To Kill A Mockingbird: The Flaws Of The Jury System

The American Criminal Justice System: The Flaws of the Jury System
Harper Lee’s novel To Kill a Mockingbird shows the inherent flaws of the American jury system. Lawyers are given the power to choose juries for their clients prior to a case, effectively giving more talented attorneys an unfair advantage before the case goes to court. In To Kill a Mockingbird, Atticus states that, “our courts have their faults as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal” (Lee, 205). Atticus’ statement is fallacious. The jury system is innately prejudiced: talented attorneys - those most likely to win cases - tend to represent privileged clients, and the justice system does
The American justice system allows lawyers to defend their clients, even if they suspect that their client is guilty. The lawyer has a duty to fight for his clients, but not necessarily for the the truth. Jerome Frank, the author of the book “Courts on Trial,” which describes the duties of a lawyer, says, “an experienced lawyer uses all sorts of stratagems to minimize the effect on the judge or jury of testimony disadvantageous to his client, even when the lawyer has no doubt of the accuracy and honesty of the testimony.” (Frank, 2). Former attorney Henry I. Subin describes a case he argued and admits, “I was suspicious of the client’s version of what had occurred, and I supposed a jury would as well. The problem was theirs, however, not mine. All I had to do was present my client’s version of what occurred in the best way that I could” and “I was prepared to stand before the jury posing as an officer of the court in search of truth, while trying to fool the jury with a wholly fabricated story” (Subin). Subin blatantly states that a lawyer can make fabricated statements while appearing to defend the truth, thus further compromising the moral integrity of the justice
Attorney Leslie Scott writes, “No matter what happens to you, you are constantly put under this eye of distrust that you can never shake” (Scott, 10). The American prison system has left people released from prison finding it difficult to transition from prison to being a functional member of society. In The Psychological Impact of Incarceration: Implications for Post-Prison Adjustment, psychologist Craig Haney states that “those who suffer the negative effects of a distrusting and hypervigilant adaptation to prison life find it difficult to promote trust and authenticity within their children. Those who remain emotionally over-controlled and alienated from others experience problems being psychologically available and nurturant.” (Haney, 1). In addition to racial bias and wrongful convictions, the American prison system uses the ancient practice of solitary confinement, which leaves victims of the technique unable to properly find their place in their community. Haney states that incarceration “interferes with the transition from prison to home, and may compromise an incarcerated parent's ability to resume their role with family and children.” (Haney, 1). In other words, former prisoners struggle to be good parents, and may risk passing their bad experiences onto a future generation. When a convict is released from prison, they find difficulty adjusting back into their