Monday, August 07, 2017

Poverty & Justice: A Deadly Mix

                                                                                                

While Thailand has not carried out judicial executions since 2009, all the consequences of poverty which accompany the death penalty are fully in force.

1. Unequal access to education and information In many criminal justice systems, the judge and/or jury may have explicit or implicit biases against people from disadvantaged socio-economic backgrounds, making those defendants more likely to face a guilty verdict and to be sentenced to death.

All over the world, justice systems are very complex and people facing the death penalty need expertise to assist in their defense.
en lack access to education and are often deprived of necessary and elementary social and financial support and legal knowledge to understand and participate fully in legal proceedings initiated against them in death penalty cases.


They are less likely to assert rights and benefits provided by the law, and they may not know how to get support.


2. Bail and pretrial release


A person from a disadvantaged socioeconomic background will be less likely to afford bail and obtain release before trial.


The defendant will therefore be less able to assist in preparing a defense.

3. Unequal access to justice

No justice system is completely free of charge. The expenses related to access to justice are a major obstacle for people living in poverty, as they simply can’t cover the costs.

These obstacles are amplified in capital cases, where each stage of the legal process involves an additional cost, such as hiring a lawyer competent to handle legal and evidentiary matters specific to capital proceedings. These accumulated expenses are one of the main reasons people living in poverty have trouble making use of the remedies available to them in the criminal justice system.

4. The importance of the effectiveness of the legal assistance

The legal representation for defendants from vulnerable backgrounds is often of lesser efficacy; appointed attorneys are often underpaid, lack adequate means to lead their own investigations, and lack the trial experience required for death penalty cases.
The inferior quality of legal representation places defendants living in poverty at a serious disadvantage, thereby increasing their likelihood of being sentenced to death.

5. Building a strong defense

Building a strong defense in a capital case can require a lot of financial resources.

People from a disadvantaged economic background do not have the means to pay experts or to obtain a more in-depth investigation of facts and evidence.

Such defendants may also not have the resources to effectively assess whether they are receiving adequate representation.

6. The specific case of foreign nationals

Some countries host foreign nationals to perform underpaid or menial work, such as housekeeping or hard physical labor.

Those migrant workers often take such jobs because they come from disadvantaged socio-economic backgrounds in their home countries.

If these people interact with the criminal justice system, they may face additional discrimination because of their status as foreign nationals, because they don’t speak the language and don’t have the network of people and social influences to support their cases, in addition to the barriers they face as persons living in poverty.

7. Biases and discrimination against people living in poverty

In many criminal justice systems, the judge and/or jury may have explicit or implicit biases against people from disadvantaged socio-economic backgrounds, making those defendants more likely to face a guilty verdict and to be sentenced to death.

8. Corruption

Corruption is endemic in many countries, including in the police force, the judicial system, and even judges themselves.

Those who have financial means or who have a strong social network may be able to access much more efficient justice and even ensure a favorable trial outcome.

Those who don’t have the financial means to pay for these justice-sector services - which are supposed to be free of charge - see their petitions and requests delayed, rejected, or dropped. Corruption is often coupled with dreadful prison conditions.

9. Death row living conditions

The conditions of detention may largely depend on the financial resources of the convicted person.

For example, people from poor socioeconomic backgrounds will have more difficulty accessing certain prison services such as medical care or food, and will not be able to receive financial assistance from family members to remedy the situation.Poverty can also limit the opportunities a death row prisoner has to stay in contact with family members and friends.

10. Impact on relatives

The economic and social consequences of a death sentence can be dramatic for people living in poverty.

Deprived of liberty, they are also deprived of income, employment, and social benefits. The family is also directly affected, especially if the convicted person was the family’s main breadwinner.

The financial burdens on family members throughout the legal proceedings can also lead to poverty.

For further information please view http://www.worldcoalition.org
 
 

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