Final answer:
Equal justice under the law is difficult due to the justice gap, economic disparities, racial and social biases, and complexities of fairness versus justice. These factors result in unequal access to and treatment within the legal system, despite constitutional protections.
Step-by-step explanation:
Achieving equal justice under the law is challenging due to various ingrained societal and systemic issues. One significant hurdle is the justice gap, where people, notwithstanding formal political institutions, are unable to obtain justice for civil, administrative, or criminal issues. Factors contributing to this include economic disparities, which can prevent individuals from accessing legal aid or representation, as mandated by provisions like Article 39A of the Indian Constitution.
Racial and social biases also play a significant role in perpetuating inequality. Historical and ongoing discrimination against marginalized groups such as people of color, LGBTQ individuals, and those with disabilities lead to unequal access and treatment in the legal system. Moreover, justice does not always equate to fairness, as laws must consider complexities such as mitigating circumstances and the specific context of each case, which adds to the challenge of ensuring equal treatment.
The U.S. justice system, while founded on the principles of equality and justice, still shows discrepancies in enforcement and interpretation of laws, as evidenced by the differing societal perceptions highlighted by high-profile cases like Rodney King and O.J. Simpson. Additionally, civil liberties, such as the Eighth Amendment, are meant to ensure equal protection but are often unequally applied, further complicating the pursuit of justice.