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fandomhigh2010-03-09 01:49 pm
glasses-justice.livejournal.com) wrote in fandomhigh2010-03-09 01:49 pm
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Concepts of Justice and The Law [Period 4, Class #9, Mar 9]
"Justice," Alex began, "is frequently depicted as a pair of balancing scales. If you've been paying attention so far this semester, you probably can see how that would be appropriate. A lot of the fundamentals of justice are, at heart, an elaborate balancing act. When the lines have to be drawn, what do you privilege? Where do you err, in the gray areas? That's something we've been discussing, in one form or another, nearly every week."
"This week, we're going straight to the heart of the matter." Alex pointed to the blackboard, which had a few sentences written on it.
"This is known as Blackstone's Formulation," Alex said, "although the principle behind it is much older. Sir John Fortescue said much the same a few centuries earlier. The idea here is that, all else being equal, it is better for a judicial system to acquit ten guilty people than to convict one innocent person.
"Obviously, the ideal would be to convict every guilty person and to never convict anyone who was innocent. But that's not realistic. Some accused will confess. Some crimes, you will have clear and undeniable evidence. The rest of the time? You have a great deal of evidence pointing towards that person, while he or she swears innocence.
"It is each society's decision, what to prioritize in that moment. Not all follow Blackstone. Otto von Bismarck said the opposite: better to imprison ten innocent men than to let one guilty go free. Bismarck's country would presumably have less crime, but I'll say, I still wouldn't want to live there.
"If society decides that it's better to acquit the innocent than convict the guilty, then the burden of proof is on the prosecutors. The government has to prove, within a reasonable doubt, that this person is guilty. Reasonable doubt doesn't mean no doubt at all. If aliens might have abducted this person and replaced him with a body double, that's certainly an alternate theory of the crime, but it's hardly a plausible one."
At least, for places that weren't Fandom.
"No one is found innocent in a court of law: the verdicts are Guilty or Not Guilty, and sometimes the latter means 'we're not sure.' If you're not convinced, as a jury member, you should vote Not Guilty. Put the burden on the prosecutors. Make us do our job.
"By contrast, if you're living in Bismarck's world, you have to prove your innocence, if you're charged with a crime. Proving a negative is difficult. Find a good alibi, find a good attorney, and good luck."
Alex clasped her hands together, in front of herself. "So. That's this week's topic. Reasonable doubt, and balancing those scales. Do you follow Blackstone, or Bismarck?"
"This week, we're going straight to the heart of the matter." Alex pointed to the blackboard, which had a few sentences written on it.
FOURTHLY, all presumptive evidence of felony should be admitted cautiously: for the law holds, that it is better that ten guilty persons escape, than that one innocent suffer.
"This is known as Blackstone's Formulation," Alex said, "although the principle behind it is much older. Sir John Fortescue said much the same a few centuries earlier. The idea here is that, all else being equal, it is better for a judicial system to acquit ten guilty people than to convict one innocent person.
"Obviously, the ideal would be to convict every guilty person and to never convict anyone who was innocent. But that's not realistic. Some accused will confess. Some crimes, you will have clear and undeniable evidence. The rest of the time? You have a great deal of evidence pointing towards that person, while he or she swears innocence.
"It is each society's decision, what to prioritize in that moment. Not all follow Blackstone. Otto von Bismarck said the opposite: better to imprison ten innocent men than to let one guilty go free. Bismarck's country would presumably have less crime, but I'll say, I still wouldn't want to live there.
"If society decides that it's better to acquit the innocent than convict the guilty, then the burden of proof is on the prosecutors. The government has to prove, within a reasonable doubt, that this person is guilty. Reasonable doubt doesn't mean no doubt at all. If aliens might have abducted this person and replaced him with a body double, that's certainly an alternate theory of the crime, but it's hardly a plausible one."
At least, for places that weren't Fandom.
"No one is found innocent in a court of law: the verdicts are Guilty or Not Guilty, and sometimes the latter means 'we're not sure.' If you're not convinced, as a jury member, you should vote Not Guilty. Put the burden on the prosecutors. Make us do our job.
"By contrast, if you're living in Bismarck's world, you have to prove your innocence, if you're charged with a crime. Proving a negative is difficult. Find a good alibi, find a good attorney, and good luck."
Alex clasped her hands together, in front of herself. "So. That's this week's topic. Reasonable doubt, and balancing those scales. Do you follow Blackstone, or Bismarck?"
Re: Discussion - Blackstone v. Bismarck - JST09
Re: Discussion - Blackstone v. Bismarck - JST09
Re: Discussion - Blackstone v. Bismarck - JST09
Re: Discussion - Blackstone v. Bismarck - JST09