The Court System

Preface: This article has been written as part of a Graduate course which required a thought provoking question.Before reading this analysis of the courtrooms and the carrying out of punishments, it would be prudent to read Michel Foucault's Discipline and Punish: The Birth of the Prison pages 1-31 (citation can be found at the bottom of this article).

In Discipline and Punish: The Birth of the Prison, by Michel Foucault, the transformation of the penal system over the course of centuries is analyzed. The novel opens with a gory rendition of a criminal's alleged punishment compared to the carrying out of his consequence which included multiple failed attempts to quarter the man (Foucault 5). Though horrifying, the anecdote allows for the reader to understand the need for a less barbaric way of punishing criminals and gives evidence towards the sentiment punishment should equate to bodily suffering is antiquated (Foucault 11).

Public tortures and tormented deaths are the catalyst for a distancing between the criminal, and the executioner, and the audience/society. During this transition, the covering, symbolic of a barrier and a removal of "light", paralleled the focus of punishment from the body to the soul (Foucault 14). However, the covering of the criminal failed to completely remove the shame, negative effects, and trauma inflicted on the audience and ultimately, society. Finally, the implementation of a judicial system which closely mirrors the one the United States has adopted occurs; juries and judges share the responsibilities of doling out consequences and punishments. Therefore, not one group carries the burden of shame or guilt.

The 'new' way of convicting criminals eliminates a promised consistency of punishment for criminals as the judicial system allows for subjectivity which seems hidden in explicit laws. Foucault tears apart the different layers a jury and judge must examine when deciding a criminal's fate with several questions circling around the intentions, mental state, and "will" of the felon (Foucault 19). The judicial system is in place to fairly punish the guilty and exonerate the innocent. What is unclear to most is the varying degree of punishment which the collaboration of judge and jury can impart.

According to "Red Light and Stop Sign Tickets in Texas" an article by an attorney, John McCurley, "Stop sign and red light violation fines vary depending on the circumstances...But generally, fines range from about $150 to $275." The wording mimics the law's which allows the court freedom to decide a consequence depending on circumstances. What happens when law for the crime exceeds a normal difference in range of $125? In another article, "Texas Criminal Law: Murder" written by attorney Paul Saputo, he states the penalty range for murder in Texas is "from 5 to 99 years in prison". Because the law encourages subjectivity on the part of the courts to give fair retribution for crimes, the courtrooms lend themselves to be places of racial and socioeconomic injustices.

For those unable to settle outside of the courtroom due to a lack of monetary funds or those who face racism there is severe discrimination. Therefore, has the removal of objective punishments tainted the efficacy of the judicial system as it is now haunted with unjust and severe consequences for minorities and those of lower socioeconomic classes?

The inquiry aligns with the notion that here, in the United States, those of the upper class continue reaping the rewards of money while those of lower socioeconomic continue the cycle of not having enough, facing particular obstacles, and having less opportunities.

Work Cited

Foucault, M. (1995). Discipline and Punish: The Birth of the Prison. New York, NY: Vintage Press

McCurley, J. (2019, June 4), Red Light and Stop Sign Tickets in Texas. Driving Laws https://www.drivinglaws.org/resources/traffic-tickets/moving-violations/running-red-lights-and-stop-40#:~:text=Stop%20sign%20and%20red%20light,to%20a%20motorist's%20driving%20record.

Saputo, P. (2021, October 4), Texas Criminal Law: Murder. SAPUTO Law. https://saputo.law/criminal-law/texas/homicide-crimes/murder/#note2.