NCJ Number
27040
Date Published
1971
Length
0 pages
Annotation
THIS FILM ONE IN A SERIES OF 'CBS NEWS REPORTS' DOCUMENTARIES ON JUSTICE IN AMERICA AIRED IN 1971 ARGUES THAT THE POOR CANNOT GET JUSTICE UNDER THE COURT SYSTEM IN THIS SOCIETY.
Abstract
SEVERAL REASONS FOR THIS SITUATION, ALL GROUPED UNDER THE GENERAL HEADING OF A 'BREAKDOWN IN THE MACHINERY OF JUSTICE', ARE CITED. USING INTERVIEWS WITH LEGAL AID AND OTHER DEFENSE LAWYERS, ACTUAL DEFENDANTS IN CRIMINAL AND CIVIL PROCEEDINGS, AND A U.S. COURT OF APPEALS JUDGE, THIS DOCUMENTARY EXPLORES ELEMENTS OF THE 'MACHINERY BREAKDOWN'. THOSE ELEMENTS WHICH CHARACTERIZE THE CRIMINAL COURT SYSTEM INCLUDE THE INEFFECTIVE LEGAL REPRESENTATION AVAILABLE TO THE POOR, THE POOR'S INABILITY TO MAKE BAIL WHICH LEADS TO PROTRACTED PRETRIAL DETENTION, AND UNREPRESENTATIVE JURY COMPOSITION CAUSED BY BIASED JUROR SELECTION PROCEDURES. HIGHLIGHTED IN THE AREA OF CIVIL COURT ACTIONS ARE THE HIGH INCIDENCE OF DEFAULT JUDGMENTS IN CREDITOR/DEBTOR CASES DUE TO THE FAILURE OF THE DEFENDANT TO APPEAR IN COURT, THE DEBTOR'S IGNORANCE OF THE TRIAL PROCEDURES, HIS FAILURE TO RECEIVE FORMAL COMPLAINT NOTICES OR COURT SUMMONS, OR HIS INABILITY TO AFFORD A LAWYER TO ACT IN HIS BEHALF. ALSO DISCUSSED IS THE POOR'S INABILITY TO RECEIVE 'EQUAL JUSTICE UNDER THE LAW' IN LANDLORD/TENANT ACTIONS.