Bazelons two views of criminal law.

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Failures of the Justice System

1. The Right to Counsel:

• Legal Reasoning: The Sixth Amendment to the U.S. Constitution guarantees the right to counsel. However, this right is often compromised by inadequate funding for public defenders and the complexities of the legal system.
• Impact: This can lead to unequal representation, with defendants who cannot afford private counsel at a disadvantage. It can result in wrongful convictions, plea bargains under duress, and unjust sentences.

2. Disparity in Sentencing:

• Legal Reasoning: Sentencing disparities can arise from various factors, including racial bias, socioeconomic status, and judicial discretion.
• Impact: Disparities in sentencing can lead to racial and socioeconomic inequalities in the criminal justice system. For example, Black defendants are often sentenced more harshly than white defendants for similar crimes.

Sundquist and Faulkner's Race-Conscious Approaches

Sundquist:

• Colorblindness: Sundquist argues for a colorblind approach to the law, emphasizing individual merit and equal opportunity.
• Impact on Stop-and-Frisk: A colorblind approach could reduce racial profiling in stop-and-frisk practices. However, it may not address the underlying systemic biases that contribute to racial disparities.

Faulkner:

• Race-Conscious Remedies: Faulkner advocates for race-conscious remedies to address historical and ongoing racial disparities.
• Impact on Stop-and-Frisk: A race-conscious approach might involve increased scrutiny of stop-and-frisk practices to identify and eliminate racial bias. It could also lead to the development of alternative policing strategies that prioritize community engagement and problem-solving.

While both approaches aim to achieve racial justice, they differ in their emphasis on individual merit versus collective redress.

Sample Answer

Bazelon's Two Views of Criminal Law

David Bazelon, a prominent legal scholar, offered two contrasting perspectives on criminal law:

1. The Due Process Model: This model emphasizes individual rights and procedural fairness. It prioritizes protecting the accused from potential abuses of power and ensuring that legal processes are just and equitable.
2. The Crime Control Model: This model prioritizes the efficient apprehension and punishment of criminals. It focuses on public safety and the effective administration of justice.

These two views often clash in practice. A strong emphasis on due process can lead to delays and technicalities that hinder the prosecution of criminals, while a strong emphasis on crime control can lead to violations of individual rights and wrongful convictions. The balance between these two models is crucial for a just and effective criminal justice system.