Equal Treatment Under the Law in Modern Society Dissertation

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The notion of equal protection clause is typically the last resort for the majority of accused individuals that are present in the Court. Initially, equal treatment under the law was only available to the accused in the state and local courts (Banks, 2012). Later, the Supreme Court also employed this legislation. The importance of equal treatment under the law can be explained by the ambiguity that is inherent in the opinions of the Justices of the Supreme Court of the United States. Speaking more generally, every accused person expects to be treated fairly and in compliance with the current legislation (Epstein & Walker, 2012). In comparison to other rights, the right for equal protection can be considered the most important for the reason that it prevents discrimination of various groups of people and provides those individuals with the ability to get rid of racial segregation.

Supreme Court Opinions

There are two major cases that became rich examples of the employment of the Fourteenth Amendment (and equal treatment right in particular). First, it is Mapp v. Ohio where the law enforcement officer obtained necessary evidence after an illegal search. The police managed to use a fake warrant to obtain the evidence. This case was remarkable due to the utilization of the Due Process Clause (14th Amendment), and Mapp was able to appeal to the Court successfully. Second, it is the University of the State of California v. Bakke where a white man was not admitted due to his skin color. He proved that he scored more points in the admission tests but was not able to gain admission. In this particular case, the inability to flexibly manage racial quotas debased the equal protection inherent in the Fourteenth Amendment.

Equal Treatment Under the Law in the Modern Society

The concept of equal protection and the Fourteenth Amendment play a big role in the life of the modern society. Moreover, this particular legislation integrates closely with the lives of individuals by means of its range (Banks, 2012). We should pay close attention to the change that equal treatment under the law brings to our society. For instance, we might emphasize the reconsideration of the same-sex marriage. Approximately two decades ago this seemed impossible, but today it is legal and protected by law (Judson, 2013).

The importance of the notion of equal protection cannot be underestimated as we should understand the pivotal points of the fight for equal rights and elimination of racism (Sidlow & Henschen, 2012). In other words, equal treatment may be perceived as an instrument helping the Supreme Court to shape a much more democratic society that tends to pay attention to its common problems and find the solutions to the present problems. The example of equal treatment proves that progress is inevitable and possible in both constitutional and public terms.

The Future of Equal Treatment

The future of this notion inherent in the Fourteenth Amendment seems to be bright and clear. I believe that the Supreme Court of the United States will expand the right for equal protection even more in the future. The actions of the Supreme Court are aimed to develop the human and constitutional rights of the defendants and plaintiffs. Therefore, the major goal of this aspect of the Fourteenth Amendment is to guarantee the maintenance of a healthy society that does not tolerate racism and makes all the steps that are necessary to eliminate all kinds of isolation and prejudice.

References

Banks, C. (2012). Criminal justice ethics: Theory and practice. Thousand Oaks, CA: Sage Publications.

Epstein, L., & Walker, T. G. (2012). Constitutional Law: Rights, Liberties and Justice. New York, NY: SAGE.

Judson, K. (2013). The Constitution of the United States. Berkeley Heights, NJ: Enslow.

Sidlow, E., & Henschen, B. (2012). GOVT. New York, NY: Cengage Learning.

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IvyPanda. (2020) 'Equal Treatment Under the Law in Modern Society'. 5 August.

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IvyPanda. 2020. "Equal Treatment Under the Law in Modern Society." August 5, 2020. https://ivypanda.com/essays/equal-treatment-under-the-law-in-modern-society/.

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IvyPanda. "Equal Treatment Under the Law in Modern Society." August 5, 2020. https://ivypanda.com/essays/equal-treatment-under-the-law-in-modern-society/.

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