NCJ Number
139138
Date Published
1991
Length
188 pages
Annotation
In recent years, social science research has revealed the subtle political influences and processes that influence judicial outcomes in the United States. This book examines the phenomenon of wealth discrimination in the court system by focusing on legal decisions affecting poor people as well as the individual stages in the judicial process in which poor people may suffer detrimental consequences.
Abstract
The introductory chapter discusses the general problem of courts and affluence in American society, concluding that, despite the removal of formal barriers to racial and gender inequality in the judicial process, and the reform of several significant wealth discrimination mechanisms, there remain many instances in which poorer people fare less well in the court system. The next chapter assesses the differential treatment of poor people in many aspects of the criminal justice system including criminal law, law enforcement, bail and jail, prosecution, the right to counsel and indigent representation, plea bargaining, trials and sentencing, and appeals and prisoner litigation. The author explores the civil justice system's consequences for poor people, discussing both disputes between private parties and actions aimed at generating social change. Administrative law impacts greatly upon poor people, as government agencies are responsible for allocating benefits and making related discretionary decisions. Another chapter explores the ways in which Supreme Court procedures and constitutional interpretation affect case outcomes for poor people. The courts' policymaking functions are discussed in terms of social change, access to justice, education, welfare benefits, housing, and individual rights. The American court system is compared to those in several foreign countries as an illustration of the processes underlying American courts and potential directions for reform. Chapter references