Guiding Questions

• Is justice equally accessible to the rich and the poor?

• How does wealth influence legal outcomes?

• Can a society be just if its legal system favors those with money?

Justice for Sale?

In theory, justice should be blind — to race, gender, class, or income.

But in practice, money changes everything:

• Wealthy defendants can afford elite lawyers, private investigators, and expert witnesses

• Poor defendants often rely on overworked public defenders with too little time

• Bail systems keep low-income people in jail before trial, while the wealthy walk free

• In civil cases like eviction or child custody, many poor people never even get a lawyer

In short:

Access to justice is often gated by wealth.

Two Systems, One Nation?

Consider two people:

• A wealthy executive charged with white-collar fraud

• A poor teenager caught shoplifting

The executive posts bail, hires top-tier counsel, negotiates a deal, and avoids jail.

The teenager may sit in jail for weeks — or plead guilty just to go home.

Same laws.

Same country.

Very different experiences of “justice.”

What Philosophers Say

Karl Marx

Laws reflect the interests of the dominant class. The legal system protects property, not people — especially not the working class.

John Rawls – A Theory of Justice

Imagine designing a legal system without knowing your social status. If the poor would suffer under that system, it’s unjust for all.

Plato – The Republic

When the strong use law for their own benefit, the city is not just — it’s a tyranny disguised as order.

Two Perspectives on Wealth and Law

Equal Formal Access

Everyone has the right to use the law. If some don’t, it’s a personal failing or lack of effort.

Structural Critique

Access means more than permission. True justice requires removing economic and systemic barriers.

A Thought Experiment

Imagine two defendants:

• One is a millionaire

• The other survives on minimum wage

Both are charged with the same crime.

Now ask:

• Who is more likely to avoid arrest?

• Who will get out on bail?

• Who can afford to go to trial — instead of pleading guilty?

• Who is more likely to win?

Is this fair — or just familiar?

Toward Economic Justice

What can be done to close the justice gap?

• Fund and reform public defender systems

• Eliminate cash bail and use fair risk assessments

• Expand legal aid services for housing, immigration, and family court

• Waive court fees for low-income litigants

• Support law school clinics that offer free legal help

• Guarantee legal representation in serious civil cases — not just criminal ones

Justice should not depend on your bank balance.

Reflect and Discuss

• Have you — or someone you know — faced legal problems without access to legal help?

• Should wealth be considered when deciding bail, sentencing, or access to defense?

• Can a justice system truly be fair if legal representation is a luxury?

Suggested Readings

• Just Mercy – Bryan Stevenson

• Evicted – Matthew Desmond

• A Theory of Justice – John Rawls

• Chokehold – Paul Butler

• Gideon v. Wainwright – U.S. Supreme Court case that established the right to counsel

Next Lesson Preview

Lesson 8: Immigration and Justice

Are borders just — and how should nations treat non-citizens within their legal systems?

“Justice denied to the poor is not just a failure of law — it is a failure of society.”