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The Evolution Of The Court System

 

            Term Paper: The Evolution of the Court System.
            
             The American court system has been a changing phenomenon since its conception. There are many different areas in which it has changed as well. For this paper the focus will be towards race and the idea of a fair trial. The book Celia, A Slave, by Melton A. McLaurin, illustrates a trial that takes place in the Old South and the effects of race on the outcome of the trial. Another book The Murder of Helen Jewett, by Patricia Cohen, describes a trial that takes place in New York during the eighteen hundreds. The cases will then be compared to a case of more recent trial.
             The trial centered in the book Celia, A Slave is a trial that focuses on many issues. Celia is charged with the murder of her master, Newsome. She had been repeatedly raped by her master on many different occasions thus there is motive for her killing. The defense tried to establish that Celia was acting in self defense and so it was not a premeditated murder.
             The defense had a very hard time during the case for many reasons. Celia was a black woman and during this time period black people in general did not have much hope in the court system, especially if it were a murder case against a white male. The jury consisted of all white males. The judge was concerned with the way he would look politically to the public if she was set free so there is an infringement on if she get a fair trial or not. The public wanted to see her hanged. The judge felt that the outcome could be responsible for an outbreak of rioting if she did not get convicted. It seemed as though every time the prosecution had an objection the judge would sustain the objection making it nearly impossible for the defense to get any sort of leeway with the jury. Also, every time the defense did seem as though they were making progress in the direction of establishing a case the prosecution would ask the judge to instruct the jury to disregard the testimony of the witness that was aiding the defenses case.


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