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National Market Report

The National Market Report (NMR), details current issues involving emerging businesses, investments, and global markets, and their impact on Wall Street, other world financial centers, global business and capital markets.

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Is Civil Justice for Minorities in America Worse Than Criminal Justice?

  • Public
By National Market Report 2300 days ago

Categories: Social & Religious Empowerment


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Is Civil Justice for Minorities in America Worse Than Criminal Justice?

Blacks and other Minorities in the United States often complain of the lack of economic and business parity in the American marketplace. Much of this disparity may be directly related to a lack of access to Civil Justice in America.

The recent attention on the lack of Criminal Justice for Blacks in the United States is instructive. The Trayvon Martin, George Zimmerman case among others, and now the Michael Brown shooting in Ferguson Missouri, should open more eyes to the fact that Civil Justice in America is perhaps even less existent. However this situation has not been as universally recognized, nor has it attracted the type of attention it should. As a Black lawyer involved in the corporate and business transactional areas of practice, I can attest to the fact that the situation for Civil Justice for blacks is as least as dire or more so, than their plight in the Criminal Justice arena.

This is important because without parity in the Civil Justice system the achievement of economic parity and equal opportuntiy and treatment for minorities in America will remain only a dream, and equality within the Criminal Justice system will certainly not be possible.

In Criminal Justice Blacks at least have the opportunity of having their issues aired in a Court of Law after they are dragged into Court and given some semblance of a hearing on their charges. In contrast, because of the lack of funds and other access to adequate legal representation, many minorities in Civil matters have essentially no access to the Court system. They have little recourse to resovle the many Civil Injustices practiced against them, many of which are ironically caused by infractions committed by Federal, State and Local governmental entities which routinely commit constitutional and statutory violations against the citizenry, Black and White. 

The Civil Judiciary and legal system is even more White than the Criminal Justice system. Blacks and other Minorities therefore face a great hurdle in achieving Civil Justice because many of the adjudicators may not be adequately or historically conversant with the customs, mores, and experiences of Minority populations. This is somewhat evidenced in recent decades by the increasing difficulty for plaintiffs to achieve success in actions based on constitutional provisions of equal protection, and substantive and procedural due process.

The increasing but misplaced belief in some segments of the White community that racism is now non-existent, and that Blacks have achieved racial equality is also playing a significant role in the denial of Civil Justice in Black and Brown America. The election and re-election of the first African-American President has obviously emboldened those holding such views.

Civil infractions also do not have the sensational carriage of criminal matters which are usually more easily analyzed and reported by the media providing some resolution due the power of the fourth estate. Political attention and intervention with resultant mediation is also often facilitated in sensational Criminal Justice matters. 

This lack of Civil Justice is directly related to the difficulty Blacks have historically experienced in climbing the ladder of business and economic success. Entrepreneurial success is often heavily controlled and influenced by the civil justice system. The lack of Black and other minority lawyers focused on economic and businesses related practice, combined with a dearth of of Black judges, further exacerbates this problem. As a Black Lawyer I have experienced on several levels this lack of civil justice inherent in the system.

The cameras and media have a much more difficult time exposing the atrocities committed against Minorities in the Civil Justice system. This problem will likely persist until the number of Black lawyers working in the business and corporate sectors increases, and the amount of Black Judges expands significantly.

When officer Darren Wilson allegedly shot Michael Brown in broad daylight while he was running down the street in an attempt to save his life, onlookers and analyzers could easily form opinions as to whether the action was justified or not. They will also be able to readily assess whether the responses and actions within the Criminal Justice system are appropriately applied. However in Civil matters, particularly those involving business, corporate issues, and governmental actions where the poor, unrepresented, and racially deprived are discriminated against, such discriminatory practices are much more easily hidden, and consequentially institutionally entrenched.

 

National Market Report

National Market Report

The National Market Report (NMR), details current issues involving emerging businesses, investments, and global markets, and their impact on Wall Street, other world financial centers, global business and capital markets.

The National Market Report (NMR), is hosted by Harlington L. Hanna Jr., C.E.O. of The National Market Exchange Corp.
By profession, Dr. Hanna is an Intellectual Property and Securities lawyer,...

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