. Women, on the other hand, are often predetermined to not have the criminal or dishonesty gene.

Before anyone thinks I'm sexist, let me present the flip side of this. A truly decent woman, perhaps a wife and mother, could be falsely accused and tarnished by prosecutors when she is telling the truth.

4. Defense Lawyers Might Not Measure Up

They get paid large sums, but innocent people can find themselves headed to prison. Attorneys usually don't have problems helping a person arrange a plea bargain, but fighting for a person's innocence is sometimes a different matter. Some of them may prefer to do things the easy way, and might become accustomed to this.

The factor of money often comes into play when seeking the best defense attorneys. They might do a better job than others, and this is obviously a misfortune for poorer people, and a great unfairness that exists.

5. The Influence of the Media

Trial by media is very unfair. It can also inhibit the progress of justice. Journalists often report on what they think will sell papers, and that could involve twisting the facts or reporting based upon assumptions. In some people's minds, a few lives ruined means nothing if they make a profit. This, of course, is sickening.

6. The Sway of Political Correctness: This is Important!

Ladies and gentlemen, we have great injustice that is presenting going on. Two former U.S. Border Patrol agents -- Ignacio Ramos and Jose Compean -- are serving 11- and 12-year prison terms for attempting to apprehend an illegal alien drug smuggler. A lot of time has gone by, and these are decent men - loved by their wives, families and children who need them to be home.

This is an example of politically correct thinking preventing justice from occurring, and everyone should protest against this. Please find the details at grassfire.org, and you can also find out how you can help.

In America, we have a great Constitution and legal system. It can work if the people are aware and have a good intent in their hearts. I especially urge everyone to know and understand their jury rights, in the event they're called for this patriotic duty. Information may be obtained at fija.org.

Published by Marty K.

Involved in various businesses throughout life, including iron & metal, landscape, sales in companies and freelance, business support services.  View profile

  • Some prosecutors care about their careers more than justice.
  • Feminist Jurisprudence can harm the rights of some, while implying guilt before a trial.
  • The sway of political correctness has caused the convictions of border agents for doing their job.
Jurors are often not aware of all of their rights and duties, including "jury nullification." This is an option available to them, whereby they can vote "not guilty" if they determine that the law, itself, is unconstitutional.

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  • RivCo victim6/22/2010

    Judge Becky Dugan convicted me of something I did not do, without evidence, ignoring testimony, and disregarding blatant lies. After over seven years, I continue to fight for what is right and the truth will be exposed soon... Can't wait to take her off her high-horse. Messing with someone's life is not something to play around with Dugan. Real justice will prevail.

  • fearful6/7/2009

    You are right about Becky Dugan. I know the case you are talking about. Its not just Becky Dugan. You cannot get justice in Riverside County. ..... and Lori Kennedy was the worse commissioner to set on the bench. Every judge covered up for her.

  • Greg Hernandez3/9/2008

    I find that #4 is one of the most prevailant, they are so willing to compromise the client's character because of the fast buck, by talking the client into a plea-bargain even though the client might be innocent. If the client isn't willing to comply all of a sudden the lawyer loses intrest in the case & leaves the client high & dry. My friend was profesionaly framed on a lewd act charge & when she refused to plead guilty she was placed in jail for 3 mos. & when she still wouldn't comply the judge [Becky Dugan] in riverside ca. she was placed on an incommitant hold, & than placed in a mental facility. #7 Judges that misuse thier authority to make the case go the way they want, even by placing cmpletely sane people in mental facilities. Judicial terrorism in the court system!!!

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