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"No matter what class we are born into we are all equal under the law," how true is this statement?

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Introduction

Ben Jones 10th March 2003 "No matter what class we are born into we are all equal under the law," how true is this statement? The statement "No matter what class we are born into we are all equal under the law," is a very utopian opinion of the world at the present time. The statement recognises that our society is built upon a class system but at the same time recognises that the legal system exists outside these boundaries. So what is the perceived difference between the principle of "equality under the law and the reality of people's experience". It is fair to say then that the theory behind law is accurate, however when placed in practise we can see it differs dramatically. As we are born, it is quite true to say that from the instance a person is born, the law will not have any preconceived notions of that person. And it is fair to say that, in theory, irrelevant to what class you are placed in, if a crime is committed then the legal system should and will uphold the law. However, in practise, I believe that a disproportionate size of police resources have targeted crime within the lower classes and the majority of criminals in prison at the moment, previous to their conviction, had an income below �10,000. ...read more.

Middle

When looking at the crimes committed by the lower classes they appear to be detrimental to society compared with the majority of corporate crimes and therefore the two tier legal system seems to be justified. So why is the crimes of the lower classes more detrimental to society than that of the upper classes? For decades, leading criminologists, during the late 1800s and early 1900s, have tried to explain the reasoning for criminal behaviour and a popular theory was that the criminal had a genetic deficiency. As the years passed this theory came in and out of fashion. However, at the present time, with the advanced knowledge of the sciences we can now say that this theory is irrelevant. However it does come to the next question of what is the cause of crime. Many believe that crime occurs due to social, economic and environmental factors. This is what Marx believed and explored why the lower classes commit such crimes in capitalist regime. Marx argued that capitalism was full of inequalities and demonstrated this through the concepts of alienation, exploitation, and marginalization. Marx's basic assumption was that individuals are creative beings and have a necessity to show this creativity through labour and that we are social being needing to interact between each other to survive. ...read more.

Conclusion

Firstly, President bush wishes to disarm the Iraqi government through international law when this approach fails America ignores the world governing legality and prefers the approach of a war. This shows the inequalities and the constant contradiction of the western government when the practise of freedom is concerned. However the law has always stayed the same in its legal position independent of who is before the court, yet the people who are actually behind the law, applying the law have opinions and policies to which they prescribe to and can be influenced by other peoples persuasive arguments. There is evidence of this when we look at the Lord Archer case. Obvious to the public of his guilty the wealthy Lord managed to escape imprisonment. However only though his own failing was he caught out. Again over in the U.S in the O.J.Simpson trial was not an example of justice prevailing. In America the legal system has the stigma of being able to buy your innocents. This would certainly be the case with this judgement. The reasoning behind this is because if had been an ordinary black from America they would have been found guilty and lucky not to be transported to Texas for executions. But O.J.Simopson was a respectable film star ex- American football player and was found innocent. This shows how being born in to a class can affect how you are judge under the law, ...read more.

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